2. States Parties shall respect and promote the right of the child to fully participate in cultural and artistic life and shall encourage the provision of appropriate and equal opportunities for cultural, artistic, recreational and leisure activity. 86. Under the Guiding Principles in Matters Concerning Children, which is a Schedule under the CCPJA, a child is entitled to leisure which is not morally harmful. A child also has the right to participate in sports and positive cultural and artistic activities. Article 13: Handicapped Children 1. Every child who is mentally or physically disabled shall have the right to special measures of protection in keeping with his physical and moral needs and under conditions which ensure his dignity, promote his self-reliance and active participation in the community. 2. States Parties to the present Charter shall ensure, subject to available resources, to a disabled child and to those responsible for his care, of assistance for which application is made and which is appropriate to the child's condition and in particular shall ensure that the disabled child has effective access to training, preparation for employment and recreation opportunities in a manner conducive to the child achieving the fullest possible social integration, individual development and his cultural and moral development. 3. The States Parties to the present Charter shall use their available resources with a view to achieving progressively the full convenience of the mentally and physically disabled person to movement and access to public highway buildings and other places to which the disabled may legitimately want to have access to. 87. The 2010 amendments to the Constitution increased the profile of disability issues in Malawi. Section 13 (g) which lists one of the Principles of National Policy initially made provision for the Disabled. It provided that the State shall actively promote the welfare and development of the people by progressively adopting and implementing policies and legislation aimed at achieving support for the disabled through greater access to public places; fair opportunities in employment; and the fullest possible participation in all spheres of Malawian society. When the amendments were done, the provision read as follows: “(g) Persons with Disabilities To enhance the dignity and quality of life of persons with disabilities by providing— (i) adequate and suitable access to public places; (ii) fair opportunities in employment; and (iii) the fullest possible participation in all spheres of Malawian society.” 26 | P a g e

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