Module Outline

1. College Chancellor College

2. Faculty/School of Law
3. Department Foundational Law
4. Programme LLB (Hons)
5. Module Title Gender and the Law
6. Module Code LLB 122
7. Year One
8. Credits
9. Lectures per week 3
10. Clinical/Tutorial/Practical Hours 1
Per Week

12. Revised
13. Approval Date

14 Prerequisites LLB 111, LLB 115

15. Co-requisites None

16. Module aim

To enable students discuss and analyse the relationship between gender and the law, as an
agent of social ordering and social change for women and men.

17. Module aim

This module lays the foundation for appreciating and understanding the gendered aspects of
Malawian, regional, and international law. The student is, from the earliest stage, able to trace
the development of early feminist legal theory to the current and emerging postmodern
feminist theory, and feminist critique. Using feminist perspectives, the student is able to
examine the different theories of law. The module is important because it enables students to
understand and critique the ways and processes through which the law is gendered and how
this contributes to the construction of gender inequality as well as how the law can be used as
a tool for transforming such inequalities. The delivery of the module is predominantly
through lectures (with the utilization of expert guest lecturers), use of case studies, group
work, and tutorials. The student is subject to continuous assessments aimed at appreciating
the progress made.

17. Intended Learning Outcomes

On successful completion of the module, the student should be able to:

Knowledge
(a) Explain the concept of gender , gender mainstreaming and human rights
(b) Discuss sex /gender discrimination and how it is being addressed by
International, regional and national legal systems.
(c) Describe particular areas of gender relations directly regulated by law in
Malawi
(d) Articulate the development and evolution of legal theories of gender.

Attitude
(a) Interrogate the gendered nature of the law; and
(b) Demonstrate sensitivity to gender relations and (potential) discrimination
structures.
(c) Justify a critical approach to matters of sex, gender and the social implications of
existing and proposed laws and legal policies
(d) Argue for the importance of using the law as a tool for challenging gender
inequalities.

Skills
(a) Identify gender concerns and issues in the law including stereotypes, gaps and
implications
(b) Analyse how the law constructs and regulates gender
(c) Formulate and defend a position within a theoretical framework
18. Indicative Content

No Indicative Content Class/

Practical
/Tutorial
Time
(a) Introduction to Gender and Law 3.5 weeks
 Definitions and Key concepts of gender studies
 Relevance of study of law and gender
 Sources of law
  Feminist and masculinity theories of Gender and the Law

(b) Gender and Human Rights 1.5 weeks

 Basic concepts
 Introduction to human rights system
 Gender as a human right in international human rights law

(c) Gender Mainstreaming 1 week

 Definition
 International legal framework
 Domestic legal and policy framework
 Process of gender mainstreaming
 Challenges to mainstreaming
(d) Core Themes 6 weeks
 Gender and access to justice
 Gender based violence
 Gender, health and the law
 Gender and education
 Gender and governance

19. Assessment
Continuous assessment: 50%
Final Examination: 50%

20. Teaching and Learning Methods/Activities

 Contextual and comparative approach;
 Combined doctrinal and clinical delivery; and
 Lectures (including expert guest lectures), case studies, group work, moot and
tutorials.
21. Competences, Sources, and Means

End/Highest Competence (Insert):

Credit Hours: (Insert):
Competences Source and Means
Topics (Tick) Learning Minimum Lead Learning Materials .(Please Assessment
Activities further use materials in the schedule)
Typ List (a) (b) (c (d) (e) Activity
e )
Knowledge a) Explain the    Lecture  Malawi Congress Party v Attorney General  A minimum of 3
concept of  Short [1996] MLR 244, 299-300 (HC). individual
gender, gender class  Harksen v Lane NO and Others (CCT9/97) exercises
equality, exercise [1997] ZACC 12  A minimum of 1
gender  Buzz  President of the Republic of South Africa and group works
mainstreaming group Another v Hugo (CCT11/96) [1997] ZACC 4  1 mid-semester
and human  Minister of Finance and other v Van Heerden examination
rights. (2004) 11 BCLR 1125 (CC) para 142  A final
 Sonke Gender Justice v Malaema (2010) 7 examination
BCLR 729
 Andrew v Law Society of British Colombia
[1989] 1 SCR 143
 Withler v. Canada (Attorney General), [2011]
1 S.C.R. 396
 Brink v. Kitshoff (CCT15/95), [1996] Z.A.C.C.
9
 M. Zalewski ‘I don't even know what gender
is': a discussion of the connections between
gender, gender mainstreaming and feminist
theory’
 J. Marinova ‘Gender Stereotypes and the
Socialization Process’ (2003) available at
http://www.un.org/womenwatch/daw/egm/me
n-boys2003/EP3-Marinova.pdf
 ‘Gender Roles Socialization In Patriarchy
Society’ available at
shodhganga.inflibnet.ac.in/jspui/bitstream/106
03/171081/13/13_chapter_5.pdf
 H. Charlesworth ‘Not Waving but Drowning:
Gender Mainstreaming and Human Rights in
b) Discuss sex   Lecture  Bradwell v. State of Illinois, (1891) QB 79
/gender  Presentati  Incorporated Law Society v Wookey 1912 AD
discrimination on 623
and how it is  Case  E.S. and S.C v United Republic of Tanzania
being study Communication No. 48/2013
addressed by  Karen Tayag Vertido v. The Philippines
International, Communication No. 22/2009
regional and  R.P.B. v. The Philippines Communication No.
national legal 34/2011
systems  V.P.P. v. Bulgaria Communication No.
31/2011
 Kaseka and Others v Republic [1999] MLR
116
 Morinho v SGS Blantyre (Pvt) limited [1998]
MLR 208
 Somanje v Somanje and Others (1999) MLR
400
 Jordan v State 2002 (6) SA 642 (CC); (11)
BCLR 1117 (CC)
 James v Eastleigh Borough Council [1990] 2
AC 751
 The Southern African Development
Community Protocol on Gender and
Development August 2008
 Convention against Elimination of all forms of
Discrimination Against Women –adopted 18
December 1979

