Constitution of the Republic of Ghana 1992, as amended to 1996


Affirmative Action (Broadly)

(1) All persons shall be equal before the law.
(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, "discriminate" means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description which are not granted of persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide-
(a) for the implementation of policies and programmes aimed at redressing social, economic or educational imbalance in the Ghanaian society;
...
(d) for making different provision for different communities having regard to their special circumstances not being provision which is inconsistent with the spirit of this Constitution. (Art. 17)

Affirmative Action (Broadly)

(5) The State shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.
(6)Towards the achievement of the objectives stated in clause (5) of this article, the State shall take appropriate measures to—

(b) achieve reasonable regional and gender balance in recruitment and appointment to public offices;
… (Art. 35)

Citizenship and Nationality

(1) Every person who, on the coming into force of this Constitution, is a citizen of Ghana by law shall continue to be a citizen of Ghana.
(2) Subject to the provisions of this Constitution, a person born in or outside Ghana after the coming into force of this Constitution, shall become a citizen of Ghana at the date of his birth if either of his parents or grandparents is or was a citizen of Ghana.
(3) A child of not more than seven years of age found in Ghana whose parents are not known shall be presumed to be a citizen of Ghana by birth.
(4) A child of not more than sixteen years of age neither of whose parents is a citizen of Ghana who is adopted by a citizen of Ghana shall, by virtue of the adoption, be a citizen of Ghana. (Art. 6)

Citizenship and Nationality

(1) A woman married to a man who is a citizen of Ghana or a man married to a woman who is a citizen of Ghana may, upon making an application in the manner prescribed by Parliament, be registered as a citizen of Ghana.
(2) Clause (1) of this article applies also to a person who was married to a person who, but for his or her death, would have continued to be a citizen of Ghana under clause (1) of article 6 of this Constitution.
(3) Where the marriage of a woman is annulled after she has been registered as a citizen of Ghana under clause (1) of this article, she shall, unless she renounces that citizenship, continue to be a citizen of Ghana.
(4) Any child of a marriage of a woman registered as a citizen of Ghana under clause (1) of this article to which clause (3) of this article applies, shall continue to be a citizen of Ghana unless he renounces that citizenship.
(5) Where upon an application by a man for registration under clause (1) of this article, it appears to the authority responsible for the registration that a marriage has been entered into primarily with a view to obtaining the registration, the authority may request the applicant to satisfy him that the marriage was entered into in good faith; and the authority may only effect the registration upon being so satisfied.
(6) In the case of a man seeking registration, clause (1) of this article applies only if the applicant permanently resides in Ghana. (Art. 7)

Citizenship and Nationality

(1) A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.

(3) Where the law of a country requires a person who marries a citizen of that country to renounce the citizenship of his own country by virtue of that marriage, a citizen of Ghana who is deprived of his citizenship of Ghana by virtue of that marriage shall, on the dissolution of that marriage, become a citizen of Ghana”. (Art. 8)

Citizenship and Nationality

(1) Parliament may make provision for the acquisition of citizenship of Ghana by persons who are not eligible to become citizens of Ghana under the provisions of this Constitution.
(2) Except as otherwise provided in article 7 of this Constitution, a person shall not be registered as a citizen of Ghana unless at the time of his application for registration he is able to speak and understand an indigenous language of Ghana.
(3) The High Court may, on an application made for the purpose by the Attorney-General, deprive a person who is a citizen of Ghana, otherwise than by birth, of that citizenship on the ground—
(a) that the activities of that person are inimical to the security of the State or prejudicial to public morality or the public interest; or
(b) that the citizenship was acquired by fraud, misrepresentation or any other improper or irregular practice. …
(5) Parliament may make provision by Act of Parliament for—
(a) the renunciation by any person of his citizenship of Ghana;
(b) the circumstances in which a person may acquire citizenship of Ghana or cease to be a citizen of Ghana. (Art. 9)

