By Rahim Abdul
The Nyale Institute for Sexual and Reproductive Health Governance has expressed strong support for the recent landmark judgment delivered by the Malawi High Court in the case of AC (Minor) vs. Ministry of Health and Others.
The organisation says the ruling marks a pivotal moment in the protection of reproductive rights and the advancement of constitutional guarantees in Malawi.
According to the Institute, the judgment demonstrates the judiciary’s unwavering commitment to upholding the values enshrined in the Constitution, particularly those related to dignity, bodily autonomy and access to essential health services.
The organisation notes that the ruling reinforces the State’s obligation to ensure that women and girls have timely access to safe reproductive health services, including abortion care where legally justified.
Nyale Institute, which played a crucial role in supporting the matter as it made its way to the High Court, emphasises that the verdict offers clarity on the rights of vulnerable groups.
The case centred on a 14-year-old girl who became pregnant through rape and the court found that denying her access to a safe abortion violated her constitutional rights and the Gender Equality Act.
The Institute says the judgment rightly recognises that forcing a minor to carry a pregnancy resulting from sexual violence is inconsistent with Malawi’s legal framework, which is designed to protect the lives, dignity and future of children. By affirming this position, the court has strengthened protections for survivors of abuse and highlighted the urgent need for accessible reproductive health services.
In its statement, Nyale Institute welcomed the constructive national conversation that the ruling has sparked. It noted that civic organisations, faith groups and members of the public have been engaging in robust dialogue, reflecting the diverse views held across the country on issues of morality, health and human rights.
The organisation urged Malawians to continue approaching the debate with respect and openness, acknowledging that while beliefs may differ, the role of the courts must remain grounded in law, justice and constitutional principles.
It stressed that safeguarding human rights cannot be contingent upon personal or religious beliefs but must align with the rule of law.
Nyale Institute highlighted that courts, guided by Section 9 of the Constitution, are mandated to interpret and apply the law impartially, ensuring that justice is both accessible and non-discriminatory.
The organisation noted that this mandate was clearly reflected in the High Court’s approach to the AC case.
Executive Director Dr. Godfrey Kangaude reiterated that the ruling establishes an important legal precedent for reproductive rights in Malawi.
He stated that the judgment not only addresses the immediate injustice faced by the survivor but also strengthens the broader framework for protecting girls and women across the country.
Dr. Kangaude added that the Institute remains committed to promoting informed public engagement and encouraging the government to uphold its constitutional obligations in matters of reproductive health. He said the judgment should inspire policymakers to strengthen legal and policy frameworks that protect vulnerable populations.
In conclusion, Nyale Institute said the ruling is a reminder of the essential role that courts play in upholding rights and ensuring that justice responds to the lived realities of Malawians.
The organisation called on all stakeholders to work collaboratively to protect reproductive health rights and support the dignity and safety of all, especially survivors of sexual violence.