 Protocol to the African Charter of Human and

People’s Rights on the Rights of Women in
Africa –adopted 11 July 2003
 C.L. Ridgeway, Framed by Gender: How
c) Describe    Lectures  Prevention on Domestic Violence Act (2006)
particular areas  Case  Gender Equality Act (GEA) 2013
of gender study and  Marriage, Divorce and Family Relations Act
relations group (MDFRA) s74
directly work:  Kayambo v Kayambo 12 MLR 40;
regulated by  Nyangulu v Nyangulu 10 MLR 433
law in Malawi  Chibweya v Chibweya 10 MLR 279
 Stewart Kamphoni v Violet Kamphoni MC No.
7 of 2012
 Anna Kagwira v Henderson Kagwira CA No.
24 of
 2012,
 Emma Kishindo v Paul Kishindo CC No. 392
of 2013,
 Deceased Estates Act (DEA) 2011
 Trafficking In Persons Act (TIPA) 2015
 The Republic v Erica Aniva Criminal Case
No. 87 of 2016 (unreported).
 Republic v- Ruth Lourenco, Criminal Case
No. 150 of 1999-Lilongwe Magistrate’s Court-
(Unrep)
 B Malunga ‘The Rule on Corroboration in
Sexual Offences and Women’s Access to
Justice in Malawi’ 46 Zambia Law Journal
(2015)121-150