Jurisdiction and Access

(1) A person who alleges that –
(a) an enactment or anything contained in or done under the authority of that or any other enactment; or
(b) any act or omission of any person;
is inconsistent with, or is in contravention of a provision of this Constitution, may bring an action in the Supreme Court for a declaration to that effect.
(2) The Supreme Court shall, for the purposes of a declaration under clause (1) of this article, make such orders and give such directions as it may consider appropriate for giving effect, or enabling effect to be given, to the declaration so made.
… (Art. 2)

Jurisdiction and Access

(1) Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in— (a) all matters relating to the enforcement or interpretation of this Constitution; and
(b) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution.
(2) Where an issue that relates to a matter or question referred to in clause (1) of this article arises in any proceedings in a court other than the Supreme Court, that court shall stay the proceedings and refer the question of law involved to the Supreme Court for determination; and the court in which the question arose shall dispose of the case in accordance with the decision of the Supreme Court. (Art. 130)

Education

(1) All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realisation of that right—
(a) basic education shall be free, compulsory and available to all;
(b) secondary education in its different forms, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education;
(c) higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular, by progressive introduction of free education;
(d) functional literacy shall be encouraged or intensified as far as possible;
(e) the development of a system of schools with adequate facilities at all levels shall be actively pursued.
… (Art. 25)

Education

(1) The State shall provide educational facilities at all levels and in all the Regions of Ghana, and shall, to the greatest extent feasible, make those facilities available to all citizens.
(2) The Government shall, within two years after Parliament first meets after the coming into force of this Constitution, draw up a programme for implementation within the following ten years, for the provision of free, compulsory and universal basic education.
(3) The State shall, subject to the availability of resources, provide—
(a) equal and balanced access to secondary and other appropriate pre-university education, equal access to university or equivalent education, with emphasis on science and technology;
(b) a free adult literacy programme, and a free vocational training, rehabilitation and resettlement of disabled persons; and
(c) life-long education. (Art. 38)

Employment Rights and Protection

(1) Every person has the right to work under satisfactory, safe and healthy conditions, and shall receive equal pay for equal work without distinction of any kind.
(2) Every worker shall be assured of rest, leisure and reasonable limitation of working hours and periods of holidays with pay, as well as remuneration for public holidays.
… (Art. 24)

Employment Rights and Protection

(1) Special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods, working mothers shall be accorded paid leave.
(2) Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realise their full potential.
(3) Women shall be guaranteed equal rights to training and promotion without any impediments from any person. (Art. 27)

Employment Rights and Protection

(6) The State shall afford equality of economic opportunity to all citizens; and, in particular, the State shall take all necessary steps so as to ensure the full integration of women into the mainstream of the economic development of Ghana.

(10) The State shall safeguard the health, safety and welfare of all persons in employment, and shall establish the basis for the full deployment of the creative potential of all Ghanaians.
… (Art. 36)

Equality and Non-Discrimination

… IN EXERCISE of our natural and inalienable right to establish a framework of government which shall secure for ourselves and posterity the blessings of liberty, equality of opportunity and prosperity; … (Preamble)

Equality and Non-Discrimination

(2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Art. 12)

Equality and Non-Discrimination

(1) All persons shall be equal before the law.
(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—
(a) for the implementation of policies and programmes aimed at redressing social, economic or educational imbalance in the Ghanaian society;
(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
(c) for the imposition of restrictions on the acquisition of land by persons who are not citizens of Ghana or on the political and economic activities of such persons and for other matters relating to such persons; or
(d) for making different provision for different communities having regard to their special circumstances not being provision which is inconsistent with the spirit of this Constitution.
(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Chapter. (Art. 17)

Equality and Non-Discrimination

(5) The State shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.
… (Art. 35)

