Calls for improved access to safe abortion services in Malawi have intensified, one year after a landmark court ruling exposed the challenges women and girls face when seeking lawful termination of pregnancy.
The ruling, delivered on October 28, 2025, in the case of AC (a Minor) v Ministry of Health and Others, became the first case in Malawi to place lawful access to safe abortion before the courts.
The case involved a young girl who became pregnant following sexual violence but was denied a termination when she sought medical assistance. The health provider reportedly cited Malawi’s laws as preventing him from providing the service.
Her guardian, with support from Nyale Institute, approached the High Court seeking clarification on whether the minor was legally entitled to terminate the pregnancy under the circumstances.
In its ruling, the court affirmed that a child who becomes pregnant as a result of sexual violence is entitled to safe abortion care under the Gender Equality Act and related laws. It also established that the legal protection of life extends to mental health and not merely physical survival.
Marking the first anniversary of the judgment on Wednesday, Nyale Institute said the ruling had opened up conversations about abortion rights and the challenges health workers face when providing services within Malawi’s legal framework.
The organisation said health providers still face questions about how to balance criminal law restrictions with their legal obligation to provide lawful abortion services. It also raised concerns about how personal and professional conscience could affect the delivery of such services.
“AC (a Minor) has contributed to shaping the discussion. We shall never go back to the time when this was all whispers,” reads part of the statement.
Nyale Institute acknowledged that abortion remains a divisive subject but said disagreements should not result in the suppression of different views or disregard for people’s rights.
The organisation also recognised the support of legal and human rights organisations, development partners and health workers who contributed to the case, while praising the courage of the girl and her guardian.
It said the next challenge was ensuring that the rights clarified by the court become a reality, so that girls and women do not have to go to court to access care guaranteed by the law.
“Our task now is to make that guarantee real, so that no girl in Malawi has to go to court to receive the care she is entitled to,” said Nyale Institute.