d) Articulate the   Lectures  C.A. MacKinnon ‘Feminism, Marxism,
development  Individual Method, and the State: Toward Feminist
and evolution exercise Jurisprudence’ 8(4) Signs: Journal of
of legal  Buzz Women in Culture and Society , 634-659
theories of groups (1998)
gender.  debates  P.A. Cain, ‘Feminist Jurisprudence:
Grounding the Theories’, 4 Berkeley
Women's Law Journal 191 (1989).
 P.A. Cain ‘Feminism and the Limits of
Equality’ in Lloyd Introduction to
Jurisprudence (London: Sweet and
Maxwell Ltd., 1994)
 N. E. Dowd, ‘Masculinities and Feminist
Legal Theory’, 23 Wis. J.L. Gender &
Soc'y 201 (2008),
 R. Collier ‘Masculinities, law, and
personal life: towards a new framework for
understanding men, law, and gender’ , 33
Harvard Journal of Law & Gender, (2010)
431 -475
 H. Barnett ‘ Introduction to Feminist
Jurisprudence’ ( London : Cavendish
Publishing Limited) ch 1, .5,6,7,8.
 R. Tong, Feminist Thought: A more
comprehensive Introduction 3rd edition
(USA: Westview Press, 2009) chapters 1-
6, 8
 Nancy E. Dowd,Masculinities and
Feminist Legal Theory, 23 Wisconsin
Journal of Law, Gender & Society 201
(2008),
Attitudes a) Interrogate the    Lectures  Constitution –section 22 before amendment
gendered  Group
nature of the work  Penal Code-Part XV
law leading to  Citizen Act –section 9
individual
analytical  Kayambo v Kayambo 12 MLR 40
work
 Mariette vs. Rep (1966-68) ALR (MAL) 119
 Califano v. Westcott, 443 U.S. 76 (1979)
 Ireland v Smith 1995 542 NW2d 344 (1995)
 Msosa vs. Republic 7 MLR
 Rep. vs. Banda 3ALR (Mal)
 Republic vs. Kaluwa 3 ALR (Mal) 356
 Rep vs. Stanford Yole Yole Chirwa,
Confirmation case No. 51 of 1994)
 Rep vs. Spider Okhasha, Confirmation case
no.1763 of 1980
 Rep vs. Patrick Sambani CC No. 392 of 1994.
 Repvs. Magombani 3ALR (Mal)
 Reed v Reed 404 US 71 (1971)
 Breedlove v. Suttles, 302 U.S. 277 (1937)
 Fry v. Derstler, 2 Yeates, 278 (1798),
 Magaya v Magaya 1999 (1) ZLR 100
 Bhe and others v Khayelitsha (CCT 49/03)
b) Demonstrate   Lectures  Talleys Fisheries Limited v Caitlin Lewis CIV
sensitivity to  debates 2005-485-1750 (New Zealand)
gender  short  K. STEVENSON ‘She never screamed out and
relations and exercises complained’: recognising gender in legal and
(potential) media representations of rape 121
discrimination  N. Hanley Gendering rape: Social attitudes
structures towards male and female rape. In J. Jones, A.
Grear, R. A. Fenton & K. Stevenson (Eds.),
Gender, Sexualities and Law. (Abingdon,
United Kingdom: Routledge 2011, 135-147
 M. A. Crouch Thinking about Sexual
Harassment : A Guide for the Perplexed (New
York :Oxford University Press) ch 1, 2,3, 6
c) Justify a critical    Law and Advocacy for Women in Uganda v
approach to The Attorney General [2010] [2010] UGCC
matters of sex, 4, Constitutional Petition No. 8 of 2007
gender and the (Constitutional Court of Uganda at
social Kampala).
implications of  Mudzuru & Another v Ministry of Justice,
existing and Legal & Parliamentary Affairs (N.O.) &
proposed laws Others (Const. Application No. 79/14) [2015]
and legal ZWCC 12 (20 January 2016
policies  Nvumeleni Jezile v The State and 7
Others [2015], High Court Case No. A
127/2014 (High Court of South Africa,
Western Cape Division, Cape Town). [
 *Rebeca Z. Gyumi v The Attorney
General, Miscellaneous Civil Cause No. 5 of
2016, High Court of Tanzania. Date of
Judgment: 8/7/2016,

d) Argue for the   Lecture •
importance of Case study
using the law Debate • Reed v Reed 404 US 71 (1971)
as a tool for • Garland v British Rail Engineering Ltd HL
challenging ([1983] 2 AC 751, [1982] 2 WLR 918,
gender • Burton v British Railways Board [1982] Q B
inequalities 1080
• C.K.W. v Attorney General & Another [2014]
eKLR, Petition 6 of 2013 (High Court of
Kenya at Eldoret). S v. Brian M. [surname
editorially abridged] [2015] ZWHHC 106,
CRB No. B467/14 (High Court of Zimbabwe
at Harare).
• Teddy Bear Clinic for Abused Children and
Another v Minister of Justice and
Constitutional Development and Another
[2013], Case No. 73300/10 [2013] ZAGPPHC
1 (North Gauteng High Court, South Africa).
• Teddy Bear Clinic for Abused Children and
Another v Minister of Justice and
Constitutional Development and Another(CCT
12/13) [2013] ZACC 35; (Constitutional
Court, South Africa
• Martin C. v. Republic Criminal Appeal No.
32 of 2015, April 26, 2016 (High Court of
Kenya, at Malindi).
• Chikopa, L. (2015). “Judicial activivism and
the protection of the rights of vulnerable
• groups in Malawi.” In Southern African
Litigation Centre, Using the courts to protect
• vulnearble people: Perspectives from the
judiciary and legal profession in Botswana,
Malawi, and Zambia. Johannesburg: SALC.
Skills a) Identify gender    Lecture  Prevention on Domestic Violence Act (2006)
concerns and  Tutorials  Gender Equality Act (GEA) 2013
issues in the   Marriage, Divorce and Family Relations Act
law including (MDFRA)
stereotypes,  Deceased Estates Act (DEA) 2011
gaps and  Trafficking In Persons Act (TIPA) 2015
implications  R (on the application of Unison) v Lord
Chancellor [2017] UKSC 51
 R (Winder and ors) v Sandwell Borough
Council [2014] EWHC 2617 (Admin)
 C. A. MacKinnon ‘Reflections on Sex
Equality Under Law’ 100 (5) The Yale Law
Journal, (1991), pp. 1281-1328
 D.W. Carbado ‘Masculinity by Law’ in F.R.
Cooper and A.C. McGinley, eds. Masculinities
and the Law: A Multidimensional Approach
(New York :New York University Press,
2012) 51-77

