Eye of the Child (EyC) and the Institute for Human Rights and Development in Africa (IHRDA), has organise a “National Consultative Workshop on the legal difinition of the Child in Malawi” to be held on Tuesday, 13th May 2014 at Capital Hotelin Lilongwe starting from 08:30 am.
It is expected that the workshop will achieve effective discussions on the legal definition of the Child in Malawi among key stakeholders and build an advocacy agenda for policy and law reform.
Background
Malawi is a party to African Charter on the Rights and Welfare of the Child and the Convention on the Rights of the Child and other relevant international instruments. The Constitution of Malawi enshrines the rights of children corresponding to the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of the Child.
The African Charter on the Rights and Welfare of the Child (Article 2) and The Convention on the Rights of the Child (Article 1) prescribe that a child means every human being below the age of 18 years. Moreover, the Committee on the rights of the Child repeatedly urged Malawi to revise the definition of the Child under domestic law in accordance with Article 1 of the Convention.
However, the definition of children under the Constitution sec. 23(5) and the Child Care, Protection and Justice Act (2010) cuts a large category of children in Malawi who are between the ages of 16 and 18 years from the protections afforded to children under the Constitution, the African Charter on the Rights and Welfare of Children, the Convention on the Rights of the Child, and other relevant international instruments. Such definition not only merely contradicts international law but disturbingly deprives young Malawian children between the age of 16 and 18 years fundamental rights of children guaranteed under the Constitution and relevant international law.
There is evidence showing that persons suspected of being in conflict with the law aged between 16 and 18 years who are widely recognized as children for various purposes under international human rights law and practice are being tried through the adult criminal justice system in Malawi. The practice follows after the fairly recently enacted Child Care, Protection and Justice Act No. 22 of 2010 which defines a child as a person below the age of 16 years
For more information, please contact
Maxwell Matewere , Executive Director, Eye of the Child, Cell: 0999511311
Email: maxwell712000@yahoo.com / eyeofthechildheadofficemalwi@gmail.com
Meskerem Geset Techane
The Deputy Executive Director, Institute for Human Rights and Development in Africa
Email: Meskerem: mgeset@ihrda.org
