Terms of Reference (TOR) Review of Termination of Pregnancy (TOP) Model Law and Development of the Termination of Pregnancy Guideline in Zimbabwe
Consultancy, Research Jobs
- Expires 20 Feb 2025
- Harare
- Full Time
Job Description
1. Background and Context
Access to safe abortion services in Zimbabwe remains highly restricted under the Termination of Pregnancy Act [Chapter 15:10] (1977), which permits abortion only in cases of Rape, Incest, fetal impairment, or to save a woman’s life. Even with these legal grounds for termination, there are too many administrative hurdles for a victim to obtain an order of termination. In the case of Mildred Mapingure v Minister of Home Affairs & 2 Others SC-22-14, these administrative issues came out. The applicant in the matter was a rape victim who failed to obtain an order for termination timeously as she was referred from one office to another, until it was too late to perform the termination. The case made it clear that there was need for the termination of pregnancy process to be simplified. This restrictive legal framework has led to a high prevalence of unsafe abortions, contributing to maternal mortality and morbidity. Studies indicate that over 66,000 unsafe abortions occur annually in Zimbabwe, with adolescent girls and marginalized women being the most affected. The lack of comprehensive reproductive health information, stigma, and barriers to service provision further exacerbate the problem.
Women and Law in Southern Africa (WLSA) Zimbabwe has been actively advocating for reproductive rights, particularly safe and legal abortion. WLSA, together with other CSO’s who are under the Safe Abortion Coalition (SAC) developed a Termination of Pregnancy Model Law. WLSA and SAC intends to present and introduce the model in Parliament as a Private Members’ Bill. The model law introduces a simplified process for conducting lawful abortion to ensure that this is performed within the recommended time. However, there is need to refine the model law to ensure that it can be presented as a Private Members’ Bill in Parliament.
As WLSA and the SAC are pushing for this model Bill, an immediate action needed is to clearly outline the TOP process to simplify it for the benefit of legal practitioners, Magistrates, Public Prosecutors, health workers, the police, and individuals who include guardians of minors, or curators who need access to termination of pregnancy services. It is against this background that WLSA intends to engage a consultant who will review the model TOP law and also develop a simplified guideline on accessing termination of pregnancy under the current TOP Act.
2. Objectives
The objectives of this consultancy are:
1. To review and strengthen the content and substance of the TOP Model Law developed by WLSA and SAC and give a physical presentation of not more than 1 hour on the 12th of February 2025.
2. To simplify sections 5-8 of the TOP Act [Chapter 15:10] which are on the termination of pregnancy process and develop a summarized guideline on the process for use by Magistrates, legal practitioners, public prosecutors, health workers, police officers, and individuals who include guardians of minors, or curators who need access to termination of pregnancy services.
Duties and Responsibilities
3. Key Responsibilities
3.1 Review of the Current Model Law
o Conduct an in-depth review of the TOP model law, focusing on content, legal provisions, wording and legal meaning and effect of the drafted model.
o Recommend revisions to align the law with human rights standards, the Maputo Protocol, and reproductive justice principles.
3.2 Development of the Termination of Pregnancy Guideline
Develop a simplified guideline for:
i. Magistrates,
ii. legal practitioners,
iii. Public Prosecutors,
iv. Police officers
v. Health workers,
vi. Individuals seeking termination of pregnancy according to the Act,
vii. Guardians of minor children seeking termination of pregnancy according to the Act,
viii. Curator bonis for mentally ill persons seeking for termination of pregnancy according to the Act, and
ix. Any other stakeholders involved in the TOP process.
4 Reporting and Final Deliverables
4.1 Submit a detailed report on the review of the TOP Model Law, including a 1 -hour presentation on the 12th of February 2025.
4.2 Deliver the final Termination of Pregnancy Guideline for dissemination to key stakeholders by the 28th of February 2025.
Qualifications and Experience
4. Qualifications and Experience
• Educational Qualifications:
o A law degree (LLB) required. A postgraduate qualification in human rights or a related field is an advantage.
• Experience:
o At least 15 years of experience in legal research or advocacy on women’s rights, specifically in sexual and reproductive health and rights.
o Proven experience in reproductive justice or abortion law issues, with a background in criminal litigation.
o Familiarity with Zimbabwe’s abortion laws and regional legal frameworks (e.g., Maputo Protocol).
• Skills and Competencies:
o Excellent analytical and writing skills, with the ability to produce clear and accessible reports.
o Ability to work independently and manage deadlines effectively.
o Strong interpersonal skills for engaging with diverse stakeholders.
How to Apply
5. Contract Terms
• Payment Structure: Payment will be based on agreed milestones and deliverables.
• Travel: Travel and accommodation will be covered by WLSA as per organizational policy.
• Confidentiality: The consultant must maintain confidentiality regarding sensitive data and findings throughout the assignment.
Application Process
Interested candidates should submit their CV, a cover letter, and an outline of their approach, including a proposed work plan and timeline. Applications must be sent to director@wlsazim.co.zw by [20 February 2025].
