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CHILD RIGHTS IN MALAWI
Examination by the UN Committee on the Rights of the Child of the InitialPeriodic Report of the State Party (Malawi) at its 50
th
session (12 - 30January 2009, Geneva)
 
On 13 January 2009, the UN Committee on the Rights of the Child considered the initialperiodic report of Malawi on the implementation of the Convention on the Rights of theChild.
SUMMARY OF THE COMMITTEE’S CONCLUDING OBSERVATIONS
Cooperation with civil societyThe Committee
 recommends
to the State party to exercise responsibilities under theconvention in cooperation with civil society instead of delegating these responsibilities tothem. Civil Society, including NGO’s should also be provided with adequate financial andother resources.Definition of the childThe Committee
urges
the State party to establish a definition of the child, in particular witha view to the unclear current legislation on minimum age for marriage. In this regard theCommittee also recommends carrying out awareness-raising campaigns involvingtraditional leaders to prevent the practice of early marriages.Family environment
The Committee
notes with concern
the difficulties encountered by a high number of families inmeeting their parental responsibilities due to extreme poverty and the precarious situation of single parent households, child headed households and grandparent headed households due to theimpact of HIV/AIDS. The Committee also notes the lack of protection of orphans’ inheritancerights, and the very limited services available in the State party to support these families.
The Committee
 recommends
to the state party
 
I.
 
Ensure that programmes reach children in families suffering from HIV/AIDS and/ orpoverty;
II.
 
Provide psychosocial and financial support to extended families that care for childrenwhose parents have died of AIDS;
III.
 
Ensure the protection of property of orphans and their inheritance rights and in thisregard enact the Deceased Estates (Wills, Inheritance and Protection) Bill.Violence, abuse and neglectThe Committee
urges
the State party to actively implement the Prevention of DomesticViolence Act and the National Strategy to Combat Gender Based Violence to:
-
 
end violence against children, which continues to take place in the home, inschools, in children’s shelters and in the streets
-
 
ensure that perpetrators are brought to justice.Health and health services
The Committee
remains concerned 
at the state of health of children in Malawi, including the veryhigh level of malnutrition. The Committee is also deeply concerned at the limited access, poorquality of health care facilities and critical shortage of health care personnel.
The Committee
 recommends
that the State party take appropriate measures and actions toensure:
-
 
that health care and relevant nutritional interventions are accessible andaffordable in order to reduce the very high level of malnutrition
-
 
that health care centers have adequate human, financial and material resources.HIV/AIDSIn the light of the very low coverage of antiretroviral treatment for the prevention of mother-to-child transmission and for children, the poor quality of the health care system aswell as the human capacity constraints of trained health care workers, the Committee
 recommends
to the State party:I.
 
Expand coverage of antiretroviral treatment and provide pre and post-natal care toHIV positive mothers;II.
 
Effectively implement the Emergency Human Resources Strategy to fill the vacanciesin the health care system;III.
 
Provide campaigns aimed at raising awareness on HIV/AIDS and human rightswithin the context of HIW/AID. Ensure access to age-appropriate HIV/AIDSeducation and information which target children and adolescents, inside and outsideschools. Continue activities aimed at reducing stigma and discrimination related toHIV/AIDS ;IV.
 
Provide social transfer schemes to low income households that include one or moreAIDS orphans;V.
 
Ensure a wide consultation on the draft law on HIV/AIDS in order to guarantee theprotection of children’s rights in accordance to the Convention.Education, including vocational training and guidanceIn the light of persistent gender and regional disparities, low quality of and high level of abuse and violence in the schools the Committee
 recommends
that the State party:
 
 
I.
 
Ensure that primary education is compulsory, free of direct and indirect costs andaccessible to all children, including children living in rural and remote areas;II.
 
Take all measures to ensure that children complete their eight-years primary school,taking concrete action to address the reasons behind non-completion of schooling,including cultural traditions and poverty;III.
 
Increase transition to secondary schools;IV.
 
Improve the quality of education through the improvement of the ratio of teachers tostudents in primary and secondary schools, ensuring at the same time that teachers arewell-trained, fully qualified and well paid;V.
 
Include human rights and child rights in the curricula of schools,Child labour
The Committee
notes with concern
that, since education is not compulsory, large number childrenare working as their next best alternative, many of them in hazardous work, especially in thetobacco and tea estate sector which continues to be a major source of child labour.
The Committee
urges
the state party to:I.
 
Ensure that any legislation to prohibit child labour also provides effectiveprotection for children belonging to vulnerable groups, including children workingin the tobacco and tea estates;II.
 
Provide adequate human and financial resources to strengthen advocacy andawareness of child labour legislation, policies and programmes.Street Children
The Committee
reiterates its concern
at the increasing number of children living in the streets of the State party. In addition, the Committee is seriously concerned that some street children whoneed care and attention are accommodated in reformatory institutions meant for children whocome in conflict with the law.
The Committee
 recommends
that the State party:
I.
 
Take urgent measures to remove street children from reformatory institutions and
provide all street children with adequate housing, nutrition, health care andeducational opportunities including life skills training to support their fullsocial development;II.
 
Provide street children with appropriate recovery assistance and promote theirsocial reintegration within their families and communities;
Sexual exploitationTo tackle the problem of sexual exploitation of children, the Committee
 recommends
:I.
 
Take appropriate measures, including through legislation, to ensure the promptprosecution of perpetrators of sexual offences against children;II.
 
Ensure that child victims of sexual exploitation or abuse have access to free, childsensitive complaints mechanisms and are not criminalized or penalized; andIII.
 
Continue to implement appropriate policies and programmes for the prevention,recovery and social reintegration of child victims,
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