b) Analyse how     Lectures  Dwenga and Others v Surgeon-General of the
the law  Debates South African Military Health Services and
constructs and  Case study Others [2014] ZAGPPHC 727, Case No.
regulates  moot 40844/2013 (High Court, North Gauteng)
gender   Gary Shane Allpass v Mooikloof Estates (Pty)
Ltd. [2011], Case No. JS178/09 (Labour Court
of South Africa).[Wrongful dismissal, HIV+]
Decision online.
 Georgina Ahamefule v Imperial Medical
Centre & Dr. Alex Molokwu [2012], Suit No.
ID/1627/2000 (High Court of Lagos State).
 Stanley Kingaipe & Another v The Attorney
General [2010] 2009/HL/86 (High Court for
Zambia) [HIV testing and ARV treatment
without consent]
 K.M. Franke The Central Mistake of Sex
Discrimination Law: The Disaggregation of
Sex from Gender’ 114 University of
Pennsylvania Law Review
 N. Levit The Gender Line: Men, Women, and
the Law 1998

c) Formulate and Lecture  R v A (No 2) [2001] UKHL 25,
defend a Assignment/
position within moot  Janice Richardson and Ralph Sandland
a theoretical FEMINIST PERSPECTIVES ON LAW &
framework THEORY (great Britain; Cavendish
Publishing 2000) ch 1
 P. Smith ‘Four Themes in Feminist Legal
Theory: Difference, Dominance, Domesticity,
and Denial’ in M.P. Golding &W.A.
Edmundson, eds., The Blackwell Guide to the
Philosophy of Law and Legal Theory (USA:
Blackwell Publishing) 2005, 90 -104
21. Additional Learning Materials

Topic (a)

Key Statutes
 The Constitution of Malawi, 1994
 Prevention on Domestic Violence Act (2006),
 Gender Equality Act (2013)
 Deceased Estates (Wills, Inheritance & Protection) Act (2011),
 Penal Code (2009),
 Marriage, Divorce and Family Relations Act (2015)
 Trafficking in Persons Act (2015).
Key Cases

Malawi

 Jana v Attorney General IRC Number 312 of 2005

 Phiri v Attorney General IRC Number 70 of 2006
 R v Mwasomola
England and Other Jurisdictions
 Craig and others v Boren, Governor of Okhlahoma 429 US 190 (1976)
 Stanton v. Stanton, :: 421 U.S. 7 (1975)
 Breedlove v. Suttles, 302 U.S. 277 (1937)
 Weinberger v. Wiesenfeld, 420 U.S. 636 (1975
 Orr v. Orr, 440 U.S. 268 (1979)
 Kirchberg v. Feenstra, 450 U.S. 455 (1981)
 De Souza v Gobden 1891 1 QB 687
 Price v Rhondda UDC (1923) 1 Ch 372
 Short v Poole Corp (1926) ch 26

Classic and Other Key Articles

 C. A. MacKinnon ‘Reflections on Sex Equality Under Law’ 100 (5) The Yale Law
Journal, (1991), pp. 1281-1328
 R. Tiessen (2008) Small Victories But Slow Progress, International Feminist Journal
of Politics, 10:2, 198-215 16)
 M. Becker, ‘Patriarchy and Inequality: Towards a Substantive Feminism," University
of Chicago Legal Forum. 20- 88, 1999
 R. Collier ‘Masculinities, law, and personal life: towards a new framework for
understanding men, law, and gender’ , 33 Harvard Journal of Law & Gender, (2010)
431 -475
 Feminist Challenges and Legal Responses
Key Books and Book Chapters
 K Chauhan Gender Inequality: The Effect of Patriarchy in K Chauhan eds,., Gender
Inequality in the Public Sector in Pakistan Representation and Distribution of
Resources (USA :Palgrave Macmillan) 133

 J. Richardson & R. Sandland ‘Feminism, law and theory’ in J. Richardson & R.
Sandland eds., Feminist Perspectives On Law & Theory (London : Cavendish
Publishing) 2000 1-22
 J Stewart I can’t go to School today’ in A. Hellum and others (eds)Human rights,
plural legalities and gendered realities : Paths are made by walking 291-315
 R. Tong, Feminist Thought: A more comprehensive Introduction 3rd edition (USA:
Westview Press, 2009) chapters 1-6, 8
 Catherine A. MacKinnon, Feminism Unmodified: Discourses on Life and Law
(Cambridge, Harvard University Press, 1987, ), Introduction
 Sandra Fredman and B. Goldblatt, Gender Equality and Human Rights (UN Women,
2015)
 F.R. Cooper and A.C. McGinley Masculinities and the Law: A Multidimensional
Approach (New York :New York University Press, 2012, chapters 1 and 2
 INTRODUCING PATRIARCHY AND GENDER HISTORY
 Gary Minda, Postmodern Legal Movements: Law and Jurisprudence At Century's
End (New York; New York University Press, 1995) Chapter 12
 Muna Ndulo, "African Customary Law, Customs, and Women's Rights," ,(2011)
Indiana Journal of Global Legal Studies: Vol. 18: Iss. 1, Article 5.,

