Constitution of the Republic of Malawi 1994, as amended to 2020
Equality and Non-Discrimination
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    This Constitution shall bind all executive, legislative and judicial organs of the State at all levels of Government and all the peoples of Malawi are entitled to the equal protection of this Constitution, and laws made under it. (Sec. 4)
Equality and Non-Discrimination
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    1. This Constitution is founded upon the following underlying principles—

    e. as all persons have equal status before the law, the only justifiable limitations to lawful rights are those necessary to ensure peaceful human interaction in an open and democratic society;

    2. Every individual shall have duties towards other individuals, his or her family and society, the State and other legally recognized communities and the international community and these duties shall include the duty to respect his or her fellow beings without discrimination and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance; … (Sec. 12)
Equality and Non-Discrimination
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    The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals—
    a. Gender Equality
    To obtain gender equality through—
    i. full participation of women in all spheres of Malawian society on the basis of equal opportunities with men;
    ii. the implementation of the principles of nondiscrimination and such other measures as may be required; and
    iii. the implementation of policies to address social issues such as domestic violence, security of the person, lack of maternity benefits, economic exploitation and rights to property.
    … (Sec. 13)
Equality and Non-Discrimination
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    1. Discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition.
    2. Legislation may be passed addressing inequalities in society and prohibiting discriminatory practices and the propagation of such practices and may render such practices criminally punishable by the courts. (Sec. 20)
Equality and Non-Discrimination
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    1. Women have the right to full and equal protection by the law, and have the right not to be discriminated against on the basis of their gender or marital status which includes the right—
    a. to be accorded the same rights as men in civil law, including equal capacity—
    i. to enter into contracts;
    ii. to acquire and maintain rights in property, independently or in association with others, regardless of their marital status;
    iii. to acquire and retain custody, guardianship and care of children and to have an equal right in the making of decisions that affect their upbringing; and
    iv. to acquire and retain citizenship and nationality.
    b. on the dissolution of marriage, howsoever entered into—
    i. to a fair disposition of property that is held jointly with a husband; and
    ii. to fair maintenance, taking into consideration all the circumstances and, in particular, the means of the former husband and the needs of any children.
    2. Any law that discriminates against women on the basis of gender or marital status shall be invalid and legislation shall be passed to eliminate customs and practices that discriminate against women, particularly practices such as—
    a. sexual abuse, harassment and violence;
    b. discrimination in work, business and public affairs; and
    c. deprivation of property, including property obtained by inheritance. (Sec. 24)
Equality and Non-Discrimination
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    2. The State shall take all necessary measures for the realization of the right to development. Such measures shall include, amongst other things, equality of opportunity for all … (Sec. 30)
Links to all sites last visited 8 November 2023
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Chapter III on Fundamental Principles; Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter III on Fundamental Principles; Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter IV on Human Rights.
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Chapter III on Fundamental Principles; Chapter IV on Human Rights.
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Chapter IV on Human Rights.