for the protection and promotion of the participation of children in all matters and
decisions that impact on them at these levels.
138.
The Child Rights Act (2007) expressly protects the rights of children to freedom of
expression, which embraces the right to be heard and participate in decisions that
impact on the child. Section 31 provides that no person may deprive a child capable
of forming views the right to express and opinion, to be listened to and to participate
in decisions which affect his or her welfare. The opinion of the child must be taken
into account and given due weight in accordance with the age and maturity of the
child.
139.
Additional provisions in the Child Rights Act, as supported by the amended Children
and Young Persons Act (Cap 44, 1960) and Child Justice Strategies of 2005 and 2013,
recognize and improve the rights of children to participation and representation
in judicial and quasi-judicial (including community dispute resolution structures)
hearing matters related to children in conflict with the law and which involve children
as victims or witnesses. These measure, which have sought to ensure children’s
participation, through obliging their participation as well as through innovations
aimed at expediting and making procedures less intimidating, are described in
detail in part 9 of the report under the heading Special Protection Measures for
Children in Contact with the Law.
140.
There is a tension between a number of customary and religious laws and practices
in Sierra Leone and the promotion and realization of children’s rights to be heard and
participate in decisions that impact on them. For example, in the case of customary
law of marriage, young girls could be married against their will; their consent not
being required for a valid marriage. This practice is now outlawed by the Child Rights
Act as well as the Registration of Customary Marriages and Divorce Act (2007). In
terms of both laws, consent of all parties is a requirement for the conclusion of a
valid marriage.
141.
In addition, civil society organizations and other partners within the CPN engage in
advocacy at a family and community level to promote the value of and obligations
on parents and communities to ensure their children’s participation in matters that
affect them.
5.3 Freedom of thought, conscience and religion (article 9)
142.
The Constitution of Sierra Leone guarantees the right of every person, including
children to enjoyment of freedom of thought, conscience and religion. Moreover, it
expressly imposes a duty on all citizens to respect the religions of other individuals.
143.
The right is expressly protected in the education context. The Constitution provides
that, except with his or her consent, no persons attending an place of education shall
be required to receive religious instruction or take part in any religious ceremony
or observance if that religion is any other than his or her own. In addition, the
Education Act (2004) guarantees the principle of non-discrimination and protects
the rights of parents to establish and maintain and enrol their children in separate
educational systems established for linguistic or religious purposes.
5. Civil Rights and Freedoms
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