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The Constitution under Section 13 (g) charges the State to adopt policies and legislation
to enhance the dignity and quality of life of persons with disabilities by providing
adequate and suitable access to public places fair opportunities in employment, and the
fullest possible participation in all spheres of Malawian society.
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Section 30 (1) of the Constitution which provides for the right to development states that
women and persons with disabilities in particular shall be given special consideration in
the application of this right.
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Women and girls with disabilities who have suffered any form of injustice have the right
to access justice in the Court. However, the majority of justice services in Malawi are
largely not disability friendly. The Malawi Human Rights Commission Report on access
to justice by persons with disabilities indicates that there are limited criminal justice
providers that are equipped to communicate with women and girls with disabilities. There
are only a few trained officers and they are desk officers based at Police headquarters in
Lilongwe, far removed from the victims.
The Human Rights Commission’s public
inquiry on Disability in 2013 which found that the failure to provide training to the
Malawi Police Service, Judiciary and Prison Service officials about the needs of persons
with disabilities has led to their exclusion and denied them access to justice.
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The inquiry also found that persons with hearing impairments and the deaf-blind, in
particular, have problems accessing justice either as offenders, complainants or witnesses
since some court officials in Malawi do not allow the use of sign language interpreters.
This is due to unavailability of staff trained in sign language at the court. Persons with
intellectual disabilities, in particular, are often regarded to be of “unsound mind” such
that prejudice overrides rational consideration of situations by law enforcers and
interpreters; hence denying those with intellectual disabilities access to justice.
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