III. Domestication of the Charter
Article 2
Every individual shall be entitled to the enjoyment of the rights and freedoms
recognised and guaranteed in the present charter without distinction of any kind
such as race, ethnic group, colour, sex, language , religion, political or any other
opinion, national and social origin, fortune, birth or other status.
Legal framework
In Act No.6 of 1991, which is the Constitution of Sierra Leone, section 15 of the
same protects the fundamental human rights and freedoms of all individuals.
General practice
The abovementioned section in the Constitution offers protection in the same
manner given by the Charter. It is all embracing as it provides for nondiscrimination, guarantees fundamental rights and offers limitations in cases so
needed with specific guidelines for any such limitation imposed.
Notwithstanding the Constitutional protection afforded, Act No. 9 of 2004 established
the Human Rights Commission of Sierra Leone with a mandate to promote and protect
human rights by policing and investigating violations and ensuring that there is redress
in the case of a/any violation/s. this has been an exalted institution as it was awarded A
accreditation by the International Coordinating Committee for its exemplary work in the
field.
It ensures that there are no derogations from the fundamental rights guaranteed
under chapter three of the Constitution and even when there is it should follow the
proviso set out by the same.
Article 3
Every individual shall be equal before the law. Every individual shall be entitled
to equal protection of the law.
Legal Framework
The Constitution in section 23 guarantees equality before the law and equal
protection of the law. It denotes that all persons charged with a criminal offence
shall be tried by an impartial and competent court, and shall be permitted to
defend himself in person or by a legal practitioner of his choice. In addition, a
person so charged shall be afforded facilities to examine witnesses called to
testify before a competent tribunal on his behalf, be permitted to have an
interpreter if he cannot understand the language of the tribunal and shall be given
adequate time and facilities for the preparation of his defence. Furthermore, such
person shall be presumed innocent until proved guilty.
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