Equality and Non-Discrimination

(1) The State shall endeavour to secure and protect a social order founded on the ideals and principles of freedom, equality, justice, probity and accountability as enshrined in Chapter 5 of this Constitution; and in particular, the State shall direct its policy towards ensuring that every citizen has equality of rights, obligations and opportunities before the law.
… (Art. 37)

Equality and Non-Discrimination

In this Constitution and in any other law—

(e) words importing male persons include female persons and corporations.
… (Art. 297)

Obligations of the State

… AND IN SOLEMN declaration and affirmation of our commitment to; …
The protection and preservation of Fundamental Human Rights and Freedoms, Unity and Stability for our Nation; … (Preamble)

Obligations of the State

(1) The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.
… (Art. 12)

Obligations of the State

(5) The rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man. (Art. 33)

Obligations of the State

(4) The State shall cultivate among all Ghanaians respect for fundamental human rights and freedoms and the dignity of the human person.
… (Art. 35)

Obligations of the State

(2) The State shall enact appropriate laws to assure—

(b) the protection and promotion of all other basic human rights and freedoms, including the rights of the disabled, the aged, children and other vulnerable groups in development processes.
(3) In the discharge of the obligations stated in clause (2) of this article, the State shall be guided by international human rights instruments which recognize and apply particular categories of basic human rights to development processes.
… (Art. 37)

Obligations of the State

(1) This article applies to the amendment of the following provisions of this Constitution, which are, in this Constitution referred to as “entrenched provisions”—

(d) Fundamental Human Rights and Freedoms: Chapter 5;
… (Art. 290)

Obligations of Private Parties

(1) The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.
(2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Art. 12)

Obligations of Private Parties

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen—

(d) to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons; … (Art. 41)

Obligations of Private Parties

In this Constitution and in any other law—

(e) words importing male persons include female persons and corporations.
… (Art. 297)

Judicial Protection

(1) The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.
… (Art. 12)

Judicial Protection

(1) Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress.
(2) The High Court may, under clause (1) of this article, issue such directions or orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition, and quo warranto as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions on the fundamental human rights and freedoms to the protection of which the person concerned is entitled.
(3) A person aggrieved by a determination of the High Court may appeal to the Court of Appeal with the right of a further appeal to the Supreme Court.
… (Art. 33)

Judicial Protection

(2) The High Court shall have jurisdiction to enforce the Fundamental Human Rights and Freedoms guaranteed by this Constitution.
… (Art. 140)

National Human Rights Bodies

There shall be established by Act of Parliament within six months after Parliament first meets after the coming into force of this Constitution, a Commission on Human Rights and Administrative Justice which shall consist of—
(a) a Commissioner for Human Rights and Administrative Justice; and
(b) two Deputy Commissioners for Human Rights and Administrative Justice. (Art. 216)

National Human Rights Bodies

The functions of the Commission shall be defined and prescribed by Act of Parliament and shall include the duty—
(a) to investigate complaints of violations of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties;
(b) to investigate complaints concerning the functioning of the Public Services Commission, the administrative organs of the State, the Armed Forces, the Police Service and the Prisons Service in so far as complaints relate to the failure to achieve a balanced structuring of those services or equal access by all to the recruitment of those services or fair administration in relation to those services;
(c) to investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental rights and freedoms under this Constitution;
(d) to take appropriate action to call for the remedying, correction and reversal of instances specified in paragraphs (a), (b) and (c) of this clause through such means as are fair, proper and effective, …
(f) to educate the public as to human rights and freedoms by such means as the Commissioner may decide, including publications, lectures and symposia; and
g) to report annually to Parliament on the performance of its functions. (Art. 218)

National Human Rights Bodies

The office of the Ombudsman in existence immediately before the coming into force of this Constitution shall, until the President appoints the Commissioner for Human Rights and Administrative Justice and his Deputies, and provision is otherwise made, continue as if it forms part of the Office of the Commission for Human Rights and Administrative Justice. (First Schedule, Transitional Provisions, Art. 11)

