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“Sets worrying precedent”, Malawi’s Religious Leaders Fault Court Ruling on “safe abortion” for Sexual Violence Victims

Religious leaders in Malawi have condemned a recent High Court ruling that expands access to “safe abortion” for victims of sexual violence, pledging to challenge the decision and defend the sanctity of life from conception.

In a statement, the religious leaders, including members of the Malawi Conference of Catholic Bishops (MCCB), Malawi Council of Churches (MCC), Evangelical Association of Malawi (EAM), and Muslim Association of Malawi (QMAM), express “deep concern over the recent High Court judgement on abortion, which we believe sets a worrying precedent for the protection of both mothers and unborn children in our country.”

On October 28, Malawi’s High Court reportedly upheld a landmark ruling “holding that denying a minor survivor of sexual violence access to safe termination of pregnancy constitutes a violation of reproductive-health rights protected under sections 19(1)(a), 19(2), and 20(1)(d) of the gender equality act.”

In the ruling, the court “clarified that section 243 of the penal code’s exception for “preservation of the mother’s life” must be interpreted to include both mental and physical health, not merely immediate physical danger to life.”

The ruling was issued in response to a lawsuit brought by a 14-year-old girl who, after allegedly being raped, was denied access to a “safe abortion” at a public health institution.

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The girl filed a complaint against the attending clinical officer, the health facility, and the Ministry of Health, arguing that her sexual and reproductive rights had been infringed.

In his judgment, High Court Judge Michael Tembo stated that compelling a child to give birth to a pregnancy resulting from abuse amounts to treatment that is cruel, inhuman, and degrading.

In their collective statement issued November 12, Malawi’s religious leader fault the High Court Judge, saying, “Decisions of such magnitude, touching on fundamental moral and ethical principles, must not rest solely on the opinion of a single judge but must reflect the conscience of our nation.”

They add, “We hold, without reservation, that life begins at conception and is sacred. No one has the moral or divine right to terminate life arbitrarily.”

The religious leaders call upon Malawi’s legislators to “once again, as did their predecessors in rejecting the proposed Termination of Pregnancy (TOP) Bill, stand united in defending life and resisting any attempt to manipulate our laws to justify the taking of innocent unborn lives.”

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“As faith leaders, we are fully aware of the hardships faced by women and girls who experience unplanned or difficult pregnancies. However, we firmly believe that ending the life of an unborn child is not the solution,” they explain.

As a nation, the religious leaders continue, “we must foster honest, compassionate, and constructive dialogue to address these challenges, finding ways to support vulnerable girls and women while upholding the sanctity of life for both mother and child.”

They note that “our current laws already provide adequate protection for both mothers and unborn children. Any attempt to expand the grounds for abortion beyond what is currently permitted would open the door to abortion on demand, which aligns with the long-term objectives of global pro-abortion movements, a path we must not take.”

In their collective statement, the religious leaders disclose that they are consulting legal experts to explore how best to appeal against the High Court ruling. 

“At the same time, we are engaging with the Government, through the Office of the Attorney General as the principal legal adviser to the Government and one of the Defendants in the case, to explore the possibility of appealing against this judgment,” they say.

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They express the hope that the Malawian government, “known for its respect for the cultural, moral, and religious values cherished by the majority of Malawians, will act accordingly to safeguard our laws from alterations that undermine the will and values of the people.”

“Ultimately, this is a moral and spiritual battle between light and darkness. We therefore urge all Malawians to cover our nation and our leaders in the Executive, Judiciary, and Legislature, in earnest prayer that they may be guided by the fear of God, uphold divine principles, and act with wisdom and justice,” religious leaders in Malawi say.

They urge all citizens across the Southern African nation to “stand in solidarity to defend life, family, and moral integrity against any form of assault.” 

Jude Atemanke is a Cameroonian journalist with a passion for Catholic Church communication. He holds a Bachelor’s Degree in Journalism and Mass Communication from the University of Buea in Cameroon. Currently, Jude serves as a journalist for ACI Africa.