Malawi’s interfaith group has hailed the High Court of Malawi for delivering a landmark ruling that will allow those who fall pregnant from sexual violence, such as rape and defilement to seek safe abortion services.
The Religious Leaders Network for Choice (RLNC) has made the call at a press briefing held in Malawi’s commercial city of Blantyre on Friday.
“We would like to call upon the Malawi Government to make sure that the ruling is respected and that necessary measures are put in place to ensure its enforcement,” said RLNC National Coordinator Rev. Cliff Nyekanyeka.
“As the Religious Leaders Network for Choice, we pragmatically understand the psychological trauma that sexually abused women and minors, in particular, go through because for quite a long time our members have handled such victims through our working collaboration with health facilities throughout the country, especially through the One Stop Centers where such victims are offered help,” he said.
The network admonished members of the public to desist from making statements that undermine the integrity of the High Court and the independence of the judiciary.
“We believe that the ruling is not just a statement of the judge's personal conviction on the matter but a thorough and objective interpretation of the Gender Equality Act of Malawi, which is a product of thorough nationwide consultation.
The faith network observed that despite the ruling, some religious-owned health facilities and even health workers have the freedom to exercise conscientious objection.
“Health workers who cannot provide abortion services should refer patients to their peers who can provide such services instead of just neglecting women and girls seeking such services because medical ethics require balancing the issue of a medical provider's right to act according to their conscience with the patient's right to receive care and avoid unfair treatment,” Nyekanyeka said.
RLNC backing of the ruling comes after the High Court of Malawi recently ruled that girls who have experienced sexual violence, if they wish, are free to seek safe abortions without any obstacles, in accordance with Section 19 of the Gender Equality Act.
The ruling was based on a case in which a minor filed a lawsuit against a healthcare provider, a medical facility, and the Ministry of Health for infringing upon her sexual and reproductive health rights, as she was initially denied access to a safe abortion after being subjected to defilement.
Delivering the ruling, the High Court Judge, Justice Michael Tembo emphasized that the Court had no doubt in its mind that a purposive interpretation of section 19 of the Gender Equality Act entails that a girl victim of a sexual offence who is pregnant as a result of such an offence definitely has a right to seek an abortion automatically upon indications that she had become pregnant as a result of a sexual offence being perpetrated on her.
According to the ruling, girls who become pregnant as a result of sexual offences, automatically qualify for access to safe abortion in line with Section 19 of the Gender Equality Act.
“We support the position of the High Court because victims of rape, incest and defilement should have the freedom to exercise the right to access medical services instead of torturing them with trauma in the name of religion, culture and morality,” he said.
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Religious Leaders Network for Choice Coordinator Rev Cliff Nyekanyeka
