By Joseph Dumbula
Health advocates are urging stakeholders to go beyond mere policy changes and ensure the effective execution of revised post-abortion care (PAC) guidelines, following the expiration of a 180-day court deadline.
The High Court in Blantyre had mandated the Ministry of Health to update the guidelines to fill gaps affecting girls who become pregnant due to defilement.
On October 28 of last year, High Court Judge Michael Tembo ruled in favor of a 16-year-old girl, referred to in court documents as AC. She had contested a clinician at Chileka Health Centre who refused to assist in terminating her pregnancy, which resulted from defilement by a 60-year-old neighbor when she was just 13.
The girl also filed a lawsuit against Blantyre City Council, the Attorney General of Malawi, and the Malawi Human Rights Commission, claiming their actions breached the provisions of the Gender Equality Act.
In its decision, the court instructed the Attorney General to collaborate with the Ministry of Health to revise the 2020 PAC guidelines, clarifying that girls who become pregnant as a result of defilement have the right to choose whether to continue with the pregnancy. It also assigned the Malawi Human Rights Commission the responsibility of ensuring that health workers receive training and guidance on the updated standards.
Godfrey Kangaude, executive director of the Nyale Institute, praised the Ministry of Health for adhering to the court’s order but emphasized that the real challenge lies in implementation.
“All stakeholders now have a role to play in assisting the Ministry to put the Court’s judgement into action, so that survivors of sexual and gender-based violence can access safe abortion services in line with the laws of Malawi,” he stated.
He further mentioned that the organization has prepared an issue paper analyzing the broader implications of the ruling, including its relevance to adult survivors, consent for minors, potential access barriers, conscientious objection by health workers, and access to justice.