Reports and Others

 United Nations, Beijing Declaration and Platform of Action (adopted 15 September
1995 at the Fourth World Conference on Women), UN Doc. A/CONF.177/20,
 F. Raday, “Culture, religion and gender – download here..
https://www.researchgate.net/publication/31250427_Culture_religion_and_gender
 National Statistics Office, Malawi Labour Force Survey 2013 :Key Findings Report,
(Malawi Government, 2014
 UNDP Human Development Reports www.hdr.undp.org
 UNDP Malawi ‘Promote gender equalityand empower women: where we are?’
(2013) available at
http://www.mw.undp.org/content/malawi/en/home/mdgoverview/overview/mdg3/
 USAID Malawi Gender Equality Fact Sheet (2016)
https://www.usaid.gov/malawi/fact-sheets/malawi-gender-equality-fact-sheet
 Malawi Human Rights Commission ‘Cultural Practices and their Impact on
Enjoyment of Human Rights, Particularly the Rights of Women and Children in
Malawi’
Websites
 www.bailii.org
 www.lawtel.com
  www.legalresearch.westlaw.co.uk
 www.lexisnexis.co.uk
 www.loc.gov/law/find/database.php
 www.malawilii.org
 www.westlaw.co.uk
 www.worldlii.org

Topic (b)

Key Statutes
 The Constitution of Malawi, 1994
 Prevention on Domestic Violence Act (2006),
 Gender Equality Act (2013)
 Deceased Estates (Wills, Inheritance & Protection) Act (2011),
 Penal Code (2009),
 Marriage, Divorce and Family Relations Act (2015)
 Trafficking in Persons Act (2015).

International Human Rights Instruments

 The Universal Declaration of Human Rights
 International Convention on Civil and Political Rights (ICCPR)
 First Optional Protocol ICCPR
 Second Optional Protocol to the ICCPR
 International Convention on Economic, Social and Cultural Rights (ICESCR)
 Optional Protocol to the ICESCR
 Vienna Declaration and Programme of Action, July 1993
 International Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW)
 Optional Protocol to the CEDAW
 African Charter on Human and Peoples’ Rights
 African Charter on the Rights and Welfare of Children
 Protocol to the African Charter on Human and Peoples' Rights on the rights
of Women in Africa
 Protocol to the African Charter on Human and Peoples’ Rights on the
Establishment of an African Court of Human and Peoples’ Rights

Key Cases
Malawi
 Lorraine Khamisa v Shabir Khamisa, MC No 9 of 2009
 Marylyn Munthali v Francis Munthali, CC No. 2 of 2011
 Kayira v Kayira HC CA No. 44 of 2008,
 Zola v Kumwenda HC CA No. 21 of 2008,
 Mtegha v Mtegha HC CA No. 44 of 2008
 Chimtedza v Chimtedza (2009) Matrimonial Cause No 97 (PR)

Other Jurisdictions
  Chiminya v Estate (late Dennis Mhirimo Chiminga) and others ZWHHC 272 (11
March 2015)
Classic and Other Key Articles
 http://www.repository.law.indiana.edu/ijgls/vol18/iss1/5
 Riddle J. (2002) Making CEDAW Universal: A critique of CEDAW’s
reservation regime under article 28 and the effectiveness of the reporting
process, 34 Geo. Wash. Int'l L. Rev. pp. 605-638
 A Byrnes, (2012) “Article 1” (CEDAW), In M.A Freeman, C. Chinkin and B. Rudlof.
eds., CEDAW. Commentary. (Oxford University Press, (19) 53
 C Nyamu Musembi (2013) ‘Pulling Apart? Treatment of Pluralism in CEDAW and in
Maputo Protocol’ in A Hellum, & H S Aasen eds., Women’s Human Rights:
CEDAW in International , Regional and National Law (Cambridge University Press,
2013) 183-214
 S Fredman ‘Engendering Socio-economic rights’ in A Hellum , HS Aasen eds.,
(2013) 217,223-228;

 F Viljoen ‘An Introduction to the Protocol to the African Charter of Human and
Peoples’ Rights on the Rights of Women in Africa’ 16 Washington and Lee Journal of
Civil Rights and Social Justice.. (2009) 11-46;

Key Books and Book Chapters

 Cusak S. & Cook R. (2009) Combating Discrimination Based on Sex and
Gender, in C. Krause and M. Scheinin eds. International Protection of Human
Rights: A textbook, Abo: Abo Akademi University Institute for Human Rights,
Chapter 6, pp. 205-226
 F.J. Crosby, M.S. Stockdale & S.A. Ropp, eds. Sex Discrimination in the Workplace
(USA: Blackwell Publishing Ltd ) 2007 ch 1, 2.4,5