Limitations and/or Derogations

(2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter2 but subject to respect for the rights and freedoms of others and for the public interest. (Art. 12)

Limitations and/or Derogations

(10) Nothing in, or done under the authority of, an Act of Parliament shall be held to be inconsistent with, or in contravention of, articles 12 to 303 of this Constitution to the extent that the Act in question authorises the taking, during any period when a state of emergency is in force, of measures that are reasonably justifiable for the purposes of dealing with the situation that exists during that period. (Art. 31)

Limitations and/or Derogations

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen—

(d) to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons; … (Art. 41)

Marriage and Family Life

(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—

(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 17)

Marriage and Family Life

(1) A spouse shall not be deprived of a reasonable provision out of the estate of a spouse whether or not the spouse died having made a will.
(2) Parliament shall, as soon as practicable after the coming into force of this Constitution, enact legislation regulating the property rights of spouses.
(3) With a view to achieving the full realisation of the rights referred to in clause (2) of this article—
(a) spouses shall have equal access to property jointly acquired during marriage;
(b) assets which are jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage. (Art. 22)

Marriage and Family Life

(1) Special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods, working mothers shall be accorded paid leave.
(2) Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realise their full potential.
… (Art. 27)

Marriage and Family Life

(1) Parliament shall enact such laws as are necessary to ensure that—
(a) every child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law;
(b) every child, whether or not born in wedlock, shall be entitled to reasonable provision out of the estate of its parents;
(c) parents undertake their natural right and obligation of care, maintenance and upbringing of their children in co-operation with such institutions as Parliament may, by law, prescribe in such manner that in all cases the interest of the children are paramount;

(e) the protection and advancement of the family as the unit of society are safeguarded in promotion of the interest of children.

(5) For the purposes of this article, “child” means a person below the age of eighteen years. (Art. 28)

Participation in Public Life and Institutions

(5) The State shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.
(6) Towards the achievement of the objectives stated in clause (5) of this article, the State shall take appropriate measures to—

(b) achieve reasonable regional and gender balance in recruitment and appointment to public offices;
… (Art. 35)

Participation in Public Life and Institutions

(6) The State shall afford equality of economic opportunity to all citizens; and, in particular, the State shall take all necessary steps so as to ensure the full integration of women into the mainstream of the economic development of Ghana.
… (Art. 36)

Political Rights and Association

(1) All persons shall have the right to—

(e) freedom of association, which shall include freedom to form or join trade unions or other associations, national and international, for the protection of their interest; …
(3) All citizens shall have the right and freedom to form or join political parties and to participate in political activities subject to such qualifications and laws as are necessary in a free and democratic society and are consistent with this Constitution. … (Art. 21)

Political Rights and Association

Every citizen of Ghana of eighteen years of age or above and of sound mind has the right to vote and is entitled to be registered as a voter for the purposes of public elections and referenda. (Art. 42)

Political Rights and Association

(1) The right to form political parties is hereby guaranteed.
(2) Every citizen of Ghana of voting age has the right to join a political party.
… (Art. 55)

Political Parties

(1) The right to form political parties is hereby guaranteed.
(2) Every citizen of Ghana of voting age has the right to join a political party.
(3) Subject to the provisions of this article, a political party is free to participate in shaping the political will of the people, to disseminate information on political ideas, social and economic programmes of a national character, and sponsor candidates for elections to any public office other than to District Assemblies or lower local government units.
(4) Every political party shall have a national character, and membership shall not be based on ethnic, religious, regional or other sectional divisions.
(5) The internal organization of a political party shall conform to democratic principles and its actions and purposes shall not contravene or be inconsistent with this Constitution or any other law.
… (Art. 55)

Electoral Bodies

The Electoral Commission shall have the following functions— (a) to compile the register of voters and revise it at such periods as may be determined by law;
(b) to demarcate the electoral boundaries for both national and local government elections;
(c) to conduct and supervise all public elections and referenda;
(d) to educate the people on the electoral process and its purpose;
(e) to undertake programmes for the expansion of the registration of voters; and
(f) to perform such other functions as may be prescribed by law. (Art. 45)

