Countries: Malawi
Variables: AOM-DATA-2

“In Malawi, an estimated 38% of girls are married before reaching 18 years of age, and 7% are married before their 15th birthday. Before 2017, Section 22 of the Constitution allowed marriage of children between the ages of 15 and 18 with the consent of parents and guardians. In 2017, two years after adopting the Constitutional Amendment Act, Parliament amended the Constitution to make 18 the absolute minimum age of marriage without exceptions. In Thandi’s case, while she was married after the reform, child marriage continued to be a practice despite the law prohibiting it. The government needs to be vigilant in enforcing these laws, with community awareness being a...more

Countries: Malawi
Variables: ATC-DATA-1

“1 March 1987” (59).

Countries: Malawi
Variables: ATC-DATA-5

“African Charter 17 November 1989 and Maputo Protocol 20 May 2005” (59).

Countries: Malawi
Variables: CLCW-PRACTICE-1, CUST-LAW-1, IAD-PRACTICE-1

“Section 24 of the Constitution is dedicated to the rights of women and provides for, among other things: ► Full and equal protection by the law; ► The right not to be discriminated against on the basis of their gender or marital status; ► The right to be accorded the same rights as men in civil law, including equal capacity to enter into contracts; to acquire and maintain rights in property, 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; ► To acquire and retain citizenship and nationality; ► Women are also entitled to...more

Countries: Malawi
Variables: DTCP-LAW-1

“Malawi offers a good example for addressing legal pluralism. The Marriage, Divorce and Family Relations Act 2015 consolidated previously fragmented legal regimes and advanced progressive legal reform. The Act recognises and regulates civil marriages, customary marriages, religious marriages, and marriage by reputation or permanent cohabitation, granting all unions equal legal status. The recognition of marriage by reputation or permanent cohabitation is of special import, and will protect many vulnerable women who do not have the protection of a formally concluded marriage” (8). “Countries like Angola, Malawi, and Mozambique protect women the most since they recognise marriage by reputation, cohabitation, or de facto marriages, in addition to customary and religious marriages....more

Countries: Malawi
Variables: LDS-LAW-1, DV-PRACTICE-2

“I didn’t know the law could protect me against child marriage as I was not aware of the legal instruments available. I have since learned that child marriage is illegal after I encountered a lady working for a community-based organisation who informed me about the criminalisation of child marriage in Malawi. She also encouraged me to be a voice for change and to educate our community about the dangers of child marriage. I firmly believe that everyone in Malawi, including children, should know the risks and consequences of such practices” (62). Women in Malawi were unaware of the laws, so they were unable to report anything (IBH-CODER COMMENT).more

Countries: Malawi
Variables: LO-LAW-1, IAW-PRACTICE-1

“However, legal reforms have sought to address these disparities by recognising and protecting women’s rights to matrimonial property. Matrimonial property laws in Africa have undergone significant developments in recent years, aiming to promote gender equality and protect women's rights within marital relationships. These laws address the distribution of property and assets acquired during marriage, acknowledging women’s contributions to the family and economic well-being. Many countries now have legal provisions calling for equitable distribution of matrimonial property that take into account direct and indirect contributions such as in Côte d’Ivoire, Kenya, Malawi and South Africa. In Cameroon, case law has established that both spouses have equal matrimonial property ownership rights. Such...more

Countries: Malawi
Variables: MARR-LAW-5

“Malawi offers a good example for addressing legal pluralism. The Marriage, Divorce and Family Relations Act 2015 consolidated previously fragmented legal regimes and advanced progressive legal reform. The Act recognises and regulates civil marriages, customary marriages, religious marriages, and marriage by reputation or permanent cohabitation, granting all unions equal legal status. The recognition of marriage by reputation or permanent cohabitation is of special import, and will protect many vulnerable women who do not have the protection of a formally concluded marriage” (8). “Countries like Angola, Malawi, and Mozambique protect women the most since they recognise marriage by reputation, cohabitation, or de facto marriages, in addition to customary and religious marriages....more

Countries: Malawi
Variables: MARR-LAW-1

“Since the Maputo Protocol, that clearly prohibits marriage under the age of 18, was adopted, many of the countries studied have engaged in law reforms. Some of them, such as Côte d’Ivoire, Democratic Republic of Congo, Egypt, Kenya, Malawi, Mozambique and The Gambia have an absolute ban on marriage under the age of 18. Despite the legal ban, child marriage is still prevalent in some of these countries and more needs to be done to sensitise communities on the law and the dangers of child marriage; and to address the root causes of child marriage” (9).

