Adolescent Reproductive Health, including HIV/AIDS

One of the 5 key policies at the centre of the proposed health sector reforms is the introduction of an Essential Health Care Package, which includes HIV/AIDS prevention, and provision of reproductive health services. Furthermore, the 1990 National Family Welfare Council Act stipulates that the Council will, among other things , advise the Government on policies relating to family welfare and implement such policies either directly or through other organizations and agencies and promote optimum standards of contraceptive care by ensuring adequate and appropriate supply and wide distribution. The national HIV/AIDS Strategic Framework and Agenda for Action have given young people a major focus of attention, particularly in the provision of life skills and Sexual and Reproductive Health education to reduce the vulnerability of adolescents to HIV infection. The Malawi National HIV/AIDS Policy (July 2003) promotes the provision of youth friendly Voluntary Counselling and Testing (VCT) services that are accessible, attractive and appropriate for young men and women. Adolescents aged 13 and above are entitled to access VCT without the consent of a guardian or other adult.

The National Youth Policy is currently under review, and will most likely address many adolescent reproductive health issues, and HIV/AIDS.

Girl’s Education

The Constitution provides that as a principle of national policy, adequate resources will be provided to the education sector. Key national education goals include: offering free primary education to all school age children, both girls and boys; reducing adult illiteracy from 50% in 1990 to 30% in 2000; and attaining gender parity. However, Malawi has no law that makes primary and secondary school attendance mandatory for both sexes, though primary education is free. The Girls' Attainment of Basic Literacy and Education (GABLE) Programme was instrumental in reducing the enrolment gap between boys and girls. It also contributed towards the introduction of a policy allowing the re-admission of girls who drop out of school because of pregnancy. The Malawi National HIV/AIDS Policy (July 2003) encourages the integration of age-appropriate, sound adolescent sexual and reproductive education, including HIV/AIDS into the school curricula. It also allows for the introduction of life skills and peer education into the school curriculum and ensures that similar reproductive and sexual health education is made accessible to youth out-of-school to protect them from HIV and other STIs.

Labour and Employment

Child labour remains an important issue, particularly for those aged 10-14 working mainly on tea and tobacco estates. The law in Malawi defines a “child” as a person under the age of 16 and the law prohibits the employment of persons less than 14 years of age. It also prohibits the employment of children less than 18 years of age in work that was hazardous, harmful, or interferes with their education. Although, the age of sexual consent is 14, there is no age specified for the protection of minors from sexual exploitation, child prostitution or child pornography.

Gender Issues

The 2000 National Gender Policy seeks to ensure that decision-making, development planning and implementation mainstream women’s’ needs. The policy also highlights the need to combat all forms of Violence Against Women and the Government’s commitment to curbing violence.

Furthermore, under the Constitution, women have the right to full and equal protection by law and may not be discriminated against on the basis of gender or marital status; however, in practice discrimination against women is pervasive, and women do not have opportunities equal to those available to men. There is no specific law that bans the practice of Female Genital Cutting.

The Penal Code contains several provisions relating to prostitution and indecency that could be used to prosecute traffickers. In October 2001, a bill was introduced in the National Assembly that proposed 14-year sentences for anyone convicted of promoting, managing, or transporting any person into or out of the country with the purpose of engaging that person in prostitution. The National Assembly deferred the bill during the October session for further review.

However, there is no specific law that defines sexual and other crimes against minors and adolescents.

International Conventions

Malawi has ratified both the Convention on the Elimination of all forms of Discrimination Against Women, and the Convention on the Rights of the Child.

Age at First Marriage

The minimum age of marriage is 18 years for all persons. The Constitution further requires that persons between the age of 15 and 18 years should only marry with the consent of parents or guardians..