Gender Equality Act
- Commenced on 1 April 2014
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Gender Equality Act.
2. Scope of application
3. InterpretationIn this Act, unless the context otherwise requires—“appointing or recruiting authority” means a public office in whose power the decision to appoint or recruit any person lies;“educational institution” means a school, college, university or other institution at which education or training is provided;“harmful practice” means a social, cultural, or religious practice which, on account of sex, gender or marital status, does or is likely to—(a)undermine the dignity, health or liberty of any person; or(b)result in physical, sexual, emotional, or psychological harm to any person; and“public institution” means an institution that is part of the public service within the meaning of “public service” under the Public Service Act.[Cap. 1:03]
Part II – Sex discrimination
4. Prohibition of sex discrimination
5. Prohibition of harmful practices
6. Sexual harassment
7. Workplace policy for sexual harassment
Part III – Enforcement
8. Enforcement by the Human Rights CommissionThe Human Rights Commission, hereinafter called “the Commission”, shall be responsible for the enforcement of the provisions of this Act.
9. Powers of the Human Rights Commission in relation to gender equality
10. Duties of the Human Rights Commission in relation to gender equalityThe Commission may perform the following duties in the exercise of its powers in relation to this Act—
Part IV – Employment in the public service
11. Quotas in the public service
12. Compliance order
13. Transparency in recruitment in the public service
Part V – Education and training
14. Equality in access to education and training
15. Equal access to scholarships, etc.
16. Tertiary education institutionsThe Government shall take active measures to ensure the enrollment at tertiary education institutions of either sex to a minimum of forty per cent and a maximum of sixty per cent of students.
17. Exception for single sex establishmentsSections 15 and 16 shall not apply to equality in access to education, training, the grant of scholarships and bursaries where the educational institution admits students of one sex.
18. General duties in relation to curriculum
Part VI – Sexual and reproductive health rights
19. Right to sexual and reproductive health
20. Duties of health officers in respect to sexual and reproductive health
Part VII – Civic awareness
21. Civic awareness
Part VIII – Miscellaneous
22. Powers of the Chief Justice
History of this document
31 December 2014 this version
01 April 2014