Malawi government commended for aligning post-abortion care guidelines with court order
The Malawi Government is being commended for aligning Malawi’s Standards and Guidelines on Post-Abortion Care with a High Court directive, in a move seen as strengthening access to essential health services for survivors of sexual and gender-based violence.
The Ministry of Health and Sanitation has complied with a High Court order to amend the national guidelines after the expiry of a 180-day deadline set by the court, marking a key step in ensuring that legal and health systems work in tandem to protect vulnerable groups.
The directive stems from the landmark case of AC (a Minor) v Ministry of Health & Others, in which a 14-year-old girl identified as AC became pregnant after being raped.
She initially sought a safe termination of pregnancy at the One Stop Centre at Chileka Health Centre, but the attending clinician refused the procedure and advised her to continue with the pregnancy. She was later granted access to the procedure at Queen Elizabeth Central Hospital.
Through her father, AC took legal action against the defendants, arguing that her sexual and reproductive health rights under the Gender Equality Act had been violated, and that her mental health had not been adequately considered.
The High Court subsequently ordered the Ministry of Health to align its guidelines with the law, particularly to ensure access to services for survivors of sexual and gender-based violence.
Commenting on the development, Nyale Institute for Sexual and Reproductive Health Governance Executive Director Dr Godfrey Dalitso Kangaude commended the government, through the Ministry of Health, for complying with the court order, describing it as an important demonstration of coordinated governance in responding to public health and human rights needs.
“Nyale Institute commends the Executive, through the Ministry of Health, for demonstrating how the branches of government can work in synergy to respond to the needs and interests of the people. This action addresses a critical and longstanding gap, particularly affecting the physical and mental health of survivors of sexual and gender-based violence,” Kangaude said.
He said the focus should now shift to implementation, urging civil society organisations, development partners, and other stakeholders to support the Ministry in operationalising the court’s ruling so that survivors can access safe and timely services in line with Malawi’s legal framework.
Kangaude further disclosed that Nyale Institute has convened a stakeholders’ conference, with support from development partners, to reflect on the broader implications of the ruling beyond child survivors of sexual violence.
The organisation has also developed an Issues Paper highlighting key considerations, including the scope of the ruling as it applies to adult survivors, consent requirements for minors, possible administrative barriers to access, conscientious objection, access to justice under the Gender Equality Act, and the need for strengthened public awareness and civic education.
“As part of this process, Nyale Institute has finalised an Issues Paper that addresses, among other matters, the scope of the ruling as it relates to adult survivors, questions of consent for minors, potential administrative barriers to access, conscientious objection, access to justice under the Gender Equality Act, and the need for strengthened civic awareness and public education,” he added.
Nyale Institute has reaffirmed its commitment to working with the Executive, Legislature, Judiciary, and other stakeholders to support the development and implementation of sexual and reproductive health policies that align with the Constitution and respond to the real needs of Malawians.
