- 4General Principles
4.1 The right to non-discrimination (articles 3 and 26)
100.
The laws of Sierra Leone’s guarantee the right to equality before the law and
enjoyment of the protection and services provided by the law. In addition, their
expressly prohibit discrimination and make provision for the adoption of special
measures to guarantee the rights of vulnerable communities, including children and
people with disabilities.
101.
The Constitution of Sierra Leone expressly provides that the Social Order of Sierra
Leone shall be founded on the ideals of freedom, equality and justice. To this end, it
guarantees every citizen’s equality of rights, obligations, and opportunities before the
law. Moreover it commits the State to direct its policy towards ensuring that every
citizen, without discrimination on any grounds whatsoever, shall have the opportunity
for securing adequate means of livelihood and commits to the adoption of special
measures to secure the care and welfare of, inter alia, the young and disabled.
102.
The GoSL has taken a number of targeted legislative measures to equalise previously
discriminatory property, inheritance, marriage and divorce colonial and customary
laws and to provide targeted protection to those especially vulnerable to discrimination,
such as children living with disability and children living in poverty. For example:
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102.1
Various laws have been enacted to equalize the rights of children born out
of wedlock. Section 27 of the Child Rights Act, for example, states that “no
person shall deprive a child of reasonable provision out of the estate of a
parent, whether or not born in wedlock”. Additionally, the Devolution of
Estates Act, 2007 (Act No. 21) secures the property rights and maintenance
of children and the surviving spouses of any person who has died intestate
through provisions that ensure that they benefit from the deceased estate,
regardless of whether the child was born of a lawful marriage, was adopted
or whether the family follows customary laws. The National Social Security
and Insurance Trust Act (the NASSIT Act, 2001) also makes widows/widowers
and their children as primary beneficiaries to benefits due survivors of a
deceased NASSIT Pensioner.
102.2
The right to citizenship has been extended, and thus equalized through an
amendment to the Sierra Leone Citizenship Act (1973) which grants dual
citizenship, not only to Sierra Leoneans falling into a the category of persons
“of Negro African descent” but also those whose “mother or father and any
of the grandparents of the mother or father is or was a Negro of African
descent”.
Government of the Republic of Sierra Leone Initial Report on the African Charter on the Rights and Welfare of the Child 2002-2014