Nyale Institute Lauds Court’s Ruling Protecting Minors’ Right to Safe Abortion
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By Chisomo Phiri
The Nyale Institute for Sexual and Reproductive Health Governance has hailed a High Court ruling that firmly clarifies when minors can lawfully access termination of pregnancy especially in cases involving sexual violence.
The ruling follows a disturbing case in which a 14-year-old girl became pregnant after being defiled.
The court found that denying the girl safe abortion services violated her rights under both the Gender Equality Act and the Constitution, setting a powerful legal precedent for survivors across Malawi.
In an interview with Sele Media Malawi,the Institute’s Executive Director, Dr. Godfrey Kangaude, said the judgment is a critical step forward in strengthening reproductive health governance and ensuring courts interpret such rights using the law not religious or moral lenses.
> “If judges were to apply personal or religious beliefs, the justice system would descend into inconsistency and chaos,” he said .
Kangaude urged the judiciary to remain unwavering in applying the law impartially, and called on the courts to continue offering clear legal guidance on survivors’ access to abortion in exceptional circumstances.
He also challenged lawmakers to reform Malawi’s abortion framework so that it protects both access to essential healthcare and freedom of conscience.
> “No one should be forced to provide or undergo an abortion against their beliefs, just as no one should be denied essential care when the law entitles them to it,” he said.
Kangaude added that the ruling should open the door for continued national dialogue anchored in respect and human dignity especially in a country where public opinion on abortion remains deeply divided.
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