On October 28 2025, the High Court of Malawi sitting in Blantyre delivered a landmark ruling through which, among others, it directed the review of post-abortion care guidelines to remove uncertainty, especially among healthcare workers. The ruling also set clarity, compelling healthcare workers to perform safe abortions to women and girls that approach the various public health facilities. In this interview with our journalist LLOYD CHITSULO, sexual and reproductive health and rights advocate KENNETH MTAGO unpacks the impact of delays as regards implementing the guidelines, which the Attorney General’s office recently said they await other formalities. Excerpts;
Q. While the country awaits implementation of the reviewed guidelines, how does the current status quo continue to impact girls and women seeking to procure safe abortions in public health facilities, considering how they are turned away by healthcare workers?
The continued denial of safe abortion services to girls who become pregnant as a result of rape, defilement, or incest has had serious consequences for many girls in Malawi. While the Gender Equality Act and the National Sexual and Reproductive Health and Rights (SRHR) Policy recognise the right of every person to access sexual and reproductive health services, many girls still face barriers when seeking these services.
One major challenge is that some health workers are not fully aware of the legal provisions under the Gender Equality Act, while others fear legal consequences or are influenced by personal beliefs and stigma surrounding abortion. As a result, girls who are entitled to services are often denied care or referred from one facility to another, causing harmful delays.
The impact on girls is significant. Many are forced to continue pregnancies resulting from sexual violence, which can lead to severe psychological trauma, depression and emotional distress. For young girls, pregnancy and childbirth also carry higher health risks and can affect their education and overall well being. Some girls, after being denied services, resort to unsafe abortion methods, which contribute to injuries, infections, infertility, and in some cases, death.
Q. With that being said, how imperative is this High Court of Malawi ruling and why should its directives be implemented at the soonest time possible?
The recent High Court judgment in AC (A Minor) v Ministry of Health and Others has provided important legal clarity. The court affirmed that girls who become pregnant as a result of sexual violence have the right to access safe abortion services and that preservation of life includes both physical and mental health. The judgment also emphasised that health facilities have a duty to provide accurate information and lawful reproductive health services.
Despite these legal protections, there remains a need for greater public awareness, health worker training, and the revision of clinical guidelines to ensure that girls can access services without unnecessary barriers.
Q. What else should this public awareness entail considering that there are numerous issues, for instance, relating to stigma, misinformation, disinformation and malinformation, among other issues?
There is also a need to address stigma and misinformation that continue to prevent many girls from exercising their rights. Ensuring access to lawful reproductive health services is not only a health issue but also a matter of human rights, dignity, gender equality, and justice for girls who have experienced sexual violence.
FAST FACTS
● October 28, landmark ruling delivered
● Gives 180 days for post-abortion care guidelines to be reviewed and implemented
● Stakeholders mentioned include Attorney General’s office, Ministry of Health, Malawi Human Rights Commission
● Deadline was on April 25 2026
● Attorney General’s office says guidelines reviewed, awaits formalities and other procedures
