154.3
Ensure in the temporary absence of a parent, the child shall be cared for by
a competent person and for children under 18 months, this means someone
older than 15 years; and
154.4
To register the birth of their children and make sure that the names of both
parents appear on the birth certificate, unless the name of the father is unknown.
155.
The Child Rights Act states that the duty to maintain children applies equally to both
parents, whether the child is born in out of wedlock and persists after the death of
one of the parents in terms of the Child Rights Act and the Devolution of Estates Act,
2007. The duty to maintain includes the duty to supply the necessaries of health, life,
education and reasonable shelter.
156.
Should a parent bear a disproportionate burden of care due to the neglect of any
parental duties by the co-parent, such parent may apply to the Family or other courts
for financial or other relief from the co-parent. Family Courts may, in terms of the Child
Rights Act, grant a maintenance order against anyone legally liable to maintain the
child. In the case of maintenance orders to the mother, fathers who have been identified
may be ordered to support the mother, including the payment of medical expenses
during pregnancy, the payment of maintenance to the mother during pregnancy and
for nine months after the birth of the child, and payment of a reasonable sum for the
continued education of the mother if she is a child herself.
157.
The State recognizes and has made legislative and related provision for its
responsibility to provide support to parents in cases of need to enable them to fulfil
their responsibilities to their children. The GoSL has and continues to develop and
implement policies, laws and programmes to provide material assistance to parents,
parenting education and related support, as well as day-care facilities for the safe
and nurturing temporary care of children whilst their parents are at work.
158.
Detailed information about the assistance provided to parents is discussed in detail
in Parts 7 and 8 of this report on the rights to health and welfare and education.
159.
The policy focus in Sierra Leone is shifting towards a stronger developmental and
preventative model of child welfare. Thus, parental assistance programmes that
have recently been developed and which are currently being further developed
focus on the provision of support to build the capacity of parents (and other family
and community-members with associated responsibilities) to adequately guide, care
for and ensure the health, education and overall well-being of their children.
6.2 Separation from parents and alternative care (articles 19, 23
and 25)
160.
46
Articles 19, 24 and 25 oblige the State to secure children’s rights to parental care and
protection, and wherever possible, to reside with their parents; to only be removed
from the care of their parents when such removal is ordered by a court; to ensure
that the system of adoptions ensures the best interests of the child, protection of the
child, recognizes inter-country adoptions in countries that have ratified the UNCRC
and the ACRWC as a measure of last resort, and ensures the protection of children
Government of the Republic of Sierra Leone Initial Report on the African Charter on the Rights and Welfare of the Child 2002-2014