Legal rules and procedures as barriers for judicial enforcement of women’s reproductive rights in Zimbabwe, Namibia and Botswana

Abstract

Zimbabwe, Botswana and Namibia are parties to international treaties and standards that recognise or are relevant to the protection of reproductive rights for women and have made them justiciable through constitutional recognition. However, the realisation and protection of these rights through these countries’ national judicial enforcement mechanisms are hampered by procedural rules and standards that act as effective barriers for women to access the courts. The study examines the limitations of enforcing reproductive rights through the courts, focusing on common law delict claims illustrated by three decided reproductive rights cases in Zimbabwe, Botswana and Namibia. The study also examines best practices for the enforcement of reproductive rights and makes recommendations to mitigate the barriers.