Head of State

(1) There shall be a President of the Republic of Ghana who shall be the Head of State and Head of Government and Commander-in-Chief of the Armed Forces of Ghana.
… (Art. 57)

Head of State

A person shall not be qualified for election as the President of Ghana unless—
(a) he is a citizen of Ghana by birth;
(b) he has attained the age of forty years; and
(c) he is a person who is otherwise qualified to be elected a Member of Parliament, except that the disqualifications set out in paragraphs (c), (d), and (e) of clause (2) of article 94 of this Constitution shall not be removed, in respect of any such person, by a presidential pardon or by the lapse of time as provided for in clause (5) of that article. (Art. 62)

Vice-President

(1) There shall be a Vice-President of Ghana who shall perform such functions as may be assigned to him by this Constitution or by the President.
(2) A candidate for the office of Vice-President shall be designated by the candidate for the office of President before the election of the President.
(3) The provisions of article 62 of this Constitution apply to a candidate for election as Vice-President.
… (Art. 60)

Vice-President

A person shall not be qualified for election as the President of Ghana unless—
(a) he is a citizen of Ghana by birth;
(b) he has attained the age of forty years; and
(c) he is a person who is otherwise qualified to be elected a Member of Parliament, except that the disqualifications set out in paragraphs (c), (d), and (e) of clause (2) of article 94 of this Constitution shall not be removed, in respect of any such person, by a presidential pardon or by the lapse of time as provided for in clause (5) of that article. (Art. 62)

Government

(1) There shall be a Cabinet which shall consist of the President, the Vice-President and not less than ten and not more than nineteen Ministers of State.
… (Art. 76)

Government

(1) Ministers of State shall be appointed by the President with the prior approval of Parliament from among members of Parliament or persons qualified to be elected as members of Parliament, except that the majority of Ministers of State shall be appointed from among members of Parliament.
… (Art. 78)

Legislature

(1) There shall be a Parliament of Ghana which shall consist of not less than one hundred and forty elected members.
(2) Subject to the provisions of this Constitution, the legislative power of Ghana shall be vested in Parliament and shall be exercised in accordance with this Constitution. (Art. 93)

Legislature

(1) Subject to the provisions of this article, a person shall not be qualified to be a member of Parliament unless—
(a) he is a citizen of Ghana, has attained the age of twenty-one years and is a registered voter;
(b) he is resident in the constituency for which he stands as a candidate for election to Parliament or has resided there for a total period of not less than five years out of the ten years immediately preceding the election for which he stands, or he hails from that constituency; and
(c) he has paid all his taxes or made arrangements satisfactory to the appropriate authority for the payment of his taxes.
… (Art. 94)

Property, Inheritance and Land Tenure

(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—

(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 17)

Property, Inheritance and Land Tenure

(1) Every person has the right to own property either alone or in association with others.
… (Art. 18)

Property, Inheritance and Land Tenure

(1) A spouse shall not be deprived of a reasonable provision out of the estate of a spouse whether or not the spouse died having made a will.
(2) Parliament shall, as soon as practicable after the coming into force of this Constitution, enact legislation regulating the property rights of spouses.
(3) With a view to achieving the full realisation of the rights referred to in clause (2) of this article—
(a) spouses shall have equal access to property jointly acquired during marriage;
(b) assets which are jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage. (Art. 22)

Property, Inheritance and Land Tenure

(7) The State shall guarantee the ownership of property and the right of inheritance.
… (Art. 36)

Property, Inheritance and Land Tenure

(1) All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in trust for the subjects of the stool in accordance with customary law and usage.
(2) There shall be established the Office of the Administrator of Stool Lands which shall be responsible for—
(a) the establishment of a stool land account for each stool into which shall be paid all rents, dues, royalties, revenues or other payments whether in the nature of income or capital from the stool lands;
(b) the collection of all such rents, dues, royalties, revenues or other payments whether in the nature of income or capital, and to account for them to the beneficiaries specified in clause (6) of this article; and
(c) the disbursement of such revenues as may be determined in accordance with clause (6) of this article.
(3) There shall be no disposition or development of any stool land unless the Regional Lands Commission of the region in which the land is situated has certified that the disposition or development is consistent with the development plan drawn up or approved by the planning authority for the area concerned.

