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High Court of Malawi Civil Division - 2025 October

1 judgment

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1 judgment

Citation	Judgment date
October 2025
AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others (Civil Cause 162 of 2023) [2025] MWHCCiv 14 (28 October 2025) A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination. Gender Equality Act – right to sexual and reproductive health; Penal Code s243 – preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.	28 October 2025

Citation

Judgment date

October 2025

AC(A Minor) acting through Litigation Guardian Mr CJ vs Solomon & 4 others (Civil Cause 162 of 2023) [2025] MWHCCiv 14 (28 October 2025)

A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.

Gender Equality Act – right to sexual and reproductive health; Penal Code s243 – preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.

28 October 2025