The High Court of Malawi has issued a landmark ruling affirming the rights of sexual violence survivors to access safe abortion care. The court ruled that denying a 14-year-old rape survivor a safe termination of pregnancy violated her sexual and reproductive health rights under Sections 19 and 20 of the Gender Equality Act. Amnesty International hailed the decision as a critical precedent in a country where abortion remains largely criminalized, recognizing that forcing women or girls to carry unwanted pregnancies constitutes a violation of their fundamental rights.
Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa, emphasized that the ruling protects survivors from the dangers of unsafe abortions while safeguarding their constitutional and human rights. He also called on the Malawian government to urgently reform its restrictive abortion laws and revise national guidelines on post-abortion care, in line with regional and international human rights obligations.
Amnesty International underscored that unsafe abortion and abortion-related stigma contribute directly to Malawi’s high rates of maternal mortality and suffering. The organization urged the parliament to adopt a legal framework that prioritizes the health, dignity, and rights of women and girls.
Abortion in Malawi is currently punishable by up to 14 years in prison, with exceptions only to save the mother’s life. The country has one of the highest maternal mortality rates globally, with unsafe abortions accounting for up to 18% of related deaths. The case centered on a minor, identified as AC, who became pregnant following rape and was initially denied a safe abortion by a clinician fearing prosecution. She later received the procedure at Queen Elizabeth Central Hospital. On 28 October 2025, the court awarded her K50 million (approximately USD 29,000) in damages for the violation of her rights and the suffering endured.
