(e) take special measures in respect of female, gifted and disadvantaged children, to ensure equal access to
education for all sections of the community.
4. States Parties to the present Charter shall respect the rights and duties of parents, and where applicable, of legal
guardians to choose for their children's schools, other than those established by public authorities, which conform to
such minimum standards may be approved by the State, to ensure the religious and moral education of the child in
a manner with the evolving capacities of the child.
5. States Parties to the present Charter shall take all appropriate measures to ensure that a child who is subjected
to schools or parental discipline shall be treated with humanity and with respect for the inherent dignity of the child
and in conformity with the present Charter.
6. States Parties to the present Charter shall have all appropriate measures to ensure that children who become
pregnant before completing their education shall have an opportunity to continue with their education on the basis
of their individual ability.
7. No part of this Article shall be construed as to interfere with the liberty of individuals and bodies to establish
and direct educational institutions subject to the observance of the principles set out in paragraph I of this Article
and the requirement teal the education given in such institutions shall conform to such minimum standards as may
be laid down by the States.
61. There are several statutes that provide for education. The Constitution guarantees education
as a human right and, as a matter of national policy. Progressively, Malawi is expected to
provide adequate resources to the education sector and devise programmes in order to
eliminate illiteracy in Malawi; make primary education compulsory and free to all citizens of
Malawi; offer greater access to higher learning and continuing education; and (iv) promote
national goals such as unity and the elimination of political, religious, racial and ethnic
intolerance. As a right, the Constitution provides for entitlement to education for all and
spells out primary education as consisting of at least 5 years of education. The Constitution
also permits the conditional establishment of private schools and institutions of higher
learning.
62. Other than the Constitution, the main legislation are the Education Act; the University of
Malawi Act; Mzuzu University Act; and Malawi National Examinations Board Act.
63. The Education Sector divides education into the following categories and priority areas:
(a) Basic education:
(i) Early Childhood Development (ECD);
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