Beyond Neutrality: Constitutional Rights, Feminist Theory, and the Illusion of Gender Equality in Malawi's Laws on Pornography, Prostitution, and Sexual Harassment

This article interrogates the extent to which Malawian law achieves substantive gender equality in its regulation of pornography, prostitution, and sexual harassment. While formally neutral statutes and constitutional guarantees suggest parity between men and women, a critical feminist legal analysis reveals persistent structural biases that disproportionately burden women. Drawing on Sections 20, 21, 23, 29, and 42 of the Malawi Constitution—as well as relevant statutory provisions including the Penal Code, Censorship and Control of Entertainment Act, Employment Act, Gender Equality Act, and Electronic Transactions and Cyber Security Act—this paper demonstrates how moral policing, evidentiary burdens, and selective enforcement reinforce patriarchal norms. Using comparative insights from South Africa, Canada (Bedford), and the United States (Meritor Savings Bank v Vinson), the article argues that true equality requires moving beyond formal neutrality toward rights-based, gender-responsive legal reform. The analysis is grounded in doctrinal interpretation aligned with the instructor’s authoritative teaching commentary, incorporating feminist theory to deconstruct the false dichotomy between “public” and “private” spheres. The paper concludes with concrete recommendations for legislative, judicial, and institutional reform to uphold Malawi’s constitutional and international human rights obligations.