UNESCO Social and Human Sciences
 
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Malawi

Constitution as adopted on 16 May 1994.

Article 20

    (1) Discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, nationality, ethnic or social origin, disability, property, birth or other status.

Article 26

    Every person shall have the right to use the language and to participate in the cultural life of his or her choice.

Article 42

    (1) Every person who is detained, including every sentenced prisoner, shall have the right-
      (a) to be informed of the reason for his or her detention promptly, and in a language which he or she understands;

    (2) Every person arrested for, or accused of, the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right-

      (a) promptly to be informed, in a language which he or she understands, that he or she has the right to remain silent and to be warned of the consequences of making any statement; (f) as an accused person, to a fair trial, which shall include the right-
        (ix) to be tried in a language which he or she understands or, failing this, to have the proceedings interpreted to him or her, at the expense of the State, into a language which he or she understands;

Article 51

    (1) A person shall not be qualified to be nominated or elected as a member of the Parliament unless that person-
      (b) is able to speak and to read the English language well enough to take an active part in the proceedings of Parliament; and

Article 55

    (5) The proceedings of Parliament shall be conducted in the English language and such other languages as each Chamber may prescribe in respect of its own proceedings.

Article 94

    (2) A person shall not be qualified to be appointed as a Minister or Deputy Minister unless that person-
      (b) is able to speak and to read the English language; and

Note: The complete text of the Constitution can be found on the Internet through a site operated by the University of Pennsylvania.


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