Reports and Others
 United Nations, Beijing Declaration and Platform of Action (adopted 15 September
1995 at the Fourth World Conference on Women), UN Doc. A/CONF.177/20,
 Fact sheet No. 30, The United Nations Human Rights Treaty System: An
introduction to the core human rights treaties and treaty bodies
 UN G.A. Res. 48/104, Declaration on the Elimination of Violence against Women,
A/RES/48/104, 20 December 1993
 CEDAW Committee, General Recommendation No. 24, Women and Health, UN
Doc. A/54/38/Rev.1 (I), 1999;
 CESCR, General Comment No. 14, The Right to the Highest Attainable Standard of
Health, UN Doc. E/C.12/2000/4, 11 May 2000, paras. 14, 20-21.
 CEDAW Committee, General Recommendation No. 21, Equality in Marriage and
Family Relations, UN Doc. A/49/38, 1994,
  Committee on the Elimination of Discrimination against Women. (2015). General
recommendation on women’s access to justice. CEDAW/C/GC/33
 Malawi Government, Malawi Law Commission. (2006). Report of the law
commission on the review of laws on marriage and divorce. Zomba: Government
Press

Websites
 UN Women - http://www.unwomen.org/
 UN Committee on the Rights of the Child -
http://www2.ohchr.org/english/bodies/c7rc/
 UN Human Rights Committee (which monitors implementation of the
International Covenant on Civil and Political Rights) -
http://www2.ohchr.org/english/bodies/hrc/
 UN Committee on Economic, Social and Cultural Rights -
http://www2.ohchr.org/english/bodies/cescr/
 UN Committee on the Elimination of Discrimination Against Women -
http://www2.ohchr.org/english/bodies/cedaw/

Topic (c)

Key Statutes
 The Constitution of Malawi, 1994
 Prevention on Domestic Violence Act (2006),
 Gender Equality Act (2013)
 Deceased Estates (Wills, Inheritance & Protection) Act (2011),
 Penal Code (2009),
 Marriage, Divorce and Family Relations Act (2015)
 Trafficking in Persons Act (2015).

Key Cases
Malawi

Other Jurisdictions
 Attorney General v Dow [1991] 36: 91–2. Journal of African Law 1992
 The Mauritian Women Case ( Communication No. 35/1978)
 Mmusi and Others v Ramantele and Another 2012 2 BLR 590 HC.
 Equal Opportunities Commission v Secretary of State for Trade and Industry [2007]
IRLR 327
 Andrews v Law Society of British Columbia, [1989] 1 SCR 143
 Broeks v the NeverlandsI(communication No.172/1984)
 Avellanal v Peru (Communication No.202/1986)
 Maria de Lourdes da Silva Pimentel v Brazil Communication No. 17/2008


Classic and Other Key Articles
  Kapindu RE ‘Courts and the enforcement of socio-economic rights in Malawi:
jurisprudential trends, challenges and opportunities’ (2013) 13 African Human Rights
Law Journal 125-151.

Key Books and Book Chapters

Reports and Others

 United Nations, Beijing Declaration and Platform of Action (adopted 15 September
1995 at the Fourth World Conference on Women), UN Doc. A/CONF.177/20
 Human Rights Committee, General Comment No. 28, Article 3 (The equality of rights
between men and women), UN Doc. HRI/GEN/1/Rev.9 (Vol. I), 29 March 2000
 CEDAW Committee, General Recommendation No. 28 on the Core Obligations of
States Parties under Article 2 of the Convention on the Elimination of All Forms of
Discrimination against Women, UN Doc. CEDAW/C/GC/28, 2010

Websites

Same as under (a)

Topic (d)

Key Statutes
 The Constitution of Malawi, 1994
 Prevention on Domestic Violence Act (2006),
 Gender Equality Act (2013)
 Deceased Estates (Wills, Inheritance & Protection) Act (2011),
 Penal Code (2009),
 Marriage, Divorce and Family Relations Act (2015)
 Trafficking in Persons Act (2015).


