Zimbabwe's High Court struck down sections of the Termination of Pregnancy Act as unconstitutional, finding that restrictions on abortion access discriminate against women with mental health conditions and victims of sexual abuse in psychiatric facilities. Justice Slyvia Chirawu-Mugomba determined that provisions limiting lawful terminations to narrow physical health exceptions violate fundamental rights, including dignity, equality and reproductive healthcare, while creating barriers for mentally ill women seeking safe procedures.
The ruling addressed a constitutional challenge filed by rights lawyer Tendai Biti on behalf of Member of Parliament Nyasha Batisa and the Community Working Group on Health. Chirawu-Mugomba rejected government arguments that existing language already covered mental health risks, holding that explicit protections were necessary and noting inconsistencies between the pregnancy termination statute and the Mental Health Act regarding sexual abuse protections.
The declarations of invalidity were suspended pending Constitutional Court confirmation as required under national law.
The ruling addressed a constitutional challenge filed by rights lawyer Tendai Biti on behalf of Member of Parliament Nyasha Batisa and the Community Working Group on Health. Chirawu-Mugomba rejected government arguments that existing language already covered mental health risks, holding that explicit protections were necessary and noting inconsistencies between the pregnancy termination statute and the Mental Health Act regarding sexual abuse protections.
The declarations of invalidity were suspended pending Constitutional Court confirmation as required under national law.
