Court docket orders Achimota College to confess Rastafarian scholar

The Human Rights Court docket in Accra has on Monday (31 Might) ordered officers at Achimota Senior Excessive College to confess one of many Rastafarian college students, Tyron Iras Marhguy.

Tyrone Marhguy, who was denied admission along with one different Rastafarian scholar sued the college as a result of he was denied admission on the Achimota College due to his dreadlocks with a purpose to affirm his basic human proper.

The court docket in granting the appliance held that the refusal of Achimota School to confess Grasp Marhguy on grounds that he was carrying dreadlocks amounted to a breach of his basic human rights and his proper to schooling.

In line with the Affidavit in help of the appliance which has now been decided, Tereo Kwame Marhguy is the organic father and subsequent pal of the applicant, the respondents within the case are the board of governors Achimota Senior Excessive College (1st Respondent) and the Legal professional Common (2nd Respondent).

Affidavit in help

In line with the daddy of the applicant, his son “duly complied with the college choice and examination registration processes. The Applicant in any respect materials occasions was a Rastafarian by faith and that Rastafarianism is a spiritual motion, begun in Jamaica within the Thirties and adopted by many teams across the globe, that mixes protestant Christianity, mysticism and a pan-African political consciousness”.

“A key tenet of Rastafarianism is the carrying of dreadlocks, which is drawn from the Nazarite vow within the Outdated Testomony of the Bible. Specifically, at Numbers 6:5, the place it’s stated “All the times of the vow of his separation there shall no rasor come across his head: till the times be fulfilled, within the which he separateth himself unto the LORD, he shall be holy, and shall let the locks of the hair of his head develop.”

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The affidavit additional states that” the Applicant has due to this fact worn his hair in dreadlocks all through his research on the Junior Excessive College, the place he excelled academically, was a mannequin scholar, and was made Senior Prefect. The dreadlocks have triggered no issues for him, his mates, his academics or the colleges”.

The 58-paragraph affidavit additional notes that “the Applicant’s colleagues who had been admitted into the College by advantage the CSSPS placement have commenced lessons whiles he’s discriminatorily denied similar proper to schooling within the College and he’s at present at house merely due to his expression of his spiritual religion, with out harm to some other particular person. The Applicant has all the time been of fine behaviour in his former faculties and would proceed to take action. And that in a latest media reportage carried out by Citi TV concerning the Applicant in his former faculty, his former academics and faculty mates attested to his constructive conduct and expressed their shock concerning the discrimination being meted towards him”.

“The Applicant believes that except this Honourable court docket intervenes, the first Respondent, its officers, academics and different authorities will proceed to violate his basic and constitutionally assured rights to schooling, faith, administrative justice and proper towards discrimination. I’m knowledgeable by Counsel and respectfully concur with that recommendation that upon a breach of the Applicant’s basic human rights, he’s entitled to hunt redress earlier than this Honourable Court docket” the affidavit acknowledged.

In line with the movement filed on the Human Rights division of the Excessive Court docket, dated the thirty first of March 2021, Tyron Iras Marhguy (Scholar Applicant) suing by the Subsequent Good friend and father, says the choice of Achimota faculty to not admit him due to his hair model is a violation of his Constitutional proper to schooling assured below Article 25 (1)b, and 28 (4) of the 1992 Structure.

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Reliefs sought

The seventeen (17) 12 months previous is due to this fact looking for seven (7) reliefs on the Human Rights Court docket. Among the many reliefs he’s praying for are; “a declaration that the failure and or refusal of the first Respondent, to confess or enrol the Applicant on the idea of his Rastafarian spiritual inclination, beliefs and tradition characterised by his retaining of rasta is a violation of his basic human rights and freedoms assured below the 1992 Structure significantly Articles 12(1); 23; 21(1)(b)(©️); 26(1); 17(2) and (3)”.

Once more, the Applicant is asking for “a declaration that the failure and or refusal of the first Respondent, to confess or enrol the Applicant on the idea of his Rastafarian spiritual inclination, beliefs and tradition characterised by his retaining of rasta is a violation of his proper to schooling assured below Articles 25(1)(b), 28(4) the 1992
Structure”. Thirdly, “a declaration that the order directed on the Applicant by the consultant of the first Respondent to step apart throughout the registration course of on the idea of his spiritual perception characterised by the retaining of rasta is a violation of his proper to dignity assured below Articles 15(1) and 35(4),(5) of the 1992 Structure”.

The fourth aid being sought by the applicant is “a declaration that there isn’t any lawful foundation for the first Respondent to intervene with the Applicant’s proper to schooling primarily based on his rasta by means of which he manifests or expresses his constitutionally assured proper to faith and to observe and manifest similar.

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He’s additionally looking for “an order directed on the 1st Respondent to instantly admit or enrol the Applicant to proceed along with his schooling unhindered”. Moreover, Tyron Iras Marhguy is looking for “an order of Perpetual injunction restraining the first Respondent both by themselves, servants and/or brokers from, in any approach, interfering within the Applicant’s senior secondary faculty schooling on the idea of his spiritual perception and observe as a Rastafarian” and lastly, “an order directed on the 1st and 2nd Respondents to collectively and severally compensate the Applicant for the inconvenience, embarrassment, waste of time, and violation of his basic human rights and freedoms”.

Court docket’s determination

Justice Gifty Adjei Addo’s Court docket primarily granted all seven reliefs sought by the applicant besides the award of value. The judgment of the human rights Excessive Court docket by extension implies that Achimota College should admit grasp Tyron Iras Marhguy in his dreadlocks.

Wilberforce Asare

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