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2 documents
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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.
Judgment
28 October 2025
Ex Parte: Nsabimana and Others ; S v Department of Poverty and Disaster Management Affairs and Another (Application No. 19 of 2006) [2008] MWHC 79 (17 April 2008)
Applicant challenged return-to-camp order; court held ID was not a residence permit and dismissed the challenge.
Refugee law – residence restrictions – identity card versus urban residence permit – standing – procedural fairness (s.43 Constitution) – discrimination (ss.20 & 44) – Article 26 reservation – ultra vires delegation – Immigration Act authority
Judgment
17 April 2008
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