ECOWAS Court holds Sierra Leone for failure to protect a child from child marriage, awards $10, 000.00 in compensation in Adamsay Kabia v. Sierra Leone

ECOWAS Court holds Sierra Leone for failure to protect a child from child marriage, awards $10, 000.00 in compensation in Adamsay Kabia v. Sierra Leone

The Applicants had sought, among others, declarations that:

  • the failure of the Republic of Sierra Leone to take adequate measures to stop all incidences of child marriage;
  • the failure of the Republic of Sierra Leone to investigate the child marriage of Adamsay Kabia and to prosecute those involved is a violation of her rights; and
  • the failure of the Republic of Sierra Leone to take adequate measures to stop all incidences of child marriage is a violation of the right to freedom from gender-based discrimination;

The court held that:

  • The respondent violated the 1st applicants to protection against child abuse;
  • The respondent violated the 1st applicant’s freedom from gender-based discrimination;
  •  The respondent violated its obligation to investigate and prosecute those responsible for child marriage of the 1st applicant

Consequently, the court ordered the respondent to

  • pay the equivalent of $10, 000 in its national currency to the 1st applicant;
  • Investigate and where appropriate prosecute and punish those responsible the child marriage of the 1st applicant;
  •  Provide the 1st applicant with full psychological counselling and full rehabilitation exercise;
  •  Directing the adaption of structural measures aimed at preventing reoccurrence, including public awareness, education initiative and strengthen accountability mechanism; and
  •  submit a report within six months of measures taken to implement the decision.

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