(7) The Administrator of Stool Lands and the Regional Lands Commission shall consult with the stools and other traditional authorities in all matters relating to the administration and development of stool land and shall make available to them all relevant information and data.
(8) The Lands Commission and the Administrator of Stool lands shall co-ordinate with all relevant public agencies and traditional authorities and stools in preparing a policy framework for the rational and productive development and management of stool lands.
… (Art. 267)

Protection from Violence

(2) No person shall, whether or not he is arrested, restricted or detained, be subjected to—
(a) torture or other cruel, inhuman or degrading treatment or punishment;
… (Art. 15)

Protection from Violence

(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
… (Art. 16)

Protection from Violence

(4) Nothing in, or done under the authority of, a law shall be held to be inconsistent with, or in contravention of, this article to the extent that the law in question makes provision—

(e) that is reasonably required for the purpose of safeguarding the people of Ghana against the teaching or propagation of a doctrine which exhibits or encourages disrespect for the nationhood of Ghana, the national symbols and emblems, or incites hatred against other members of the community;
except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in terms of the spirit of this Constitution. (Art. 21)

Protection from Violence

(1) Parliament shall enact such laws as are necessary to ensure that—
...
(d) children and young persons receive special protection against exposure to physical and moral hazards;
...
(2) Every child has the right to be protected from engaging in work that constitutes a threat to his health, education or development.
(3) A child shall not be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
… (Art. 28)

Public Institutions and Services

(1) Special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods, working mothers shall be accorded paid leave.
(2) Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realise their full potential.
… (Art. 27)

Public Institutions and Services

(3) The State shall promote just and reasonable access by all citizens to public facilities and services in accordance with law.
… (Art. 35)

Status of the Constitution

(1) The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this Constitution.
(2) This Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall to the extent of the inconsistency, be void. (Art. 1)

Status of the Constitution

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen—

(b) to uphold and defend this Constitution and the law;
… (Art. 41)

Status of International Law

(2) The State shall enact appropriate laws to assure—
(a) the enjoyment of rights of effective participation in development processes including rights of people to form their own associations free from state interference and to use them to promote and protect their interests in relation to development processes, rights of access to agencies and officials of the State necessary in order to realise effective participation in development processes; freedom to form organizations to engage in self-help and income generating projects; and freedom to raise funds to support those activities;
(b) the protection and promotion of all other basic human rights and freedoms, including the rights of the disabled, the aged, children and other vulnerable groups in development processes.
(3) In the discharge of the obligations stated in clause (2) of this article, the State shall be guided by international human rights instruments which recognize and apply particular categories of basic human rights to development processes.
… (Art. 37)

Customary Law

(1) The laws of Ghana shall comprise—

(e) the common law.
(2) The common law of Ghana shall comprise the rules of law generally known as the common law, the rules generally known as the doctrines of equity and the rules of customary law including those determined by the Superior Court of Judicature.
(3) For the purposes of this article, “customary law” means the rules of law which by custom are applicable to particular communities in Ghana.
… (Art. 11)

Customary Law

(1) Every person is entitled to enjoy, practise, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution.
(2) All customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited. (Art. 26)

Customary Law

(1) Subject to clause (2) of this article, the State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and the conscious introduction of cultural dimensions to relevant aspects of national planning.
(2) The State shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and in particular that traditional practices which are injurious to the health and well-being of the person are abolished.
… (Art. 39)

