Two Girls Give Birth During Primary School Exams in Mulanje

The recent incident in Mulanje District, where two girls gave birth during the Primary School Leaving Certificate Examination (PSLCE), starkly highlights the ongoing challenges faced by pregnant adolescent girls in Malawi's education system. While Malawi has a Readmission Policy allowing girls to return to school after childbirth, the event underscores the policy's limitations, particularly its requirement for withdrawal during pregnancy, which can disrupt critical academic milestones like national examinations. This article examines the legal and policy framework governing the right to education for pregnant girls in Malawi, drawing on constitutional provisions, the Child Care, Protection and Justice Act, and the Readmission Policy. It argues that despite progressive steps, the current framework may not adequately safeguard the continuous educational access and well-being of pregnant learners, necessitating a shift towards a more inclusive 'continuation policy' and robust support mechanisms.

A distressing incident unfolded in Mulanje District, Malawi, where two young girls experienced childbirth while actively participating in the 2026 Primary School Leaving Certificate Examination (PSLCE). This event, while deeply personal for the individuals involved, casts a critical spotlight on the broader legal and policy landscape governing the education of pregnant adolescent girls in Malawi. It forces a re-evaluation of the efficacy and human rights implications of existing frameworks designed to ensure educational continuity for vulnerable learners. The incident underscores the urgent need to address not only the physical and logistical challenges but also the systemic barriers that pregnant students encounter, particularly during pivotal academic periods.

The right to education is a fundamental human right enshrined in Malawi's Constitution and international instruments to which the country is a signatory. However, the reality for many girls, especially those who become pregnant, often falls short of this constitutional guarantee. This article will delve into Malawi's legal and policy responses to learner pregnancy, specifically the Readmission Policy, and critically assess its practical application in light of incidents such as the one in Mulanje. It will argue that while the policy aims to facilitate re-entry, its inherent design, which necessitates a break in schooling, can inadvertently undermine the very right it seeks to protect, particularly when it intersects with high-stakes examinations.

Malawi's commitment to education is articulated in its Constitution, which guarantees that all persons are entitled to education, with primary education consisting of at least five years. Section 13 of the Constitution further outlines the State's responsibility to provide adequate resources to the education sector and make primary education compulsory and free. Complementing these constitutional provisions, the Child Care, Protection and Justice Act, 2010 (No. 22 of 2010), consolidates laws relating to children, aiming to provide for child care, protection, and justice, and to protect children from any treatment that is likely to interfere with their education. However, the Act defines a 'child' as a person below 16 years, a definition that has been critiqued for potentially leaving 16-18 year olds without full child protection rights, despite the constitutional age of majority being 18.

In response to the pervasive issue of teenage pregnancy, which significantly contributes to high dropout rates among girls, Malawi adopted a Readmission Policy in 1993, which was subsequently revised in 2016. This policy was a progressive step, moving away from outright expulsion, and aimed to ensure that pregnant girls could resume their education after giving birth. Initially, it stipulated that girls were not allowed to remain in school while pregnant but were expected to return one year after delivery, with only a single opportunity for re-entry. The 2016 revisions sought to streamline the readmission process, requiring students and parents to fill out a standard form and providing for counseling and psychosocial support upon return. Despite these efforts, the policy's fundamental premise of mandatory withdrawal during pregnancy remains a point of contention for advocates of continuous educational access.

The incident in Mulanje brings into sharp focus the practical limitations and potential human rights infringements embedded within Malawi's current Readmission Policy. While the policy is intended to be rehabilitative by allowing re-entry, the mandatory withdrawal of pregnant students inherently disrupts their educational trajectory. For girls sitting for critical examinations like the PSLCE, which determines eligibility for secondary school, any interruption, especially during the examination period itself, can have profound and lasting consequences on their academic progression and future opportunities. The policy, by not allowing girls to remain in school while pregnant, effectively creates a barrier to continuous learning and places an undue burden on young mothers to navigate their health needs alongside their educational aspirations.

Human rights organisations, including Human Rights Watch, have consistently advocated for Malawi to adopt a 'continuation policy' that permits pregnant students, mothers, and/or married girls to remain in school throughout their pregnancy and after giving birth. Such a policy would align more closely with the constitutional right to education and the principle of non-discrimination, ensuring that a girl's pregnancy status does not become a basis for exclusion or academic disadvantage. The current policy, despite its revisions, still perpetuates a form of indirect discrimination by forcing a break in education, which can lead to stigma, reduced academic performance, and ultimately, higher dropout rates.

Furthermore, the incident raises questions about the preparedness of educational institutions and examination bodies, such as the Malawi National Examinations Board (MANEB), to handle such emergencies. While PSLCE rules outline general conduct, they do not publicly detail specific provisions for medical emergencies like childbirth during exams. This highlights a systemic gap in anticipating and accommodating the diverse needs of students, particularly in a context where teenage pregnancy rates remain high. The lack of a robust support system, including confidential access to sexual and reproductive health services and comprehensive sexuality education, further exacerbates the vulnerability of these girls, making it difficult for them to prevent early pregnancies or manage them without disrupting their education.

Comparative analysis with other African nations reveals varying approaches, with some countries moving towards more inclusive continuation policies. While Malawi's Readmission Policy was pioneering in its time, the global discourse on the right to education for pregnant girls has evolved, emphasizing uninterrupted schooling. The Mulanje incident serves as a stark reminder that policy on paper must translate into practical, supportive, and non-discriminatory environments that uphold the dignity and educational rights of all learners, regardless of their circumstances. The societal stigma associated with teenage pregnancy in Malawi also plays a significant role, often leading to ostracization and making it difficult for girls to return to school even when policies permit.

The heartbreaking events in Mulanje underscore the critical need for Malawi to re-evaluate and strengthen its legal and policy framework concerning pregnant learners. While the Readmission Policy represents a commendable effort to prevent permanent exclusion, its current form, which mandates withdrawal during pregnancy, creates significant hurdles for girls, particularly during crucial examination periods. This incident serves as a powerful call to action for policymakers to transition from a 'readmission' model to a comprehensive 'continuation' policy that allows pregnant girls to remain in school without interruption, thereby fully upholding their constitutional right to education and promoting gender equality.

Practitioners should be acutely aware of the existing policy's nuances and its potential impact on their clients. Advocacy efforts should focus on pushing for legislative reforms that align Malawi's education policies with international best practices and human rights standards, ensuring uninterrupted access to education for all girls. Furthermore, there is a pressing need for enhanced support systems within schools, including confidential health services, psychosocial support, and comprehensive sexuality education, to create an environment where pregnant students are not only allowed to learn but are actively supported to thrive. The Mulanje incident is a stark reminder that legal frameworks must be responsive to the lived realities of the most vulnerable, ensuring that no girl's future is prematurely curtailed by circumstances beyond her control.