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children’s rights

Mpando v. Mpando

The petitioner sought a dissolution of her marriage to the respondent on the grounds of cruelty and additionally sought custody of their four-year-old child. As the respondent had already admitted to beating the petitioner throughout the course of their marriage and pleaded guilty to domestic violence in a lower court, the court ordered that the couples’ marriage be dissolved.

Munthali v. Mitawa

The landmark case stating that a married woman may, during the course of her marriage, acquire property independent of her husband. As long as the wife carries the burden of proof of showing that the property was purchased or received independently, she may own any property independent of her husband during the marriage, and will continue to own it independently after a divorce. The plaintiff was the daughter of the deceased and the defendant was the husband of the deceased. The deceased and the defendant had children, who were in the custody of the plaintiff.

Mutter-Kind-Pass-Verordnung (MuKiPassV) (Mother and Child Passport Regulation)

This regulation aims to ensure that pregnant women and their children have access to necessary basic medical care by tracking medical examinations received with a so-called mother-and-child-passport issued by the Federal Ministry of Health. Basic medical care includes, at least, five medical examinations of the pregnant woman and nine examinations of the child until the child reaches the age of 62 months. The regulation specifies contents, time intervals, and the information that should be included in the mother-and-child-passport. According to Sec.

National Strategy on Violence against Women, Domestic Abuse, and Sexual Violence (Wales)

Pursuant to the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015, the Welsh Government published the National Strategy on Violence against Women, Domestic Abuse, and Sexual Violence.  The National Strategy stated six objectives: 1) increase awareness and challenge attitudes of violence against women, domestic abuse, and sexual violence across the Welsh population; 2) increase awareness in children and young people

National Vetting Bureau (Children and Vulnerable Persons) Act 2012

The Acts provides that a ‘relevant organisation’ shall not employ/contract/permit any person to undertake relevant work or activities (relating to children or vulnerable persons) on behalf of the organization, unless the organization receives a vetting disclosure from the National Vetting Bureau of An Garda Siochána in respect of that person. The Act defines relevant work or activities as ‘any work or activity which is carried out by a person, a necessary and regular part of which consists mainly of the person having access to, or contact with’ children (Part 1 para.

Penal Code Chapter 7:01, Chapter XV: Offences against morality (abduction, forced marriages, and sex work)

Per section 135, taking or detaining a woman of any age against her will for the purpose of marrying or engaging with her sexually (either for oneself or for another) is prohibited and punishable by seven years of imprisonment. Section 136 prohibits taking a child from the custody or protection of a parent or lawful caregiver against the will of such parent or caregiver and punishes the offence as a misdemeanor.

Penal Code Chapter 7:01, Chapter XV: Offences against morality (incest)

Section 157 prohibits any male person from having sexual relations with a female person who he knows is his granddaughter, daughter, sister, or mother regardless of whether consent was given. The offence is a felony punishable by imprisonment for five years, or for life if the female person is under the age of 18. Furthermore, an attempt of the offence is punishable as a misdemeanor. Upon conviction, courts also have the power to divest a male offender of any authority over a female under the age of 18 against whom the crime was perpetrated.

Penal Code Chapter 7:01, Chapter XV: Offences against morality (sexual violence relating to girls and minors)

Amendments to Malawi’s Penal Code in 2023 included an increase of the age of “child” from 16 to under 18 years old and added sexual crimes by women against boys. Per section 138, an adult who has sexual intercourse with a child of the opposite sex is punishable by life imprisonment, or 21 years of imprisonment for attempt. It is a defense to these crimes if the perpetrator is no more than two years older than the child and the child consented.

Penal Code Chapter 7:01, Chapter XVA: Offences against morality relating to children

Section 160B prohibits engaging in sexual activity with a child under the age of 18, an offence punishable by 21 years of imprisonment generally and life imprisonment where there are aggravating circumstances. Aggravating circumstances include: (i) being armed or presenting as armed; (ii) being in the company of other persons; (iii) endangering the victim; (iv) acting to substantially degrade the victim; and (v) being in a relationship of proximity and authority with the child, such as a step parent, foster parent, teacher, or guardian.

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