Customary Law

(2) Citizens may exercise popular participation in the administration of justice through the institutions of public and customary tribunals and the jury and assessor systems.
… (Art. 125)

Customary Law

(1) All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in trust for the subjects of the stool in accordance with customary law and usage.
… (Art. 267)

Customary Law

(1) The institution of chieftaincy, together with its traditional councils as established by customary law and usage, is hereby guaranteed.
(2) Parliament shall have no power to enact any law which—
(a) confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever; or
(b) in any way detracts or derogates from the honour and dignity of the institution of chieftaincy.
(3) Nothing in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, clause (1) or (2) of this article if the law makes provision for—
(a) the determination, in accordance with the appropriate customary law and usage, by a traditional council, a Regional House of Chiefs or the National House of Chiefs or a Chieftaincy Committee of any of them, of the validity of the nomination, election, selection, installation or deposition of a person as a chief;
(b) a traditional council or a Regional House of Chiefs or the National House of Chiefs to establish and operate a procedure for the registration of chiefs and the public notification in the Gazette or otherwise of the status of persons as chiefs in Ghana. (Art. 270)

Customary Law

The National House of Chiefs shall—
(a) advise any person or authority charged with any responsibility under this Constitution or any other law for any matter relating to or affecting chieftaincy;
(b) undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin;
(c) undertake an evaluation of traditional customs and usages with a view to eliminating those customs and usages that are outmoded and socially harmful;
(d) perform such other functions, not being inconsistent with any function assigned to the House of Chiefs of a region, as Parliament may refer to it. (Art. 272)

Customary Law

(3) A Regional House of Chiefs shall—
(a) perform such functions as may be conferred upon it by or under an Act of Parliament;
(b) advise any person or authority charged under this Constitution or any other law with any responsibility for any matter relating to or affecting chieftaincy in the region;
(c) hear and determine appeals from the traditional councils within the region in respect of the nomination, election, selection, installation or deposition of a person as a chief;
(d) have original jurisdiction in all matters relating to a paramount stool or skin or the occupant of a paramount stool or skin, including a queenmother to a paramount stool or skin;
(e) undertake a study and make such general recommendations as are appropriate for the resolution or expeditious disposition of chieftaincy disputes in the region;
(f) undertake the compilation of the customary laws and lines of succession applicable to each stool or skin in the region.
… (Art. 274)

Customary Law

In this Chapter unless the context otherwise requires, “chief” means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage. (Art. 277)

Women’s Rights

(1) Special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods, working mothers shall be accorded paid leave.
(2) Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realise their full potential.
(3) Women shall be guaranteed equal rights to training and promotion without any impediments from any person. (Art. 27)

Affirmative Action (Broadly)

English

(1) All persons shall be equal before the law.
(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, "discriminate" means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description which are not granted of persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide-
(a) for the implementation of policies and programmes aimed at redressing social, economic or educational imbalance in the Ghanaian society;
...
(d) for making different provision for different communities having regard to their special circumstances not being provision which is inconsistent with the spirit of this Constitution. (Art. 17)

Affirmative Action (Broadly)

English

(5) The State shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.
(6)Towards the achievement of the objectives stated in clause (5) of this article, the State shall take appropriate measures to—

(b) achieve reasonable regional and gender balance in recruitment and appointment to public offices;
… (Art. 35)

Citizenship and Nationality

English

(1) Every person who, on the coming into force of this Constitution, is a citizen of Ghana by law shall continue to be a citizen of Ghana.
(2) Subject to the provisions of this Constitution, a person born in or outside Ghana after the coming into force of this Constitution, shall become a citizen of Ghana at the date of his birth if either of his parents or grandparents is or was a citizen of Ghana.
(3) A child of not more than seven years of age found in Ghana whose parents are not known shall be presumed to be a citizen of Ghana by birth.
(4) A child of not more than sixteen years of age neither of whose parents is a citizen of Ghana who is adopted by a citizen of Ghana shall, by virtue of the adoption, be a citizen of Ghana. (Art. 6)

