Committee on the Rights of the Child: Malawi

Session 074 (2017)

(3 February 2017, CRC/C/MWI/CO/3-5, Concluding observations on third/fifth report, Advance unedited version, para. 19)

“In the light of its general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, the Committee urges the State party to:

(a) Review the Constitution and legislation to include an express prohibition of corporal punishment in non-State settings, including at home and in all alternative care and day care settings;

(b) Strengthen its awareness-raising programmes, including campaigns among parents and relevant professional groups, to promote positive, non-violent and participatory forms of child-rearing and discipline;

(c) Enlist the assistance of community, cultural and traditional leaders for these purposes.”

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Session 050 (2009)

(27 March 2009, CRC/C/MWI/CO/2, Concluding observations on second report, paras. 38 and 39)

"The Committee welcomes the information that the Penal Code Amendment Bill as well as the Child (Care, Protection and Justice) Bill will explicitly abolish corporal punishment. While the Committee notes that the Ministry of Education and Vocational Training has attempted to enforce its ban on corporal punishment by authorizing District Education Managers in all districts to monitor corporal punishment in schools, enforcement still proves difficult.

"The Committee urges the State party to expedite the adoption of the Penal Code amendment and the Child (Care, Protection and Justice) Bill and explicitly prohibit by law corporal punishment in all settings, including in the family, schools, institutional settings, and implement those laws effectively. It also recommends that the State party intensify its awareness-raising campaigns in order to promote the use of alternative forms of discipline in a manner consistent with the child’s human dignity and in accordance with the Convention, especially article 28, paragraph 2, taking into account the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment."

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Session 029 (2002)

(1 February 2002, CRC/C/15/Add.174, Concluding observations on initial report, paras. 33 and 34)

"The Committee welcomes that section 19 of the Constitution provides that ‘No person shall be subject to corporal punishment in connexion with any judicial proceedings or in any other proceedings before any organ of the State’. While noting that the Head of State made a statement on radio against corporal punishment within the family and that corporal punishment is banned at schools, it remains concerned that corporal punishment is still widely accepted and practiced at schools, within the family, and in the justice system. The Committee is further concerned that some legal Acts contain provisions which allow corporal punishment.

"The Committee recommends that the State party take legislative measures, including amendment to existing Acts which violate the Constitution, to prohibit all forms of physical and mental violence, including corporal punishment within the juvenile justice system, schools and care institutions as well as within the family. The Committee also recommends that the State party monitor the ban of corporal punishment in schools. The Committee encourages the State party to reinforce its public awareness campaigns, including among community leaders to teach on the harmful effects of corporal punishment and to promote positive, participatory, non-violent forms of discipline as an alternative to corporal punishment at all levels of society."

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