Constitution of the Republic of Malawi 1994, as amended to 2020
Obligations of the State
  • English
    1. This Constitution is founded upon the following underlying principles—

    d. the inherent dignity and worth of each human being requires that the State and all persons shall recognize and protect human rights and afford the fullest protection to the rights and views of all individuals, groups and minorities whether or not they are entitled to vote;
    … (Sec. 12)
Obligations of the State
  • English
    1. The human rights and freedoms enshrined in this Chapter3 shall be respected and upheld by the executive, legislature, judiciary and all organs of the Government and its agencies and, where applicable to them, by all natural and legal persons in Malawi and shall be enforceable in the manner prescribed in this Chapter.
    2. Any person or group of persons, natural or legal, with sufficient interest in the promotion, protection and enforcement of rights under this Chapter shall be entitled to the assistance of the courts, the Ombudsman, the Human Rights Commission and other organs of the Government to ensure the promotion, protection and enforcement of those rights and the redress of any grievances in respect of those rights. (Sec. 15)
Obligations of the State
  • English
    1. Save in so far as it may be authorized to do so by this Constitution, the National Assembly or any subordinate legislative authority shall not make any law, and the executive and the agencies of Government shall not take any action, which abolishes or abridges the rights and freedoms enshrined in this Chapter, and any law or action in contravention thereof shall, to the extent of the contravention, be invalid.
    … (Sec. 46)
Obligations of the State
  • English

    2. Notwithstanding subsection (1), Parliament shall not have the power to delegate any legislative powers which would substantially and significantly affect the fundamental rights and freedoms recognized by this Constitution. (Sec. 58)
Links to all sites last visited 8 November 2023
2
Chapter III on Fundamental Principles; Chapter IV on Human Rights.
3
Chapter IV on Human Rights.
4
Chapter IV on Human Rights.
5
Chapter III on Fundamental Principles; Chapter IV on Human Rights.
6
Chapter IV on Human Rights.
7
Chapter IV on Human Rights.
8
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.