The Applicant claims that the statement by the Minister cemented an informal,
sporadic practice into government policy effectively formalising the policy and
exacerbating the position of pregnant girls. The Applicant states that the
statement brought about stigmatisation of pregnant girls in school leading to
most of them dropping out of school which actions the Applicant describes as
discriminatory against the pregnant school girls.
The Respondent in its Defence to the Applicant’s averments admitted the fact
that the statement was actually made by the Minister of Education but added
that it was
immediately reversed by the Government.
It also admitted that
separate schools were established for pregnant girls to cater for their welfare. It
did not deny in its defence, the issue of reduced subjects for pregnant girls to
only four (4) and the fact that the schools only operate three (3) times a week
unlike the regular schools. It also did not provide sufficient information or facts
to disprove the Applicant's claim that the established schools were far short of
standards compared to the mainstream schools.
From the facts as provided above, can the actions of the Respondent be said to
be discriminatory against pregnant girls in education in contravention of the
Articles cited by the Applicant to justify the reliefs sought?
The Black’s Law Dictionary, 7th Edition defines discrimination as:
1.
The effect of a law or established practice that confers privileges on
a certain class or that denies privileges to a certain class because of
race, age, sex, nationality, religion or handicap.
2.
Differential treatment; especially a failure to treat all persons
equally when no reasonable distinction can be found between those
favoured and those not favoured
2