Court Order Ignored? Pregnant Rape Survivors Still Blocked From Safe Abortion Services Despite Landmark Ruling

Pregnant girls who are survivors of sexual assault are still facing serious barriers in accessing sexual and reproductive health services—including safe and legal abortion care—despite a court ruling intended to guarantee their rights, stakeholders have revealed.

Legal and health rights advocates say the failure to fully implement the court order is leaving some of the country’s most vulnerable girls in continued distress, raising concerns about compliance within the health system and accountability at institutional level.

Legal advisor for the Religious Leaders Network for Choice, Mateyu Sisya, says the situation exposes a worrying gap between court directives and what is actually happening in public health facilities.

He was speaking in reference to a civil case involving a 13-year-old girl who sued a clinician at Chileka Health Centre in Blantyre, along with Blantyre District Council, the Ministry of Health, and the Malawi Human Rights Commission, after she was allegedly denied access to safe pregnancy termination services.

On October 28, 2025, the court ruled in her favour, affirming that the Gender Equality Act guarantees every person the right to adequate sexual and reproductive health services—including the right to decide whether to continue a pregnancy or not under Section 19 of the Act.

Despite this landmark ruling, Sisya says implementation has been slow and inconsistent.

“Much as the judgment was delivered, we are concerned that there has not been any meaningful or tangible work done to review the Standards and Guidelines for Post-Abortion Care 2020 as ordered by the court within 180 days,” Sisya said.

He further noted that the court also directed the Ministry of Health to ensure that all designated health workers providing post-abortion care are adequately trained on the updated standards and guidelines, but said no such training has taken place.

“We are concerned that health service providers have not been trained as required, despite the lapse of the court-imposed deadline,” he added.

The continued gap in implementation, rights advocates warn, is leaving health workers uncertain about the legal framework, and patients—particularly child survivors of sexual and gender-based violence—without guaranteed access to services the court has already affirmed as lawful.

Sisya has now called on the Ministry of Health to urgently act on the ruling, including properly training health personnel and ensuring clear instructions are issued across all designated facilities.

“We call upon the Ministry to show commitment that all health providers are appropriately instructed and trained to provide termination of pregnancy services to child victims of sexual and gender-based violence as ordered by the court,” he said.

The advocates have also turned to the Malawi Human Rights Commission, urging it to exercise its statutory mandate by recommending legal reforms and updated guidelines that would remove barriers preventing pregnant girls who are victims of abuse from accessing reproductive health services, including safe and legal termination of pregnancy.

They argue that without such reforms and strict enforcement, court victories risk remaining symbolic—while vulnerable girls continue to suffer within a system that has already legally recognised their rights.