A Blantyre-based teenage girl, who was allegedly raped by her uncle last year, has taken the Ministry of Justice to court for infringement of her sexual and reproductive health rights due to restrictive abortion laws.

In Civil Cause Number 162 of 2023 between C.J. vs Solomon et al filed in the High Court of Malawi Blantyre registry, the 14-year-old girl is acting through a guardian and seeks to get legal interpretation on her rights to safe abortion.

Nyali Institute executive director Godfrey Kangaude said they are facilitating the process in the High Court where various parties are yet to file their submissions before the matter can go for mediation.

He said: “The legal interpretation will also help other girls. Our argument is to convince the court to look at sections 19 and 20 of the Gender Equality Act. People have the right to access sexual and reproductive health services, including safe abortion.”

Kangaude said the case was filed in September 2023, but he declined to comment on the state of the pregnancy, saying it would be unethical on their part.

Coalition for the Prevention of Unsafe Abortion legal committee chairperson Mateyu Sisya described the case as strategic litigation that will question the existence of the law that says a woman can only have abortion if her life is in danger.

He said Attorney General Thabo Chakaka Nyirenda has entered defence after which there shall be a mediation session.

Section 243 of the Penal Code restricts abortion to only where the pregnancy poses danger to the life of the pregnant woman.

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