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1. All children, regardless of the circumstances of their birth, are entitled to equal treatment before the law, and the best interests and welfare of children shall be a primary consideration in all decisions affecting them.
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3. Children have the right to know, and to be raised by, their parents.
4. All children shall be entitled to reasonable maintenance from their parents, whether such parents are married, unmarried or divorced, and from their guardians; and, in addition, all children, and particularly orphans, children with disabilities and other children in situations of disadvantage shall be entitled to live in safety and security and, where appropriate, to State assistance.
… (Sec. 23)

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
2. Each member of the family shall enjoy full and equal respect and shall be protected by law against all forms of neglect, cruelty or exploitation.
3. All men and women have the right to marry and found a family.
4. No person shall be forced to enter into marriage.
5. Subsections (3) and (4) shall apply to all marriages at law, custom and marriages by repute or by permanent cohabitation.
6. No person over the age of eighteen years shall be prevented from entering into marriage.
7. [Repealed by Act No. 17 of 2015]
8. [Repealed by Act No. 17 of 2015]. (Sec. 22)

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—
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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.
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i. The Family
To recognize and protect the family as a fundamental and vital social unit.
… (Sec. 13)

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—
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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;
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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.
… (Sec. 24)