The High Court of Malawi rendered its judgment in AC (Minor) v. Jenala Solomon & Others (Civil Cause No. 162 of 2023) on 28 October 2025, finding that Malawi’s Gender Equality Act includes an automatic right to access safe abortion care for girls and women who are survivors of sexual violence.
Pallas Partners LLP provided pro bono support to the Center for Reproductive Rights in preparing and submitting the amicus curiae brief that was accepted by the Court. The brief highlighted the relevant international human-rights landscape and comparative case law to assist the Court in interpreting the Gender Equality Act.
The Court held that by denying AC access to safe termination services – despite confirmed risks to her health and life – and by refusing to inform her of available options, both the provider and the hospital violated Sections 19(1) and 19(2) of the Gender Equality Act. These sections guarantee the right to comprehensive sexual and reproductive health, including non-discriminatory access to safe termination services and full information for informed decision-making.
In its detailed judgment, the Court extensively acknowledged the Center for Reproductive Rights’ submissions and expressly agreed with the position advanced in the Center’s amicus curiae brief:
“This Court wishes to indicate that it agrees with the position advanced by the claimant and elaborated by the Center herein, pertaining to the legal framework on reproductive health in Malawi. … This Court is persuaded that, as contended by the claimant and as elaborated in the brief submitted by the Center, the consensus under international human rights jurisprudence both in the Africa region and beyond is that the right to access sexual and reproductive health services encompasses, at least in specific circumstances, the right to safe and legal termination of pregnancy.”
This landmark ruling represents a significant victory for reproductive rights in Malawi and for the Center’s Africa Program, which has long provided legal expertise in support of sexual assault survivors.
Pallas Partners (with a cross-office team of Natasha Harrison, Kimmie Fearnside and Brianna Simopoulos) worked alongside Hilda Soko of Soko & Co. and Company Advocates to support the Center through its Kenya office. “The Court’s ruling is a profound affirmation of the right to health, dignity, and equality for women and girls in Malawi,” said Kimmie Fearnside, Pallas Partner and Pro Bono Lead. “We are honoured to have contributed to this important outcome and are proud to stand beside the Center for Reproductive Rights in using the law as a tool for justice.”
About the case
The case was brought on behalf of a 13-year-old girl who became pregnant after being sexually assaulted. When she sought care at a health facility, the attending health officer – despite confirming the pregnancy and the clear risks it posed to her health – refused to provide an abortion. A gynaecologist later confirmed that continuing the pregnancy would endanger her life; while it was ultimately terminated, the delay caused significant harm and distress.
The High Court’s judgment now affirms that Malawi’s Gender Equality Act guarantees access to safe abortion care in such circumstances, setting an important precedent for the interpretation of reproductive-health rights under Malawian law.
About the Center for Reproductive Rights
For more than 30 years, the Center for Reproductive Rights has used the law to advance reproductive freedom as a fundamental human right that all governments are obligated to protect, respect, and fulfil. Its attorneys have litigated landmark cases before national courts, United Nations committees, and regional human-rights bodies, expanding access to reproductive healthcare around the world.
