The State (On the Application by HM (Guardian) on behalf of CM (Minor) vs The Hospital Director of Queens Elizabeth Central Hospital and the Minister of Health: Judicial Review Case Number 03 of 2021 (unreported) (High Court of Malawi, Zomba District Registry)
Applicant(s): C.M.
Filing Date: May 10, 2021
Nyale Institute, alongside KK Attorneys and WLSA, supported a 15-year-old survivor of sexual violence (CM) in seeking legal clarity on abortion access after a hospital denied her request for a safe abortion.
On June 15, 2021, the Malawi High Court ruled that while abortion is generally restricted, it is legal when a woman’s life or health—both physical and mental—is at risk. The court also clarified that women and girls seeking an abortion must formally request the procedure from a healthcare provider, who will assess their condition. This ruling set an important precedent which is binding on all lower courts and public institutions. It was also the first time a Malawian court interpreted abortion laws outside of a criminal case.
This marks a key step in advancing reproductive rights in Malawi.
To learn more: See the Court Ruling (link)
