Constitutional Guarantees
of the right to education
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Date of adoption/date of entry into force - 18 May 1994
Relevant Provisions
(…)
Chapter III - Fundamental principles
(…)
Art.13
The State shall actively promote the welfare and development of the people of Malawi by progressively adopting and implementing policies and legislation aimed at achieving the following goals:
(f) Education: To provide adequate resources to the education sector and devise programs in order to:
(i) Eliminate illiteracy in Malawi,
(ii) Make primary education compulsory and free to all citizens of Malawi,
(iii) Offer greater access to higher learning and continuing education, and
(iv) Promote national goals such as unity and the elimination of political, religious, racial and ethnic
intolerance
(…)
Chapter IV - Human rights
(…)
Art.23
(4) Children are entitled to be protected from economic exploitation or any treatment, work or punishment that is, or is likely to:
(b) Interfere with their education.
Art.25
(1) All persons are entitled to education.
(2) Primary education shall consist of at least 5 years of education.
(3) Private schools and other private institutions of higher learning shall be permissible provided that:
(a) Such schools and institutions are registered with a State department, in accordance with the law,
(b) The standards maintained by such schools or institutions are not inferior to official standards in State schools.
Art.30
(2) The State shall take all necessary measures for the realization of the right to development. Such measures shall include, amongst other things, equality of opportunity for all in their access to basic resources, education, health services, food, (…).
Art.33
Every person has the right to freedom of conscience, religion, belief and thought, and to academic freedom
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