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European Journal of Applied Sciences – Vol. 13, No. 1
Publication Date: February 25, 2025
DOI:10.14738/aivp.131.18111.
Kayuni, S. M. E. (2025). Access to Education Rights - A Case of Malawi. European Journal of Applied Sciences, Vol - 13(1). 12-22.
Services for Science and Education – United Kingdom
Access to Education Rights - A Case of Malawi
Samuel McNeil Elias Kayuni
Social Justice and Human Studies,
School of Social and Human Studies,
Atlantic International University, Pioneer Plaza,
900 Fort Street Mall 905 Honolulu, HI 96813, USA
ABSTRACT
Access to education is a fundamental human right recognized by various
international treaties and national constitutions. In Malawi, the right to education
is enshrined in the Constitution and supported by policies aimed at promoting
inclusive and equitable education for all citizens. However, significant barriers
persist that hinder access to quality education, particularly for marginalized groups
such as girls, children with disabilities, and those from impoverished backgrounds.
This paper examined the current state of educational access in Malawi, highlighting
key challenges such as inadequate infrastructure, insufficient funding, cultural
attitudes towards education, and the impact of socio-economic factors. It also
explored government initiatives and non-governmental efforts aimed at improving
educational access and quality. The analysis underscores the importance of
community involvement and policy reform in addressing these challenges.
Furthermore, this study emphasizes the role of international organizations in
supporting Malawi's educational framework through funding and technical
assistance. By identifying best practices and successful interventions, the paper
aims to provide recommendations for enhancing access to education rights in
Malawi, ensuring that every child has the opportunity to achieve their full potential
through quality education. Ultimately, achieving universal access to education in
Malawi requires a concerted effort from all stakeholders, including government
agencies, civil society, and local communities, to create an inclusive educational
environment that respect and promote the rights of every individual.
Keywords: Education, education rights, sustainable development, human rights, and
Malawi.
INTRODUCTION
Sustainable development goals ascertain that the right to education is a basic and fundamental
human right that has to be ensured at all costs. This has been universalized in different
international and national policies, such as the Universal Declaration of Human Rights (UDHR)
amongst others. The argument further postulates that when an individual has access to
education, they are equally empowered to access other fundamental human rights such as the
right to employment, the right to health and other fundamental rights. However, in the
developing world, the right and access to education is not fully realised as there is a gap
between those who have access to education and those that do not. However, in Malawi, access
to education rights is limited, failing beyond in achieving this fundamental right. This paper
therefore focuses on access to eduction rights within Malawi.
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Kayuni, S. M. E. (2025). Access to Education Rights - A Case of Malawi. European Journal of Applied Sciences, Vol - 13(1). 12-22.
URL: http://dx.doi.org/10.14738/aivp.131.18111
Education Rights: Malawi Perspective
Malawi's education system has undergone significant changes since the country gained
independence in 1964. Malawi is part of the international community and often ratifies treaties
and protocols that detail with the right to promote and enhance education. In theory, Malawi
has to ensure that treaties and protocols ascend to law and become part of operating
procedures. This is ensured under article 211 of the 1994 constitution of Malawi, as revised in
1998, stipulating that all international agreements ratified by Malawi before the Constitution
entered into force on 18th May 1994 are binding on and form part of the Malawi national law,
unless the Malawian Parliament subsequently. Therefore, in theory, conventions such as the
Convention on the Rights of the Child (CRC), International Covenant on Economic, Social and
Cultural Rights (ICESCR), Convention on the Elimination of all forms of Discrimination against
Women (CEDAW), African Charter on Human and Peoples' Rights and the African Charter on
the Rights and Welfare of the Child apply as directly as part of national law.
In addition, Article 13 and 25 of the Malawi Constitution promotes the right to access education.
In essence, Article 13 postulates that the state has to make all efforts to ensure that educational
resources are applied in Malawi and that primary education has to be made free and
compulsory. The clause also postulates that there shall be no discrimination in educational
access, promoting equality in access to education. Furthermore, Article 25 postulates that
primary education shall be made compulsory, with each learner having free access to
education. Nerd (2023) however notes that this clause has not yet been realized as free primary
education in Malawi is still not being practiced. Furthermore, as the clause suggest, private- public partnerships are permissible, provided that they meet regulations. This however has
made education inaccessible to greater population in Malawi as private education is expensive
(Nerd, 2023).
