ENSURING THE RIGHT
TO ACCESS EDUCATION BY PREGNANT GIRLS AND YOUNG MOTHERS
Wednesday 25th
February, 2015: The Human Rights Commission of Sierra Leone (HRCSL) is
concerned about statements made by high ranking officials of the Ministry of
Education, Science and Technology that pregnant girls and pregnant young women
would be barred from taking their exams and going back to school.
The Commission is of
the view that this policy discriminates against women and girls and this
pattern of stigmatising pregnant young women would only worsen their
marginalization as well as their vulnerability. This would also lead to the
violation of their economic, social and cultural rights, more especially their
right to education, livelihood, adequate standard of living and their rights to
participate and contribute to nation building. The effect of the implementation
of this policy will undermine the right to education provided in Section 3 (2)
of the Education Act of 2004 and Government’s National Development Plan, ‘The
Agenda for Prosperity’, particularly Pillar 8 which deals with Gender Equality
and Women’s Empowerment.
It would be recalled
that in its State of Human Rights Report 2011, HRCSL raised the issue of
discrimination by the West African Examinations Council (WAEC) when they
stopped pregnant girls from taking their exams and recommended that “WAEC
should review its policy on forbidding pregnant girls from taking exams and
should provide alternative facilities to ensure that every girl irrespective of
their status can write their exams.”
Pregnant girls and
young mothers must be protected from discrimination by the State as guaranteed
in Section 27 (2) of the Constitution of Sierra Leone 1991, which states that
“……..no person shall be treated in a discriminatory manner by any person acting
by virtue of any law or in the performance of the functions of any public
office or any public authority”. Furthermore Section 4(1) of the Education Act
2004 states that “This Act and any other enactment and administrative
instructions relating to education shall be administered and interpreted in
such a manner as to ensure that there is no discrimination between pupils or
students in the matter of their admission to and treatment in any educational
institution in Sierra Leone…”
HRCSL wishes to draw
the attention of Government to the provisions of International Human Rights
Instruments that it has ratified:
• The Convention on the Rights of the Child (CRC) (1990) Article 28.1 which
calls on State parties to “...recognise the right to education, and with a view
to achieving this right progressively and on the basis of equal opportunity,
they shall in particular; (e) Take measures to encourage regular attendance at
schools and the reduction of dropout rates.”
• Convention on the
Elimination of all forms of Discrimination Against Women (CEDAW) 1981 Part 3
Article 10, which requires “State parties to take appropriate measures to
eliminate discrimination against women and girls in the field of education”.
Additionally, in its latest Concluding Observations on Sierra Leone (2014), the
CEDAW Committee called on the Government of Sierra Leone “to remove all
barriers to school attendance by pregnant girls and young mothers”.
The Commission also
draws Government’s attention to the imperative recommendation of The Truth and
Reconciliation Commission’s (TRC) Report Volume 2, chapter 3, page 212, which
states that the Government must “abolish the practice of expelling pregnant
girls from school”. One of the recommendations in the United Nations Universal Periodic
Review (UPR) 2011 is the implementation of the TRC Recommendations which
Government has undertaken to implement.
HRCSL therefore urges
Government to take the necessary steps to create the enabling environment to
ensure that pregnant girls and young mothers are accepted in schools, take
their exams, continue their education and are not stigmatised and discriminated
against.
Furthermore, HRCSL
calls on Schools and Educational Authorities, National and International NGOs,
Parents, Guardians, Religious and Community Leaders to take responsibility to
support the education of pregnant girls and young mothers.
Whilst HRCSL does not
condone children in schools to be sexually active, their right to access
education must not be compromised.
The Human Rights Commission
of Sierra Leone remains committed to protecting and promoting the rights of all
in Sierra Leone.
(SIGNED)
.........................................................
Commissioner Daphne Olu-Williams
Acting Chairperson
