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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
ABOUT 93 RESULTS
Marriage and Family Life
Malawi
- English1. 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.
…
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)
Marriage and Family Life
Malawi
- English1. 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 [Repealed by Act No. 17 of 2015]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 [Repealed by Act No. 17 of 2015].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)
Marriage and Family Life
Malawi
- EnglishThe 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—
…
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)
Minorities
Malawi
- English1. This Constitution is founded upon the following underlying principles—
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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)
Participation in Public Life and Institutions
Malawi
- English...
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—
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b. discrimination in work, business and public affairs;
… (Sec. 24)
Participation in Public Life and Institutions
Malawi
- EnglishThe 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;
… (Sec. 13)
Property, Inheritance and Land Tenure
Malawi
- English1. Every person shall be able to acquire property alone or in association with others.
… (Sec. 28)
Property, Inheritance and Land Tenure
Malawi
- English1. 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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ii. to acquire and maintain rights in property, independently or in association with others, regardless of their marital status;
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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;
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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—
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c. deprivation of property, including property obtained by inheritance. (Sec. 24)
Property, Inheritance and Land Tenure
Malawi
- EnglishThe 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—
…
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)
Property, Inheritance and Land Tenure
Malawi
- English1. All persons who have rights in property at the date of the commencement of this Constitution shall continue to have such rights under this Constitution and any other law.
… (Sec. 209)