Article 30: Children of Imprisoned Mothers
1. States Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to
mothers of infants and young children who have been accused or found guilty of infringing the penal law and shall
in particular:
(a) ensure that a non-custodial sentence will always be first considered when sentencing such mothers;
(b) establish and promote measures alternative to institutional confinement for the treatment
of
such
mothers;
(c) establish special alternative institutions for holding such mothers;
(d) ensure that a mother shall not be imprisoned with her child;
(e) ensure that a death sentence shall not be imposed on such mothers;
(f) the essential aim of the penitentiary system will be the reformation, the integration of the mother to the
family and social rehabilitation.
Article 31: Responsibility of the Child
Every child shall have responsibilities towards his family and society, the State and other legally recognized
communities and the international community. The child, subject to his age and ability, and such limitations as
may be contained in the present Charter, shall have the duty;
(a) to work for the cohesion of the family, to respect his parents, superiors and elders at all times and to
assist them in case of need;
(b) to serve his national community by placing his physical and intellectual abilities at its service;
(c) to preserve and strengthen social and national solidarity;
(d) to preserve and strengthen African cultural values in his relations with other members of the society,
in the spirit of tolerance, dialogue and consultation and to contribute to the moral well-being of society;
(e) to preserve and strengthen the independence and the integrity of his country;
(f) to contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement
of African Unity.
158. The State Party has entered into more agreements than the ACRWC to cater for child
protection. The CRC is the major instrument which Malawi has ratified in order to realize
even greater protection of children.
159. In keeping with the obligations of Malawi under the ACRWC, which provides for
responsibilities of the child, the CCPJA has made provision for the duties and
responsibilities of the child to respect the parents, guardians, superiors and elders at all
times and depending on the age of the child assist them in cases of need; serve the
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