Malawi Constitution 1994, as amended 1998

Published: 18/May/1994

Act No. 20 of 1994, amended by Acts 31 of 1994, 6 of 1995, 7 of 1995, 1 of 1997, and 38 of 1998.

Article 23 provides:

Rights of Children

1.    All children, regardless of the circumstances of their birth, are entitled to equal treatment before the law.
2.    All children shall have the right to a given name and a family name and the right to a nationality.
3.    Children have the right to know, and to be raised by, their parents.
4.    Children are entitled to be protected from economic exploitation or any treatment, work or punishment that is, or is likely to –
a.    be hazardous;
b.    interfere with their education; or
c.    be harmful to their health or to their physical, mental or spiritual or social development.
5.    For purposes of this section, children shall be persons under sixteen years of age.

Article 47 provides:

Citizenship

1.    Every person who, immediately before the appointed day, was a citizen of Malawi under any existing law shall continue to be a citizen of Malawi after the appointed day.
2.    An Act of Parliament may make provision for the acquisition or loss of citizenship of Malawi by any person after the appointed day, but citizenship shall not be arbitrarily denied or deprived.
3.    In this section, the expression –
a.    “acquisition of citizenship” includes acquisition by birth, descent, marriage, registration, naturalisation or any other means prescribed by an Act of Parliament; and
b.    “loss of citizenship” includes loss by deprivation, renunciation or any other means prescribed by an Act of Parliament.

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Themes: Acquisition of nationality, Loss and Deprivation of Nationality
Regions: Malawi
Year: 1994