Countries: Malawi
Variables: LRCM-LAW-2

“(ii) Marital rape: Another key gap in Malawi’s laws relates to marital rape, which is not unequivocally outlawed. Malawi’s Penal Code defines rape as unlawful carnal knowledge with a woman or girl without her consent, however, courts have held that this does not extend to marriage: “The question has been raised whether a wife can lawfully refuse intercourse at any time, that is to say, irrespective of custom and place, etc. in this connection, it would seem reasonable for a respectable wife to refuse her husband, e.g., in a public place in front of other people. But in a normal way, I doubt whether she can do so... It has...more

Countries: Malawi
Variables: IMSTD-PRACTICE-1

“(ii) Marital rape: Another key gap in Malawi’s laws relates to marital rape, which is not unequivocally outlawed. Malawi’s Penal Code defines rape as unlawful carnal knowledge with a woman or girl without her consent, however, courts have held that this does not extend to marriage: “The question has been raised whether a wife can lawfully refuse intercourse at any time, that is to say, irrespective of custom and place, etc. in this connection, it would seem reasonable for a respectable wife to refuse her husband, e.g., in a public place in front of other people. But in a normal way, I doubt whether she can do so... It has...more

Countries: Malawi
Variables: IAW-LAW-1

“However, legal reforms have sought to address these disparities by recognising and protecting women’s rights to matrimonial property. Matrimonial property laws in Africa have undergone significant developments in recent years, aiming to promote gender equality and protect women's rights within marital relationships. These laws address the distribution of property and assets acquired during marriage, acknowledging women’s contributions to the family and economic well-being. Many countries now have legal provisions calling for equitable distribution of matrimonial property that take into account direct and indirect contributions such as in Côte d’Ivoire, Kenya, Malawi and South Africa. In Cameroon, case law has established that both spouses have equal matrimonial property ownership rights. Such...more

Countries: Afghanistan, Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belgium, Belize, Benin, Bhutan, Bosnia-Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Burkina Faso, Burma/Myanmar, Burundi, Cambodia, Canada, Cape Verde, Central African Rep, Chad, Chile, China, Colombia, Comoros, Congo, Costa Rica, Cote D'Ivoire, Croatia, Cuba, Cyprus, Czech Republic, D R Congo, Denmark, Djibouti, East Timor, Ecuador, Egypt, El Salvador, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India, Indonesia, Iran, Ireland, Israel, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kenya, Kosovo, Kyrgyzstan, Laos, Latvia, Lebanon, Lesotho, Liberia, Lithuania, Luxembourg, Macedonia, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Moldova, Mongolia, Montenegro, Morocco, Mozambique, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Niger, Nigeria, North Korea, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Poland, Portugal, Qatar, Romania, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Singapore, Slovakia, Slovenia, Solomon Islands, Somalia, South Africa, South Korea, South Sudan, Spain, Sri Lanka, Sudan, Suriname, Swaziland, Sweden, Switzerland, Taiwan, Tanzania, Togo, Trinidad/Tobago, Tunisia, Turkey, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Uzbekistan, Vanuatu, Vietnam, Yemen, Zambia, Zimbabwe
Variables: LRW-LAW-4

Given the following documentation, there is no exoneration in the law allowing an individual accused of rape to have their criminal charges dismissed or overturned by subsequently marrying the victim. However, it should be noted that this only accounts for the legal framework and now what societal pressures may be in practice (ERD - CODER COMMENT).more

Countries: Afghanistan, Angola, Argentina, Bahrain, Bangladesh, Barbados, Bolivia, Botswana, Burundi, Cameroon, Costa Rica, D R Congo, East Timor, Egypt, Equatorial Guinea, Fiji, Finland, Gabon, Gambia, Guinea, Guyana, Hungary, Kuwait, Lebanon, Liberia, Malawi, Mali, Morocco, Nepal, Palestine, Papua New Guinea, Romania, Rwanda, Saudi Arabia, Sierra Leone, Solomon Islands, South Sudan, Sudan, Tanzania, Turkey, Uganda, Vanuatu, Yemen, Zambia, Zimbabwe
Variables: DV-SCALE-1

4

Countries: Algeria, Argentina, Burma/Myanmar, Cameroon, Central African Rep, Chad, Chile, Congo, D R Congo, Djibouti, Egypt, Equatorial Guinea, Gambia, Georgia, Ghana, Guatemala, Guinea, Guinea-Bissau, Haiti, Iran, Israel, Liberia, Madagascar, Malawi, Mauritania, Morocco, Mozambique, Nepal, Niger, Pakistan, Palestine, Papua New Guinea, Philippines, Qatar, Russia, Rwanda, Saudi Arabia, Sierra Leone, Singapore, Somalia, South Sudan, Sri Lanka, Syria, Taiwan, Tunisia, Uganda, United Arab Emirates, Vanuatu, Yemen
Variables: LO-SCALE-2

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