Article 18
The right of the existence of a family, the aged and disabled and to ensure the protection
from all forms of discrimination against women.
Legal framework
The Constitution of Sierra Leone in section 13(h) recognises the existence of a family. In
addition, section 8 (3) (f) provides for the protection, care and welfare of the aged, young
and disabled, and for the protection against discrimination on account of sex in terms of
employment.
General Practise
The Child Rights Act of 2007 makes provision for the protection of the family as a
whole, and the child in particular. The Children and Young Persons Act, provides for the
security of children and young persons against offences such as rape, indecent assault,
and forced labour.
Further, the National Health Maternity Protection Strategic Plan protects the health of
pregnant women and children aged five and under. In addition, the Free Medical Heath
Programme caters for maternity protection. As such, women cannot be discriminated
against due to maternity reasons.
In the process of domesticating the Convention on the Elimination of all Forms of
Discrimination against Women (CEDAW), three Bills were enacted. These were The
Registration of Customary Marriage and Divorce Act16, the Devolution of Estates Act
and the Domestic Violence Act commonly called the three Gender Acts. The
Registration of Customary Marriage and Divorce Act protect persons entering into
customary marriage from forced marriages in line with traditional customs and practices.
In general, marriage under whatever law, be it under the Christian Marriage Act, the
Muslim Law or Civil Law, is entered into by two adults ( aged 18 years and over).
In addition, Sierra Leone has taken certain measures to protect women in many areas
including ensuring that women are sent on paid leave or leave with social security
benefits and guarantees against dismissal for working mothers, irrespective of their
marital status during a reasonable period before and after childbirth.
In addition, there is an affirmative action gender policy which protects and promotes the
rights of women. In addition, 50/50 a women’s activist group in Sierra Leone participated
in the development of the HIV strategy and there is currently a national campaign
involving many women’s groups across the country working on the enactment of a bill
that would guarantee a minimum of30% quota representation of women at decision
making levels in line with the Truth and Reconciliation Commission’s
recommendations. Also, the Prevention and Control of HIV and AIDS Act is currently
under review to protect women infected with the virus in particular against all forms of
discrimination.
However, despite the tremendous strides taken including the signing and ratification of
CEDAW, the provisions of CEDAW have not been fully domesticated and as such, vital
provisions which protect women are still not in use in Sierra Leone.
16
Act No. 1 of 2009 supersedes The Registration of Customary Marriage and Divorce Act No. 24 of
2007
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