It is pertinent to note that the education system in Malawi is structured into several levels,
which include primary, secondary, and tertiary education.
1. Primary Education: Primary education is free and compulsory for children aged 6 to 13
years. The government introduced the Free Primary Education (FPE) policy in 1994,
which led to a dramatic increase in enrollment rates. However, challenges such as
overcrowded classrooms, inadequate teaching materials, and a shortage of qualified
teachers have persisted.
2. Secondary Education: Secondary education in Malawi consists of four years of schooling
following primary education. While there are efforts to expand access to secondary
education, it remains limited due to high fees and competition for places. Many students
who complete primary school do not transition to secondary education.
3. Tertiary Education: Tertiary education includes universities and colleges that offer
higher learning opportunities. Access to these institutions is competitive and often
limited by financial constraints.
Scholarly literature underscores the urgent need to address hindrances to access to education
rights in Malawi. These studies highlight the challenges faced by rural schools, the
consequences of educational disparities, and the barriers to social and economic mobility. By
building on the insights and findings from previous research, this study aims to contribute to
the existing knowledge and propose potential solutions towards access to education rights in
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Services for Science and Education – United Kingdom 14
European Journal of Applied Sciences (EJAS) Vol. 13, Issue 1, February-2025
the Malawi context. The purpose of the study is to investigate into the access of education rights
in Malawi. The study seeks to explore the benefits of access to education rights on both the
individual and country perspective. It is also the focus of the study to identify barriers to access
to education rights in Malawi. An understanding of the barriers will necessitate the study into
proffering recommendations that can be implemented to ensure that the right to access
education is promoted and realised in Malawi.
PROBLEM DESCRIPTION
In as much as the right to access education is universally accepted, it is yet to be realised in
Malawi. Malawi is a signatory to international conventions such as ICR, ICESCR, UNHR amongst
others that promote the universal access to education. Furthermore, the Constitution of Malawi,
national policies and education white papers also promote the accessibility of education.
According to UNICEF (2024), only 61% of children in Malawi attend primary education and the
rate becomes even lower as learners progress through the education system. This is because
only a third of learners who attend primary school go on to access secondary education, leaving
the majority of children in Malawi lacking access to this fundamental right. This is noted by De
Clerq (2020) who argues that the primary school completion rate in Malwi is at 31% and only
15% enrol into secondary education. This is further challenged by the ratio of pupils to qualified
teachers, which stands at 78:1 in primary schools and 44:1 in secondary schools (UNICEF,
2024). In primary schools, there is an average of 111 students per classroom, which impact on
the access to quality education for learners.
According to Theu (2024), the major issues that limit the access to education in Malawi include
lack of education funding as well as shortage of teachers. This is because the educational sector
is heavily under-funded, as education contributes to less than 10% of budget allocation. There
is lack of education infrastructure in Malawi, especially in public schools, that report high
attendance by learners. As noted by the World Bank (2024), only 4.1% of Malawi’s Gross
Domestic Product (GDP) is allocated to the education sector, making it one of the lowest in the
world. in addition, shortage of teachers also impact on the right to access education. The African
Development Bank reports that this shortage has a significant impact on the quality of
education because classes are often overcrowded, and teachers are unable to give individual
attention to each student (Theu, 2024). However, there are other challenges limiting access to
education in Malawi such as socio-economic issues, inequality, lack of inclusive education
amongst others. These issues have therefore prompted the research on issues of access to
education in Malawi.
RESEARCH OBJECTIVES
The objectives of the study are:
• To investigate the barriers to education access in Malawi.
• To analyze the effectiveness of policies aimed at improving education access in Malawi.
• To explore the impact of education access on socio-economic development in Malawi.
MATERIALS AND METHODS
The study utilised the qualitative approach to enquiry. According to Creswell and Creswell
(2018), the qualitative approach is an enquiry to a phenomenon through utilising the shared
experiences and attitudes of the participants. This means that critical to qualitative research is