The United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children
Key Cases

General
 R. v R [1992] 1 AC 599
 R (on the application of Coll) (Appellant) v Secretary of State for Justice
(Respondent) [2017] UKSC 40
 Brierley and others v Asda Stores Ltd (employment tribunal)
 Bhe v Magistrate, Khayelitsha 2005 (1) SA 580 (CC).
 Allonby v Accrington and Rossendale College [2001] Case C-256/01
 Bliss v Canada (AG) [1979] 1 S.C.R. 183
 Brooks v. Canada Safeway Ltd., [1989] 1 SCR 1219.
Gender Based Violence
 Eremia v. Republic of Moldova, no. 3564/11, Judgment of 28 May 2013, paras. 48-52,
56; I/A Court H.R.,
 Rosendo Cantú et al. v. Mexico. Preliminary Objections, Merits, Reparations and
Costs. Judgment of August 31, 2010. Series C No. 216; IACHR, Report No. 80/11,
Case 12.626,
 Jessica Lenahan (Gonzales) et al. (United States), 21 July 2011.I/A Court H.R.,
 González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits,
Reparations, and Costs. Judgment of November 16, 2009. Series C No. 205
 Aydin v. Turkey, ECtHR, no. 23178/94, Rep. 1997-IV, Judgment of 25 September
1997
 M.C. v. Bulgaria, no. 39272/98, ECHR 2003-XII, Judgment of 4 December 2003.
 , D.R. Congo v. Burundi, Rwanda, and Uganda, Communication No. 313/05, 33rd
Ordinary Session, May 2003 ACommHPR
 Ms. A. T. v. Hungary, Communication No. 2/2003, Views of 26 January 2005.)
CEDAW Committee
 Kontrová v. Slovakia, no. 7510/04, Judgment of 31 May 2007 ECtHR,
Sexual and Reproductive Rights
 A, B, and C v. Ireland [GC], no. 25579/05, ECHR 2010, Judgment of 16 December
2010, ECtHR.
 P. and S. v. Poland, no. 57375/08, Judgment of 30 October 2012, ECtHR.
 S. v. Hungary, Communication No. 4/2004, Views of 14 August 2006, CEDAW
Committee,

Education, Marriage and Divorce, Work, social security
 Mónica Carabantes Galleguillos IACHR, Report No. 33/02, Petition 12.046 ,(Chile),
12 March 2002.
 Airey v. Ireland, Series A no. 41, Judgment of 6 February 1981, ECtHR
 Maria Eugenia Morales de Sierra (Guatemala), IACHR, Report No. 4/01, Case
11.625, 19 January 2001.
 S.W.M. Broeks v. The Netherlands, Communication No. 172/1984, Views of 9 April
1987 UN Human Rights Committee,;
 F.H. Zwaan-de Vries v. The Netherlands, Communication No. 182/1984, Views of 9
April 1987. UN Human Rights Committee,
Classic and Other Key Articles
 L. Mkandawire-Valhmu ‘Marriage as a risk factor for HIV: Learning from the
experiences of HIV-infected women in Malawi’ 8 (2) An International Journal for
Research, Policy and Practice (2013)
Key Books and Book Chapters
 R. Cook, B. Dickens and M Fathalla Reproductive health and human rights ( OUP
2006) part I chapt 1, 2,
 C. Ngwena & E Durojaye Strengthening the protection of sexual and reproductive
health and rights in Africa region through human rights ( Pretoria: PULP) 2014 ch 1,
9,

Nyirenda, A. (2015). “The role of the judiciary in protecting the rights of vulnerable groups
in Malawi.” In Southern African Litigation Centre, Using the courts to protect vulnerable
people: Perspectives from the judiciary and legal profession in Botswana, Malawi and
Zambia. Johannesburg: SALC.

Reports and Others

Schärf, W., Banda, C., Röntsch, R., Kaunda, D., and Shapiro R. (2002). Access to justice for
the poor of Malawi? An appraisal of access to justice provided to the poor of Malawi by the
lower subordinate courts and the customary justice forums. Available at
http://www.afrimap.org/english/images/documents/MalawiAccesstoJustice.pdf

Women and Law in Southern Africa Research Trust, Malawi Chapter. (2000). In
search of justice: Women and the administration of justice in Malawi. Blantyre:
Dzuka Publications.

Websites
Same as under (a)

21. Reflective/review Questions

Topic (a)

1. List different articles, activities, roles and characteristics and decide who you
would ordinarily associate them with between male and female
2. Identify comments people make to indicate how you are supposed to “Act-like-a-
lady”/ “Be a man”? What messages does society convey to you if you meet these
'expectations'?
3. What are some of the repercussions- both social and physical against girls/boys
who step out of their socially desirable roles?
4. Read and analyse the portrayal of women in the extract below and identify the
gender biases and stereotypes
Two young ladies arrived at a meeting wearing clothes that were quite revealing their
body parts. The chairman of the meeting took a good look at them and gave them the
following advice:
Ladies everything that God made valuable in this world is well covered and hard to
see, find or get.
1. Where do you find diamonds? Deep in the ground, covered and protected.
2. Where do you find pearls? Deep down at the bottom of the ocean, covered up and
protected in a beautiful shell
 3. Where do you find gold? Way down in the mine, covered over with layers of rock
and to get them, you have to work hard and dig deep down to get them.’

