Prominent lawyer Tendai Biti has praised the recent landmark High Court ruling obtained by Women and Law in Southern Africa (WILSA), which declared the prohibition of safe abortions unconstitutional.
Speaking on the implications of the judgment, Biti highlighted key issues surrounding marital rape and adolescent sexual rights in Zimbabwe.
Biti reflected on progress made in the legal protection of women, emphasizing the criminalization of marital rape as a milestone achieved after years of advocacy by women’s rights organizations.
“A few years ago, after years and years of struggle by women’s organizations, marital rape was criminalized,” he noted. Biti described how Zimbabwe’s social dynamics, including unregistered customary marriages and long-term separations due to migration, have left many women vulnerable to abuse in their own homes. He stressed the importance of the law in addressing these realities, stating, “If you sleep with someone in the village and claim, ‘You are my wife,’ that’s not acceptable. The government had to step in and make marital rape a crime.”
On adolescent sexual rights, Biti discussed the constitutional challenges surrounding the age of consent, which is set at 18 years. While the law prohibits sex or marriage before 18, the reality of adolescent sexual activity presents legal and social complexities.
“The question that arose then was: What happens to an adolescent who finds themselves pregnant from an act of sexual activity that the constitution outlaws?” Biti remarked. He applauded WILSA’s efforts in pushing for children’s rights, including the protection of adolescent girls from the burden of carrying pregnancies resulting from unconstitutional or abusive acts.
The landmark ruling paves the way for broader discussions about reproductive rights and the necessity of revising outdated laws, such as the 1977 Termination of Pregnancy Act.
Advocates like Biti argue that these legal reforms are essential to safeguarding the health and dignity of women and girls in Zimbabwe.
WILSA has vowed to continue its fight for gender justice, while experts like Biti emphasize the importance of aligning Zimbabwe’s laws with the lived realities of its people. As the country grapples with issues of child pregnancies and unsafe abortions, the judgment is seen as a significant step towards ensuring reproductive health and justice for all.
