of the children to such an extent that the health, safety or security, nutrition and education
of such other party or such children, as the case may be, is adversely affected, that
neglect constitutes notifiable family misconduct and any of the persons named in section
88 (3) shall be under a duty to report the neglect to the Minister responsible for social
welfare.
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The Act also charges the court with the protection of children in that a marriage which
has broken down and is being dissolved should be brought to an end with minimum
distress to any affected children. The court shall also have the power to award custody in
favour of either of the parents based on the best interests of the child.
Article 13 - Economic, Social and Cultural Rights
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The National Gender Policy of 2015 indicates that food security is a major concern at
household and national level in both rural and urban areas. In most cases, the woman has
to fetch food to feed the family. This results into school drop outs especially on the girl
child to support their mothers’ efforts in search of food. The direct result of food shortage
is malnutrition, particularly amongst women and children, which is a major cause of
maternal. In view of that, the Policy seeks to ensure that women and other vulnerable
groups have access to and control over agricultural productive resources, technologies
and markets for cash crops, food and nutrition security. The Government through the
Ministry of Agriculture, Irrigation and Water Development implements a Farm Input
Subsidy Programme across the country. The programme targets fulltime smallholder
Malawian farmers that are resource poor of all gender categories.
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Section 28 of the Constitution recognises equal ownership of property rights of men and
women. Again, Section 24 provides that a woman has the rightto acquire and maintain
rights in property, independently or in association with others, regardless of their marital
status. The Customary Land Act 2016 guarantees a women’s access to land in that an
application for a customary estate from a woman, or a group of women shall be treated
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