124.12
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Decriminalize consenting relations between persons of the same sex, prosecute the perpetrators of the growing attacks against persons belonging to the lesbian, gay, bisexual, transgender and intersex community, and guarantee that those persons do not face de jure or de facto discrimination
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.13
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Decriminalize lesbian, gay, bisexual, transgender and intersex status and conduct
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.14
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Repeal those sections of the Malawi Penal Code that criminalize same- sex sexual activity between consenting adults and those that criminalize the gender identity and/or expression of transgender people, such as the prescription for the appearance of men
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.16
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Increase access to and the availability of quality health services for lesbian, gay, bisexual, transgender and intersex persons
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Right to health
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.17
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Protect and fight discrimination against and stigmatization of lesbian, gay, bisexual, transgender and intersex persons
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Discrimination
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.18
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Take measures against discrimination against lesbian, gay, bisexual, transgender and intersex persons and fight impunity for violence based on gender identity and sexual orientation by revising national legislation in order to explicitly include gender identity and sexual orientation among the prohibited grounds of discrimination
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Discrimination
- Gender-based violence
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.19
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Decriminalize consensual sexual relations between adults of the same sex and expand its anti-discrimination legislation to include a prohibition of discrimination on the basis of sexual orientation and gender identity
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Discrimination
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.20
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Uphold the principle of non-discrimination by decriminalizing consensual same-sex relations, and explicitly include sexual orientation and gender identity among the grounds of discrimination prohibited by the Constitution
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Discrimination
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.21
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Repeal all legal provisions criminalizing consensual same-sex relations and prevent discrimination and abuse against lesbian, gay, bisexual, transgender and intersex persons
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Discrimination
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.22
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Repeal sections 137A, 153, 154 and 156 of the Penal Code and develop comprehensive legislation that prohibits any discrimination on the basis of sexual orientation or gender identity
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Discrimination
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.23
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Decriminalize formally consensual same-sex relations between adults, and introduce comprehensive anti-discrimination laws inclusive of the lesbian, gay, bisexual, transgender, queer and intersex community
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.24
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Decriminalize same-sex relationships and repeal legislation that discriminates against lesbian, gay, bisexual, transgender and intersex persons
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.25
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Repeal all legal provisions criminalizing sexual activity between consenting adults, and mandate the Malawi Human Rights Commission to protect the rights of the lesbian, gay, bisexual, transgender and intersex community
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- National Human Rights Institution
- Sexual Orientation and Gender Identity
- Date modified
- Oct 27, 2021
124.15
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Prohibit discrimination based on gender, gender identity or sexual orientation in all aspects of social life
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Discrimination
- Sexual Orientation and Gender Identity
- Women's rights
- Date modified
- Oct 24, 2021
124.36
- Cycle
- Cycle 3 (2017 - 2021)
- Session
- 36 - May 2020
- State under Review
- Recommendation
Take concrete legal and policy measures, including the provision of adequate human rights training for health personnel, to eliminate all forms of stigma and discrimination in health settings, in particular against women and girls, lesbian, gay, bisexual, transgender and intersex persons, persons affected by HIV/AIDS and persons with mental health conditions and psychosocial disabilities
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- HIV - Aids
- Human rights education and training
- Right to health
- Sexual Orientation and Gender Identity
- Date modified
- Oct 22, 2021
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Bring its legislation in conformity with international law, by decriminalizing consensual same-sex relations between adults and by prohibiting all discrimination based on sexual orientation and gender identity
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Repeal the provisions in the Criminal Code that criminalize consensual same-sex conduct, and any other legislation which discriminates on the basis of sexual orientation or gender identity, and bring its legislation in line with Malawi's obligations under international human rights law
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- International instruments
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Combat, in law and in practice, discrimination based on sexual orientation
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Guarantee that people of the lesbian, gay, bisexual, transgender and intersex communities have effective access to health services, including treatment for HIV/AIDS
- Recommending State
- Action Category
- 4 - General action
- Response
- Supported
- Issues
- HIV - Aids
- Right to health
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Repeal all legal provisions criminalizing sexual activities between people of the same sex
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Eliminate existing norms against homosexuality, in particular articles 137, 153, and 156 of the Penal Code
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Include sexual orientation and gender identity among the prohibited grounds of discrimination and repeal the provisions criminalizing homosexual relations between consenting adults
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Repeal provisions of the Malawi Criminal Code that criminalize consensual, adult same-sex conduct (sections 153, 154 and 156) and provide adequate protection to lesbian, gay, bisexual and transgender persons
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Repeal legal provisions that criminalize homosexuality, and take all necessary measures to ensure respect for all human rights of lesbian, gay, bisexual, transgender and intersex people, including access to public health services and support initiatives, such as education programmes and the provision of disease and infection care
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Right to education
- Right to health
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Review and reform its national legislation with a view to eradicating all discrimination on the basis of sexual orientation and gender identity
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Abrogate legislation criminalizing homosexuality, in order to fully respect the principles of equality and non-discrimination for all persons
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Repeal provisions criminalizing consensual same-sex sexual conduct in order to bring the penal code in line with international human rights obligations
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- International instruments
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Ensure to lesbian, gay, bisexual, transgender and intersex persons the full enjoyment and equal conditions in terms of their human rights by repealing the rules that criminalize and stigmatize them
- Recommending State
- Action Category
- 4 - General action
- Response
- Noted
- Issues
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Modify the criminal code to decriminalize same-sex sexual activity between consenting adults and to criminalize all forms of sexual abuse of children, regardless of the sex of the child
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- Rights of the Child
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019
N/A
- Cycle
- Cycle 2 (2012 - 2016)
- Session
- 22 - May 2015
- State under Review
- Recommendation
Repeal all legal provisions criminalising sexual activity between consenting adults and encourage the Malawi Human Rights Commission to include in its mandate the protection of the rights of the lesbian, gay, bisexual, transgender and intersex community
- Recommending State
- Action Category
- 5 - Specific action
- Response
- Noted
- Issues
- National Human Rights Institution
- Sexual Orientation and Gender Identity
- Date modified
- Nov 29, 2019