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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. Experience its wealth and depth of information by starting your search now.

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About 88 results

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

Except in so far as they are inconsistent with this Constitution, all Acts of Parliament, common law and customary law in force on the appointed day shall continue to have force of law, as if they had been made in accordance with and in pursuance of this Constitution:
Provided that any laws currently in force may be amended or repealed by an Act of Parliament or be declared unconstitutional by a competent court. (Sec. 200)

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

(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)

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)

Jurisdiction and Access

Malawi, English

The Law Commission shall have the powers— (a) to review and make recommendations regarding any matter pertaining to the laws of Malawi and their conformity with this Constitution and applicable international law; (b) to review and make recommendations regarding any matter pertaining to this Constitution; (c) to receive any submissions from any person or body regarding the laws of Malawi or this Constitution; and (d) to report its findings and recommendations to the Minister for the time being responsible for Justice who shall publish any such report and lay it before Parliament. (Sec. 135)

Jurisdiction and Access

Malawi, English

(2) The High Court shall have original jurisdiction to review any law, and any action or decision of the Government, for conformity with this Constitution, save as otherwise provided by this Constitution and shall have such other jurisdiction and powers as may be conferred on it by this Constitution or any other law. (Sec. 108)

Limitations and/or Derogations

Malawi, 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)