Nyale Institute, which is advocating for the full review of the abortion law, says the Termination of Pregnancy Bill could comprehensively address some of the challenges faced by girls and women who need termination of pregnancy for various reasons.
This is according to Executive Director, Dr Godfrey Kangaude, who said the current law has some gaps that can only be addressed by reviewing it so that it suits the current situation and addresses challenges that the current law is failing to.
Dr Kangaude, who is an attorney and reproductive health scholar, said it is very worrisome that every year in Malawi, 141,000 women induce abortion and that out of the population, about 500 die from unsafe abortions.
The Director further highlighted that this situation could be prevented by reviewing the current law and making people understand that the current law is not an absolute prohibition.
“It is sad that among this population are women and girls who if they had known that they are eligible for legal abortion, they would have accessed safe termination of pregnancy at a public facility provided by trained and skilled professionals using the appropriate standards of care.
“Termination of pregnancy is permissible when the life or health of the pregnant woman or girl is endangered. So, the Termination of Pregnancy Bill is important because it would address challenges where the current law is falling short,” explained Dr Kangaude.
It is reported that this is coming when recently the Malawi government reported to the United Nations Committee on Economic, Social and Cultural Rights that termination of pregnancy in the country, is in some cases legally permissible.
The Institute, through Kangaude, has then hailed the Malawi government for the clarification saying it will empower pregnant women to access care at public health facilities when they are under threat.
“Recognising this aspect of the law is crucial as it may prevent women from resorting to unsafe methods of abortion, risking their lives in the process,” he added.
In 2021, Justice Mzonde Mvula clarified that women and girls seeking to access abortion in Malawi must first present themselves before a doctor and expressly make a request for abortion services based on existing conditions and at that point, the doctor would then review the request and make a decision.