5.4 Right to the protection of privacy (article 10)
144.
Article 10 of the Charter requires the State to take measures to ensure that no child
is subject to arbitrary or unlawful interference with his or her privacy.
145.
The GoSL recognizes the right to privacy of person, property and communications as
a fundamental constitutionally protected right. It however also recognizes that the
exercise of the right to privacy and access to information in the case of children is
subject to respect for and maintenance of their best interests and right to a healthy
development. As such the GoSL has enacted a number of laws, including the Sexual
Offences Act, 2012 to protect children against exposure to harmful pornographic
materials or the participation or use of children in making or distributing pornography.
146.
The right to privacy of children involved in court proceedings is protected by the
Children and Young Persons Act and the Child Rights Act. The Child Rights Act
specifies that “a child’s right to privacy shall be respected through the proceedings
at a Family Court” and further that “no person shall publish any information that
may lead to the identification of a child in a matter before a Family Court, except with
the permission of the Family Court.” Moreover, the Act makes any contravention of
the provisions against disclosure of a child’s identify a criminal offence.
147.
The Children and Young Persons Act extends the prohibition against the publication
of the names of children involved in court proceedings beyond the Family Court to
all magistrates and high courts – a prohibition which has been acted on. For example,
a journalist has been imprisoned as a result of failing to comply with the prohibition.
148.
In addition, the testimony of child victims and the proceedings involving children
in conflict with the law are heard in-camera in a separate dedicated juvenile court
which restricts public and media access. These and other measures for the protection
of the privacy of children in contact with the law are discussed in more detail in Part
9 of the report on Special Measures for the Protection of Children in Contact with
the Law.
5.5 Protection against child abuse and torture (article 16)
149.
44
The measures taken by the State to protect children against child abuse and torture
are comprehensively addressed in the next Part 6 of the report under the heading of
Protection against abuse, neglect and exploitation.
Government of the Republic of Sierra Leone Initial Report on the African Charter on the Rights and Welfare of the Child 2002-2014