80. The preamble to the Declaration on the Right to Development makes it plain that development is a process.1 Our reading of section 30(1) of the Constitution and the Declaration on the Right to Development, makes it clear that all persons are entitled to participate in and contribute to economic, social, cultural and political development. Further, the enjoyment of the right to development places emphasis on the need to not only pay attention to the wellbeing of the whole population but particular attention should be given to women, children and the disabled. 81. The Amici passionately submitted that the fact that the overwhelming majority of domestic workers tend to be women makes domestic work gendered. This gendered dynamic is rooted in social and economic inequalities that disproportionately affect women, including limited access to education, employment, and economic opportunities in Malawi. 82. The Convention on the Elimination of Discrimination Against Women (CEDAW) Committee has considered domestic work extensively as a women’s human rights issue. Express reference is made to domestic work throughout its general recommendations on women migrant workers,2 women’s access to justice,3 gender-based violence against women,4 the right of girls and women to education,5 the gender-related dimensions of disaster General Assembly Resolution 41/128: “...development is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom.” 2 General recommendation No. 26: Women migrant workers. 3 General recommendation No. 33: Women’s Access to Justice at par 54. 4 General recommendation No. 35: Gender-based violence against women, updating general recommendation No. 19 at par 29. 5 General recommendation No. 36: The right of girls and women to education at par 33. 1 Page 30 of 45