The Respondent, the Republic of Sierra Leone is a Member State of ECOWAS and
signatory to the ECOWAS Treaty and the Convention on the Rights of the Child,
The Charter is recognised and adopted by the ECOWAS State parties. The
implication is that the Respondent is bound by its provisions and that of the
Convention on the Rights of the Child (CRC) and other International Human
Rights instruments to which it has assented to.
From the above analysis of the law and facts as presented, especially the claim
by the Applicant in paragraph 5.7 of its originating application which was not
rebutted by the Respondent, it is obvious that the action of the Respondent is
discriminatory against pregnant school girls, and this Court so holds. This court
comes to this conclusion because there is no reasonable justification for the
differential treatment meted out to the pregnant girls who were in school
before becoming pregnant.
In the case of ORSUS & OTHERS V. CROATIA (Application no. 15766/03) decided
by the European Court of Human Rights on 16th March, 2010, in which the court
was called upon to decide on what constitutes discrimination in Education, the
Court stated in part that:
“It is discriminatory to segregate especially when there is no reasonable
justification for the different treatment.”
In the above case, the Applicants were fifteen (15) Croatian nationals of Roma
origin who attended two primary schools between 1996 and 2000. At times they
attended Roma-only classes. In April 2002 they brought proceedings against the
schools alleging, inter alia, racial discrimination and a violation of their right to
education, in that the Roma-only curriculum was significantly reduced in volume
and content compared to the official national curriculum. They also submitted a
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