Malawi - October 2025

In a landmark decision for reproductive rights, the High Court ruled in October that minors have an automatic right to abortion where the pregnancy results from a sexual offence perpetrated against the girl. Abortion is largely criminalised in Malawi, with its penal code permitting terminations only to save the life of the mother. In its ruling, the Court found that the mental and physical harm caused by forcing a child to carry an unwanted pregnancy conceived through violence met this exception. The Court also found that the state had a positive duty to always make abortion services available in such circumstances and ordered the Ministry of Health to provide clear guidelines for health care professionals, recognising the lack of clarity on the law has led to victims being denied access to safe abortions. Sexual violence against girls is widespread in Malawi and unsafe abortions have contributed to making pregnancy and childbirth complications the leading cause of death among adolescents. 

Sources: The High Court of Malawi, Nyale Institute, Action for Global Health, United Nations Population Fund