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HON. JESSIE KABWILA PH.D. CHAIR, WOMEN’S CAUCUS, MALAWI, AND A MEMBER OF THE HUMAN AND SOCIAL DEVELOPMENT AND SPECIAL PROGRAMMES AT THE SADC PF SADC REGIONAL.

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Presentation on theme: "HON. JESSIE KABWILA PH.D. CHAIR, WOMEN’S CAUCUS, MALAWI, AND A MEMBER OF THE HUMAN AND SOCIAL DEVELOPMENT AND SPECIAL PROGRAMMES AT THE SADC PF SADC REGIONAL."— Presentation transcript:

1 HON. JESSIE KABWILA PH.D. CHAIR, WOMEN’S CAUCUS, MALAWI, AND A MEMBER OF THE HUMAN AND SOCIAL DEVELOPMENT AND SPECIAL PROGRAMMES AT THE SADC PF SADC REGIONAL PARLIAMENTARY DIALOGUE ON CHILD MARRIAGE LAWS 3-4 FEBRUARY, HILTON, JOHANNESBURG

2  THE WOMEN’S CAUCUS HOSTING MARRIAGE, DIVORCE AND FAMILY RELATIONS BILL  CIRCULATED YESTERDAY  FIRST LOBBY SESSION LAST WEEK  CONSTITUTION  PENAL CODE  LANGUAGE

3  HURDLES - THE MARRIAGE INSTITUTION POLYGAMY, DIVORCE, HARMONISATION OF MARRIAGE  CONSTITUTION AMMENDMENT  LOBBYING ABILITY, EXTREMELY DEFICIANT  CAPACITY  DISJOINTED, EVENT RATHER THAN PROCESS ADVOCACY, LOBBYING STRATEGY

4  POLITICAL WILL ON AGE OF MARRIAGE  MULTIPARTY VOICE  STRONG WOMEN’S CAUCUS VOICE  EVIDENCE OF NEGATIVES OF CHILD MARRIAGE  WILLINGNESS TO WORK FOR IT TO BE PASSED

5  Commission recommends age of 18 years to enter a valid marriage at law so age of marriage is 16 years  Section 23 (6) of the Constitution defines child as a person under 16 years of age.  Section 22 of the Constitution provides for family and marriage. The provision states  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

6  The state shall actively discourage marriage between persons where either of them is under the age of fifteen years.  Section 22(7) of the Constitution allows persons between 15 and 18 years to marry as long as they have the consent of their parents or guardians. Person between the age of 15 and 18 years are children. Hence, allowing marriage of such person with the consent of their parents or guardians is retrogressive.

7  There is medical and socio-economic proof of dangers of persons marrying under age of 18  Constitution does not seek to promote marriage below 18  The framers do not want that  State to develop constitutional amendment bill that deletes subsections 7 and 8 of sections 22 and 23  Amend age of marriage at 18 years, supreme law is Constitution

8  Nyasa times, News, calling for it  Malawi needs to comply with CEDAW,  Complement the polity position by Malawi under the Millennium Development Goals as member of international commun8ity of nations  SADC Gender Protocol on Development  Human Rights  Do what is right


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