Summary:

This case challenges the failure of the Republic of Sierra Leone to prevent child marriage, protect victims, and ensure accountability for those responsible.

The applicants argue that the State failed to take adequate measures to prevent the forced marriage of a minor and to protect her from abuse and violence arising from that marriage. They further contend that the authorities did not investigate or prosecute those responsible for arranging the child marriage, despite the applicant being a victim of a criminal offence.

The case also raises concerns regarding the failure of the criminal justice system to take into account the applicant’s circumstances, including the impact of prolonged abuse and forced marriage on her psychological state, during subsequent criminal proceedings against her.

In addition, the application challenges inconsistencies within Sierra Leone’s legal framework, which prohibit child marriage under the Child Rights Act while permitting the marriage of minors under customary law with parental or governmental consent.

The applicants contend that these failures and legal inconsistencies constitute violations of the State’s obligations to prevent child marriage, protect victims, ensure accountability, and provide effective remedies. They seek declaratory relief and measures aimed at strengthening legal and institutional protections against child marriage.