Malawi's Constitution

CHAPTER III
FUNDAMENTAL PRINCIPLES

Constitutional principles

12. This Constitution is founded upon the following underlying principles--
To encourage and promote conditions conducive to the full development of healthy, productive and responsible members of society.
(i) The Family
To recognize and protect the family as a fundamental and vital social unit.

CHAPTER IV
HUMAN RIGHTS

Family and marriage

22.--(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) Sub-sections (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) For persons between the age of fifteen and eighteen years a marriage shall only be entered into with the consent of their parents or guardians.
(8) The State shall actually discourage marriage between persons where either of them is under the age of fifteen years.

Rights of children

23.--(1) All children, regardless of the circumstances of their birth, are entitled to equal treatment before the law.
(2) All children shall have the right to a given name and a family name and the right to a nationality.
(3) Children have the right to know, and to be raised by, their parents.
(4) Children are entitled to be protected from economic exploitation or any treatment, work or punishment that is, or is likely to--
(a) be hazardous;
(b) interfere with their education; or
(c) be harmful to their health or to their physical, mental or spiritual or social development.

42.--(1) Every person who is detained, including every sentenced prisoner, shall have the right--

(g) in addition, if that person is a child, to treatment consistent with the special needs of children, which shall include the right--
(i) not to be sentenced to life imprisonment without possibility of release;
(ii) to be imprisoned only as a last resort and for the shortest period of time;
(iii) to be separated from adults when imprisoned, unless it is considered to be in his or her best interest not to do so, and to maintain contact with his or her family through correspondence and visits;

(6) Where a person is detained under a state of emergency such detention shall be subject to the following conditions--
(a) an adult family member or friend of the detainee shall be notified of the detention as soon as is reasonably possible and in any case not later than forty-eight hours of detention;

(5) For purposes of this section, children shall be persons under sixteen years of age.

Rights of women

24.--(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--
(i) to enter into contracts;
(ii) to acquire and maintain rights in property, independently or in association with others, regardless of their marital status;
(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; and
(iv) to acquire and retain citizenship and nationality.
(b) on the dissolution of marriage--
(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.