the statement not in his official capacity, probably, coupled with official action
by the Respondent to punish the Minister or removing him from office.
It must be noted that the performance of functions of the Ministers of State are
within the legal architecture of the state and for that matter has the full legal
backing of the state. The remedies provided by the Respondent in its efforts to
mitigate the effect of the breach on the victims by establishing different schools
for the victims and distancing itself from the acts of the Minister could not be
exonerative of its liability for the wrongful act of its agent.
In the light of the foregoing analysis of the facts and the legal considerations
pertaining to the case, the Court finds that, contrary to the submissions of the
Respondent, the Minister’s statement is attributable and imputable to the
Respondent and same amounted to an unlawful ban on pregnant adolescent
girls from attending school and the Court so holds.
3. WHETHER FROM THE FACTS AS PRESENTED BY THE APPLICANT THERE
EXISTS DISCRIMINATION AGAINST PREGNANT SCHOOL GIRLS IN SIERRA
LEONE.
Another allegation by the Applicant against the Respondent is discrimination
against pregnant girls in education. The Applicant cited discrimination arising
from the violation of Articles 1, 3 and 4 of the United Nations Educational,
Scientific and Cultural Organisation Convention against Discrimination in
Education; Articles 2, 3, 4 and 28 of the Convention on the Rights of the Child;
Articles 2, 3, 5(a) and 10 of the Convention on the Elimination of all forms of
Discrimination against Women; Articles 2(2), 3 and 13 of the International
Covenant on Economic, Social and Cultural Rights; and Articles 2, 26 and 28 of
the Universal Declaration of Human Rights.
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