Malawi

In June 2024, Malawi’s Constitutional Court rejected a legal challenge to the penal code that makes same-sex conduct a criminal offense. The decision contradicts fundamental rights, including the rights to equality and nondiscrimination of lesbian, gay, bisexual, and transgender (LGBT) people, protected under international human rights law. The court’s decision also exacerbated the risks of arbitrary arrests and prosecutions, physical violence, and discrimination against LGBT people in Malawi. Girls and women also face unique risks. Despite an amendment to the constitution, the practice of child marriage remains driven by social and cultural norms and women are encouraged to get pregnant soon after marriage although young women lack accurate information on fertility and emergency contraception.