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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.
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)
Employment Rights and Protection
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—
…
b. discrimination in work, business and public affairs;
… (Sec. 24)
Employment Rights and Protection
Malawi, English
Every person shall have the right freely to engage in economic activity, to work and to pursue a livelihood anywhere in Malawi. (Sec. 29)
Employment Rights and Protection
Malawi, English
1. Every person shall have the right to fair and safe labour practices and to fair remuneration.
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3. Every person shall be entitled to fair wages and equal remuneration for work of equal value without distinction or discrimination of any kind, in particular on basis of gender, disability or race.
… (Sec. 31)
Marriage and Family Life
Malawi, English
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)
Marriage and Family Life
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—
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.
…
i. The Family
To recognize and protect the family as a fundamental and vital social unit.
… (Sec. 13)
Marriage and Family Life
Malawi, English
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.
…
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, 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—
…
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)
Jurisdiction and Access
Malawi, English
1. Appropriate principles of interpretation of this Constitution shall be developed and employed by the courts to reflect the unique character and supreme status of this Constitution.
2. In interpreting the provisions of this Constitution a court of law shall—
a. promote the values which underlie an open and democratic society;
b. take full account of the provisions of Chapter III and Chapter IV2; and
c. where applicable, have regard to current norms of public international law and comparable foreign case law.
3. Where a court of law declares an act of executive or a law to be invalid, that court may apply such interpretation of that act or law as is consistent with this Constitution.
4. Any law that ousts or purports to oust the jurisdiction of the courts to entertain matters pertaining to this Constitution shall be invalid. (Sec. 11)