(established by the Act) for discussion and resolution, where possible,
through community dispute resolution for a such as the Bare.
210.10 In a similar vein, and with the express objective of recognizing and building
on the strength and legitimacy of the chiefs and other traditional authority
figures, the act allocates a significant role to these leaders in the Child
Welfare Committees (CWCs) and Child Panels established by the act to
deal with issues affecting children’s welfare. However, to ensure a balance
between respect for traditional practices and the rights and best interests of
the child, the jurisdiction of these quasi-judicial structures at a local level is
expressly limited. The act prohibits CWCs and local authorities from dealing
with serious cases of child abuse. All cases of murder, rape and other sexual
offences must be referred to the police for investigation and prosecution.
210.11 The Act obliges all service providers, parents and community members that
are aware of cases of child sexual or other forms of abuse to the family
support units within the Sierra Leone Police which is in turn required to
maintain a register of child abusers and to take special measures to protect
the children so reported.
211.
The protection provided by the Child Rights Act is further strengthened by the
Registration of Customary Marriage and Divorce Act (2007). The latter act amends
the customary law governing the marriageable age of children (which is puberty)
to align with the ACRWC. It makes 18 years the minimum age of marriage, subject
however to the proviso that children under 18 years may marry if they and their
parents’ consent thereto. In this regard it conflicts with, and is rendered invalid by
the Child Rights Act.
212.
The Domestic Violence Act (DVA), 2007 strengthens the protection of children against
violence in a domestic setting. The act repeals the common law position which regarded
domestic violence as lawful if it was “reasonable”. The common law and abuse-tolerant
customary laws meant that domestic violence was seldom, if ever, reported and
accepted as an inevitable part of life. Where matters were reported, the police’s family
support units could do little but mediate and send women and children back to their
violent home environments (Coalition on Women's Rights, 2007). The DVA introduced
a fundamental change in that it makes domestic violence a criminal offence. This
includes violence against children in a domestic relationship, which would include
the use of violence by parents as well as by responsible adults in care institutions such
as schools (including corporal punishment). The act provides a number of protective
remedies, including mediation, prosecution and protection orders.
213.
A Code of Conduct for Teachers and Other Education Personnel was developed by
the Ministry of Education, Science and Technology (MEST) in 2009 which provides
direction on the prohibitions, roles and responsibilities of educators and other
relevant role players not to abuse or mistreat children in their care, to report cases
of suspected abuse and to refrain from the use of corporal punishment and engage
in positive disciplinary practices.
214.
Most recently, the Sexual Offences Act, 2012 has substantially increased the level
of protection of children against sexual abuse. It has increased the age of lawful
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Government of the Republic of Sierra Leone Initial Report on the African Charter on the Rights and Welfare of the Child 2002-2014