102.3
The Persons with Disability Act, 2011 (Act No. 3) has been enacted to protect
the rights of persons with disability. It establishes a National Commission for
Persons with Disability which is tasked with the responsibility of prohibiting
discrimination and equalizing opportunities for people with disability. The
act expressly provides that persons with disability, including children with
disability, shall enjoy the following rights: right to free education, protection
from discrimination in educational institutions, provision of free medical
services, compulsory screening at health centres, and, inter alia, prohibition
of denial of employment and protection from discrimination in employment.
102.4
In addition, various policies and programmes have been introduced, and
are discussed in detail in the relevant substantive parts of this report, which
introduce special measures to equalise opportunities for children especially
vulnerable to exclusion from enjoyment of their rights. For example, primary
education has been made free to address the exclusion of many children living
in poverty from enrolling and completing school. Similarly, special measures
have been introduced to subsidize the secondary school costs of girls which
have been excluded in part through the customary preference given to boys
and tertiary education is provided free for children with disability. Health
care is also provided free of charge to pregnant women and children under
the age of five years, and policy provision is made for the provision of free
medical care for children who have been abused and children with disability.
102.5
Not only the law, but also governance arrangements have been designed
to advance equality at a local level. The GoSL has decentralized the power
to administer national policies and laws and to administer budgets to local
government through the Local Government Act, 2004. The rationale underlying
this is premised on the “core principle of non-discrimination to ensure and
maintain government’s decentralized but equal treatment of men, women and
children everywhere.” The underlying assumption being that local government
is best placed to monitor, recognize and respond to the most vulnerable groups
within communities through appropriate by-laws and allocation of funds and
other resources for the provision of essential health, education and other basic
services.
103.
Whilst the legal framework for securing equality and freedom from discrimination is
gaining strength, vulnerable children and their caregivers do continue to experience
widespread de facto discrimination and exclusion from the benefits and protection of
the law. As is discussed in the relevant substantive components of the report, children
living in poverty, children who do not live with their biological parents, children living
in rural areas, children with disabilities, young pregnant girls, children in certain
under-developed regions and districts, and children living under customary law do not
enjoy equal access to the services and protection provided by the laws of Sierra Leone.
104.
The GoSL has made the remediation of discrimination experienced by children
along historical equity fault lines a national developmental priority. The Agenda for
Prosperity recognizes inequality as a key barrier to development and thus commits
to remedying inequities, especially for children, women and people with disabilities
through ongoing strengthening of the legal and policy framework and the allocation
of additional resources.
4. General Principles
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