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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.

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About 93 results

Public Institutions and Services

Malawi, English

1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
... (Sec. 22)

Public Institutions and Services

Malawi, English

1. All persons and peoples have a right to development and therefore to the enjoyment of economic, social, cultural and political development and women, children and persons with disabilities in particular shall be given special consideration in the application of this right.
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 in their access to basic resources, education, health services, food, shelter, employment and infrastructure.
3. The State shall take measures to introduce reforms aimed at eradicating social injustices and inequalities.
4. The State has a responsibility to respect the right to development and to justify its policies in accordance with this responsibility. (Sec. 30)

Citizenship and Nationality

Malawi, English

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—

iv. to acquire and retain citizenship and nationality.
… (Sec. 24)

Citizenship and Nationality

Malawi, English

1. Every person who, immediately before the appointed day, was a citizen of Malawi under any existing law shall continue to be a citizen of Malawi after the appointed day.
2. An Act of Parliament may make provision for the acquisition or loss of citizenship of Malawi by any person after the appointed day, but citizenship shall not be arbitrarily denied or deprived.
3. In this section, the expression—
a. “acquisition of citizenship” includes acquisition by birth, descent, marriage, registration, naturalization or any other means prescribed by an Act of Parliament; and
b. “loss of citizenship” includes loss by deprivation, renunciation or any other means prescribed by an Act of Parliament. (Sec. 47)

Education

Malawi, English

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—

f. Education
To provide adequate resources to the education sector and devise programmes in order to—
i. eliminate illiteracy in Malawi;
ii. make primary education compulsory and free to all citizens of Malawi;
iii. offer greater access to higher learning and continuing education;
… (Sec. 13)

Education

Malawi, English

1. All persons are entitled to education.
2. Primary education shall consist of at least five years of education.
… (Sec. 25)

Customary Law

Malawi, English

...
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.
… (Sec. 22)

Customary Law

Malawi, English

...
3. Parliament may make provision for traditional or local courts presided over by lay persons or chiefs:
Provided that the jurisdiction of such courts shall be limited exclusively to civil cases at customary law and such minor common law and statutory offences as prescribed by an Act of Parliament.
4. Appeals from subordinate courts shall lie to the High Court, unless provided in this Constitution or by an Act of Parliament. (Sec. 110)

Customary Law

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—
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)

Customary Law

Malawi, English

1. In the interpretation of all laws and in the resolution of political disputes the provisions of this Constitution shall be regarded as the supreme arbiter and ultimate source of authority.
2. In the application and formulation of any Act of Parliament and in the application and development of the common law and customary law, the relevant organs of State shall have due regard to the principles and provisions of this Constitution. (Sec. 10)