Mary’s problems started when Amos started sending her chits in class and buying ‘break’ for her from the canteen. One thing led to another during 3rd term holidays, and they ‘did bad manners’. Last week, the school nurse sent Mary home to ‘bring her parents.’ Even though her mother asked for the reason, Mary refused to say. Mary’s parents were shocked at school by the news that their 16-year-old child was pregnant and that the school had expelled her immediately. Amos on given a 3-week suspension and a final warning. Mary’s parents were left confused by this. Why was their daughter expelled while Amos, who is also to blame for what happened, only suspended? Is this legal or fair?
WHAT DOES THE LAW SAY?
By law (Ugandan constitution), everyone is entitled to equal and fair treatment without discrimination because of their social, economic, or gender status.
In addition, The Children’s Act says that it is the right of children to go to school and the duty of parents, the government, and others to ensure that children are educated.
Previously, the Ugandan education policy said that pregnant girls had to leave school after three months of pregnancy. They could only return to school at least six months after giving birth. However, the policy has changed; new mothers and pregnant girls can remain in school and continue their studies just like other children.
This means that if Mary is not ill or unwell, she has the right to attend school, and the school cannot lawfully send her away because of her pregnancy.
However, this does not mean schools cannot punish students for inappropriate behaviour. This remains their right as a means of disciplining their students. However, if the school waits for the child to be confirmed as being pregnant, then they cannot say they are punishing the child for such inappropriate conduct. Instead, it may be seen as the school expelling the child because of the pregnancy, which amounts to discrimination.
Source; BarefootLaw.
📷: UNICEF
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