Introduction

January 2025 marked a milestone for the Center for Reproductive Rights’ Africa Program when Malawi’s High Court accepted it as Amicus Curiae, or “friend of the court” in a groundbreaking case on safe abortion access. The Center provided legal expertise supporting the rights of sexual assault survivors. 

The case, AC & Others v. Jenala Solomon & Others (Civil Cause No. 162 of 2023), was brought on behalf of a 13-year-old girl who became pregnant after being sexually assaulted. When AC 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 gynecologist later confirmed that continuing the pregnancy would severely endanger her life, and it was ultimately terminated after unnecessary delay and distress. 

Malawi’s 2013 Gender Equality Act (GEA) guarantees the right to sexual and reproductive health, including non-discriminatory access to services and information. The case challenges the hospital’s failure to provide timely and adequate care, as well as its refusal to inform AC of available options, arguing that its actions violated these guarantees. 

In its decision, the court will have to answer fundamental questions about the GEA’s interpretation, and whether the right to sexual and reproductive health includes access to safe abortion care for survivors of sexual violence. 

Advancing change

As Amicus, Center advances legal norms and systemic change in Malawi 

Following its admission as Amicus, in May 2025, the Center’s Africa team participated in the case hearing at the High Court in Blantyre, Malawi.  

In its role as Amicus Curiae, the Center’s Africa Program provided legal expertise to support the interpretation of the GEA in line with constitutional protections, regional human rights instruments, and Malawi’s commitments under international law. Its brief emphasized that: 

• Access to safe and legal abortion is central to survivors’ rights to health, dignity, and freedom from cruel, inhuman and degrading treatment; 
• Denial of this access disproportionately affects adolescent girls, who already face heightened health risks from early pregnancy and social stigma; 
• The GEA must be interpreted to encompass the full range of sexual and reproductive health services, including abortion care, especially in cases of sexual violence. 

The Center’s admission as Amicus and participation in the proceedings align with its mission of using the law to advance reproductive rights as human rights. This also reflects its regional and global expertise in setting norms and strengthening legal protections through strategic litigation. 

A win for reproductive rights

A win for reproductive rights and for girls in Africa 

This case has the potential to set a powerful precedent for the rights of survivors of sexual violence in Malawi and beyond. A victory would: 

• Establish legal recognition that the GEA protects access to abortion as part of comprehensive sexual and reproductive health and rights; 
• Ensure healthcare providers are accountable for upholding legal obligations to provide accurate information and respectful, timely care; 
• Challenge the discrimination and stigma that survivors face in healthcare settings; 
• Catalyze broader systemic reforms in Malawi’s legal and health systems. 

More than a procedural milestone, the Africa Program’s admission in this case is a substantive win in the continued push for sexual and reproductive rights in Africa. It affirms the Center’s role as a legal and policy thought leader and regional expert on the most pressing issues facing women and girls today. The Center continues to use the law to dismantle systemic barriers and to uphold the rights and dignity of all women and girls, especially survivors of sexual violence.