The Nyale Institute has expressed concern over the complexity of Malawi’s laws on abortion, advising that the laws should be direct.
Dr Godfrey Kangaude, Executive Director of the Nyale Institute, spoke about this during a media engagement held in Blantyre aimed at guiding journalists on reporting court cases related to reproductive rights.
Kangaude expressed sadness that currently, the laws are scattered across multiple pieces of legislation, leading to confusion and limited access to safe abortion services.
“We have observed that there’s a challenge with our legal framework because it does not provide for access to safe and legal abortion directly,” Dr. Kangaude said. “One has to read at least three pieces of law legislation, the Gender Equality Act, the Penal Code, and the Constitution, and therefore this challenge has come out in several ways.”
Dr Kangaude highlighted the consequences of the complex laws, stating that “the law is restrictive, and women still go ahead and terminate pregnancy outside the health facility or public health facility.”
Nyale Institute is advocating for law reform to provide clearer guidelines on abortion. “Other countries have solved those problems. They’ve just created one law that says things more straightforward,” Dr. Kangaude said, emphasizing the need for a more accessible and straightforward legal framework to improve women’s health and well-being.
The Institute has called upon journalists in the country to play a pivotal role in raising public awareness about reproductive justice, especially in court cases involving the termination of pregnancy. According to a 2015 study, approximately 140,000 women undergo illegal abortions annually, with around 30,000 experiencing complications.
The Nyale Institute, in partnership with its legal partners, is backing a landmark court case involving a minor, AC, who seeks legal clarity on terminating her pregnancy resulting from rape, potentially setting a crucial precedent for reproductive rights in Malawi.
