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Public Opinion

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History

Homosexual activity in Northern Region

?

Homosexual activity in Northern Region is illegal (imprisonment as punishment).

Current status
Since 2011
Illegal (imprisonment as punishment)
In 2011, Malawi amended its articles that criminalize homosexuality between men to also include sex between women. The punishment is a maximum of fourteen years in prison with corporal punishment.

In June of 2024, Malawi's Constitutional Court upheld the laws that criminalize homosexuality after a challenge was made.
Details
Sources:
www.humandignitytrust.org/c…
www.hrw.org/news/2024/07/11…
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Male illegal, female legal
In 1960, English criminal law was imposed on Malawi, thereby criminalizing homosexuality. The punishment is a maximum of fourteen years in prison with corporal punishment.
Details
Sources:
www.humandignitytrust.org/c…
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Same-sex marriage in Northern Region

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Same-sex marriage in Northern Region is banned.

Current status
Since Apr 17, 2015
Banned
In April of 2015, Malawi’s Marriage, Divorce and Family Relations Law came into effect. The law, among other things, prevents gay marriages from receiving any recognition. It also defines marriage and co-habiting relationships as between a man and a woman.

The law also criminalises heterosexual relationships between transgender and cisgender people of the opposite gender by determining gender as the sex assigned at birth.
Details
Sources:
www.thepinknews.com/2015/04…
theotherfoundation.org/wp-c…
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Censorship of LGBT issues in Northern Region

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Censorship of LGBT issues in Northern Region is no censorship.

Current status
No censorship
In Malawi, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Details
Sources:
www.state.gov/reports/2023-…
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Right to change legal gender in Northern Region

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Right to change legal gender in Northern Region is illegal.

Current status
Since 2015
Illegal under federal Malawi law
Trans Malawians have been denied recognition since the Marriage, Divorce and Family Relations Act in 2015, which determines sex as being the gender assigned at birth. They also face criminalisation under laws against cross-dressing.
Details
Sources:
theotherfoundation.org/wp-c…
ilga.org/wp-content/uploads…
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Legal, but requires surgery under federal Malawi law
National Registration Act 13 of 2010 :
Section 20(1) provides that where a change in particulars of a registered
person materially affect his registration, the district registrar shall record
the change and notify the Director of the circumstances and recommend
that the person be issued with a new identity card.
Section 21(1) provides that every registered person may, when he is
satisfied that his appearance has changed so as to make it likely that his
identity may be questioned, apply to the district registrar for the issue of
a new card with a more recent photograph.
Details
Sources:
ilga.org/wp-content/uploads…
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Gender-affirming care in Northern Region

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Gender-affirming care in Northern Region is banned.

Current status
Banned
Gender affirming care is not provided in Malawi. Trans Malawians often self-medicate as a result.
Details
Sources:
www.cambridge.org/core/jour…
theworld.org/stories/2024/0…
www.southernafricalitigatio…
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Legal recognition of non-binary gender in Northern Region

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Legal recognition of non-binary gender in Northern Region is not legally recognized.

Current status
Not legally recognized
There is no legal recognition of non-binary identities.
Details
Sources:
www.southernafricalitigatio…
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LGBT discrimination in Northern Region

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LGBT discrimination in Northern Region is no protections.

Current status
No protections
The Constitution of Malawi purports to protect all citizens from all forms of discrimination, however it does not refer to gender identity or sexual orientation as protect categories, and the LGBT community in Malawai continues to face discrimination.
Details
Sources:
malawilii.org/akn/mw/act/19…
www.hrw.org/news/2018/10/26…
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LGBT employment discrimination in Northern Region

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LGBT employment discrimination in Northern Region is no protections.

Current status
No protections
The Employment Act does not mention sexual orientation or gender as a protected category.
Details
Sources:
malawilii.org/akn/mw/act/20…
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LGBT housing discrimination in Northern Region

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LGBT housing discrimination in Northern Region is no protections.

Current status
No protections
LGBT Malawians are not protected from housing discrimination.
Details
Sources:
malawilii.org/akn/mw/act/19…
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Same-sex adoption in Northern Region

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Same-sex adoption in Northern Region is unknown.

Current status
Unknown

Intersex infant surgery in Northern Region

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Intersex infant surgery in Northern Region is unknown.

Current status
Unknown

Serving openly in military in Northern Region

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Serving openly in military in Northern Region is illegal.

Current status
Illegal
Homosexuality is illegal.
Details
Sources:
www.forktip.com/lgbt-couple…
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Blood donations by MSMs in Northern Region

?

Blood donations by MSMs in Northern Region is ambiguous.

Current status
Ambiguous
Homosexual activity is illegal in Malawi. The Malawi Blood Transfusion Service (MBTS) does not directly address MSMs in their donor criteria.
Details
Sources:
www.mbtsmalawi.com/faq
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Conversion therapy in Northern Region

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Conversion therapy in Northern Region is not banned.

Current status
Not banned
Conversion therapy is not banned.
Details
Sources:
database.ilga.org/malawi-lgbti
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Equal age of consent in Northern Region

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Equal age of consent in Northern Region is n/a.

Current status
N/A
Not applicable since same-sex relationships are illegal.
Details
Sources:
www.theguardian.com/global-…
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Equality Index ?
10 / 100
Legal Rights
13 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Northern Region to help improve its accuracy.

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