different schools with less facilities and standards while their fellow men or boys
who may have impregnated them go about and enjoy regular schools with
better facilities and full curriculum. Such act of segregation is indeed
discriminatory.
Establishing separate schools for pregnant girls with equal standards is not in
itself discriminatory if the rationale is to provide the essential health facilities
and care that the pregnant girls in their precarious condition may need, but will
definitely be discriminatory where the standards compared with the regular
mainstream school are different as presented by the Applicant in paragraph 5.7
of its claim.
This more so, where the affected girls are not given the opportunity to decide
which of the schools to attend. Separating them in this instance is discriminatory
and stigmatising and could be seen as a form of punishment
for being pregnant.
This is further supported by the fact that the Applicant submitted the
statements
of
eight
(8) witnesses
attesting
to
the
segregation
and
discrimination. Six (6) of the witnesses claimed to be victims. The brief of the
Amicus Curiae is also instructive on this.
It is, therefore, the finding of this Court that, from the facts as presented by the
Applicant, there exists discrimination against pregnant school girls in Sierra
Leone occasioned by the institution of the policy barring pregnant adolescent
girls from attending mainstream schools.
Consequently, the
responsibility under
17(1), 18(3) & 25 of
of the Child; Articles
Respondent is in breach of its commitments and
both local and international laws particularly, Articles 2, 3,
the Charter; Articles 28(1) of the Convention on the Rights
1 & 3 of the Convention against Discrimination in Education
and the Court so holds.
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