He looked at them with serious eyes and further said to them ‘your body is sacred and
unique. You are far much more precious than gold, diamonds and pearls and you should be
covered too. If you keep your treasured minerals like gold, diamonds and pearls, deeply
covered up, a reputable mining organisation with the requisite machinery will fly in and
conduct years of extensive exploration. First, they will contact your government (family) sign
professional contracts (wedding) and mine you professionally (legal marriage). But if you
leave your precious minerals uncovered on the surface of the earth, you will always attract
illegal miners that come and mine illegally. Everyone will just pick up their crude
instruments and just dig them like that. Keep your bodies deeply covered, like precious
minerals that should cause serious professional miners to chase you’.
4. Compare and contrast sexism and patriarchy
5. Identify and discuss constitutional provisions that advance gender equality?
6. Using feminist legal thought discuss the changes needed in the Constitution to
adequately address gender inequality

Topic (b)

1. Discuss the relationship between direct and indirect discrimination. Illustrate with
legal examples from the following areas; the workplace, violence, health and access to
land.
2. Identify any particular subject areas of gender relations directly regulated by law in
Malawi that affects you
3. Critically analyse section 14 -17 of the Gender Equality Act and discuss why they are
crucial for realising the right to education

Topic (c)
 Does gender mainstreaming result in engendering meaningful policy change?
 how is gender mainstreaming a form of theory?

Topic (d)

 Critically analyse how establishing the rule of law and addressing the myriad
obstacles to women’s access to justice is an essential component of reducing gender-
based violence and discrimination.
 Discuss why law on mandatory HIV testing and disclosure of HIV positive status by
health providers would be discriminatory
 Read the facts below and answer questions that follow.

Mary, Martha and John are triplets attending school at Malango Primary School. The school
is very far and takes them 30 minutes walking to get there. Their father, Mijo bought a
bicycle for John to use when going to school and also earn a little money after school by
carrying people on the bicycle at a fee. On days when there is a lot of activity at their trading
centre- like a market day (twice a week) or political rallies, Mijo encourages John to skip
school and carry out the business of ferrying people on his bicycle. John is 13 years old and
is in standard 4. He repeated some classes.
Martha is in standard 6, she is repeating the class. Last year she started having menstrual
periods and missed so many classes because of initiation ceremony. She also missed classes
because the school toilets were not properly covered with grass for privacy and there was
usually shortage of water for proper hygiene. So on days when her periods were very heavy
and needed to change her sanitary pads frequently, she stayed home. This year these
problems have been corrected by an NGO on girls’ education in the area. However her
teacher Thom is constantly targeting her with sexist jokes due to the visible physical changes
after puberty. He comments on her breasts size, her body weight and hips. He even accuses
her of continuing to come to school only to get a school teacher to marry her like Mima who
was also in standard 6 when she got impregnated and forced into marriage with the former
standard 6 teacher.
Thom like most teachers at the school did not complete his teacher’s training school and thus
has no qualification in teaching. He got the job through the Member of Parliament in the area
who forced the Ministry of Education to employ unqualified teachers into the rural schools
and maintain qualified teachers in the urban areas. Half the school has untrained teachers
who cannot even hold a conversation in English and hence they use Chichewa mostly as the
language of instruction. Since the employment of the unqualified teachers the number of
students selected from the school has gone down. Only one pupil was selected into a
government secondary school last year compared to 36 pupils five years ago, 13, 6 and 4
pupils in the other years respectively.
Mary is in standard 7 and a star in her class. She is doing so well and is enthusiastic about
learning. Her class teacher encourages her to continue working had to become the first
female in the village to make it to College of medicine. Memory the class teacher goes an
extra mile in teaching her class and motivating them to learn. Through her own initiative she
has managed to get donations of school materials like desks, chairs, books, pens etc from
development partners and NGOs. Half the number of desks and chairs donated to the school,
have been taken by the main political party leaders in the area with permission from relevant
government officials for use at their offices and rallies. The head teacher has also sold some
of the materials and although this has been reported to police, he has not been arrested.
Memory has written you a letter informing you of all these things at her school plus the fact
that there is use of corporal punishment which negatively affects pupils as some pupils have
ended up in hospital. She also points out that the school sometimes is closed for political
activities during the term especially close to elections. She also informs you that the heard
teacher has withdrawn all pupils with disabilities including Mary, on grounds that the
resources used to accommodate them and ensure quality education with other learners will be
used for other pressing needs at the school. He has advised all parents to pay month fees for
such pupils in order to facilitate their continued education

a) Use any theory to analyse the facts above and identify the gender issues and propose
solutions or actions to be taken
b) Based on the laws in Malawi and international obligations, how has the government
violated its duty to ensure gender equality in education?

21. Name of Lecturer: NGCIMEZILE MWESO. LLD