THE REPUBLIC OF THE GAMBIA’S COMBINED REPORT ON THE AFRICAN CHARTER ON HUMAN & PEOPLES’ RIGHTS &
INITIAL REPORT ON THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
The Children’s Act 2005
The Gambia ratified the Convention on the Rights of the Child and the African Charter on the Rights and
Welfare of the Child which were domesticated in the Children`s Act 2005. This primary aim of the Children’s
Act is to protect the child.
Other legal instruments for child protection include the Tourism Offences Act 2003, Trafficking in Persons
Act 2007, Labour Act 2007 and the Women's Act 2010 and its amendment on the criminalisation of FGM in
2015, The Criminal Code which contains offences and provides penalties for violators and perpetrators.
The Children`s Act, defines a child to be a person under the age of eighteen and the Criminal Code
prescribes the age of criminal responsibility in The Gambia as twelve. This implies that a person under the
age of twelve years is not criminally responsible for any act or omission, except it can be proved that at the
time of committing the act, or making the omission, the person had the capacity to recognise that what he
or she was doing was wrong.
Advancement of Children’s Right
Minimising the costs of education: Scholarship schemes and other incentives are provided to
promote girls’ education. In the public schools, schooling is tuition free up to Grade 9. The
scholarship Trust Fund pays for all the girls from grade 7-12 in Education Regions 3-6. The
President’s Empowerment of Girls Education Project (PEGEP) pays for all the girls in public
schools from grade 7-12 in Regions 1and 2 and also contributes tuition fees for girls in the private
schools. However, these funds are supplemented by regional initiatives and incentives of various
types, including special scholarship packages that cover a wide range of costs from fees, uniforms,
books to mentoring.
Equal gender participation in school management is being promoted through the School
Management Structures (former PTAs). The School Management Committee (SMC) brings on
board people who know the most about the learners and their educational needs, as well as about
local values and realities and is the route to more responsive system. It provides the space for
community participation and is more equitable as poor households have a stronger and more
effective voice in local community institutions in which they play a role in framing priorities and in
holding school providers accountable.
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