Citizenship and Nationality

English

(1) A woman married to a man who is a citizen of Ghana or a man married to a woman who is a citizen of Ghana may, upon making an application in the manner prescribed by Parliament, be registered as a citizen of Ghana.
(2) Clause (1) of this article applies also to a person who was married to a person who, but for his or her death, would have continued to be a citizen of Ghana under clause (1) of article 6 of this Constitution.
(3) Where the marriage of a woman is annulled after she has been registered as a citizen of Ghana under clause (1) of this article, she shall, unless she renounces that citizenship, continue to be a citizen of Ghana.
(4) Any child of a marriage of a woman registered as a citizen of Ghana under clause (1) of this article to which clause (3) of this article applies, shall continue to be a citizen of Ghana unless he renounces that citizenship.
(5) Where upon an application by a man for registration under clause (1) of this article, it appears to the authority responsible for the registration that a marriage has been entered into primarily with a view to obtaining the registration, the authority may request the applicant to satisfy him that the marriage was entered into in good faith; and the authority may only effect the registration upon being so satisfied.
(6) In the case of a man seeking registration, clause (1) of this article applies only if the applicant permanently resides in Ghana. (Art. 7)

Citizenship and Nationality

English

(1) A citizen of Ghana may hold the citizenship of any other country in addition to his citizenship of Ghana.

(3) Where the law of a country requires a person who marries a citizen of that country to renounce the citizenship of his own country by virtue of that marriage, a citizen of Ghana who is deprived of his citizenship of Ghana by virtue of that marriage shall, on the dissolution of that marriage, become a citizen of Ghana”. (Art. 8)

Citizenship and Nationality

English

(1) Parliament may make provision for the acquisition of citizenship of Ghana by persons who are not eligible to become citizens of Ghana under the provisions of this Constitution.
(2) Except as otherwise provided in article 7 of this Constitution, a person shall not be registered as a citizen of Ghana unless at the time of his application for registration he is able to speak and understand an indigenous language of Ghana.
(3) The High Court may, on an application made for the purpose by the Attorney-General, deprive a person who is a citizen of Ghana, otherwise than by birth, of that citizenship on the ground—
(a) that the activities of that person are inimical to the security of the State or prejudicial to public morality or the public interest; or
(b) that the citizenship was acquired by fraud, misrepresentation or any other improper or irregular practice. …
(5) Parliament may make provision by Act of Parliament for—
(a) the renunciation by any person of his citizenship of Ghana;
(b) the circumstances in which a person may acquire citizenship of Ghana or cease to be a citizen of Ghana. (Art. 9)

Jurisdiction and Access

English

(1) A person who alleges that –
(a) an enactment or anything contained in or done under the authority of that or any other enactment; or
(b) any act or omission of any person;
is inconsistent with, or is in contravention of a provision of this Constitution, may bring an action in the Supreme Court for a declaration to that effect.
(2) The Supreme Court shall, for the purposes of a declaration under clause (1) of this article, make such orders and give such directions as it may consider appropriate for giving effect, or enabling effect to be given, to the declaration so made.
… (Art. 2)

Jurisdiction and Access

English

(1) Subject to the jurisdiction of the High Court in the enforcement of the Fundamental Human Rights and Freedoms as provided in article 33 of this Constitution, the Supreme Court shall have exclusive original jurisdiction in— (a) all matters relating to the enforcement or interpretation of this Constitution; and
(b) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under this Constitution.
(2) Where an issue that relates to a matter or question referred to in clause (1) of this article arises in any proceedings in a court other than the Supreme Court, that court shall stay the proceedings and refer the question of law involved to the Supreme Court for determination; and the court in which the question arose shall dispose of the case in accordance with the decision of the Supreme Court. (Art. 130)

Education

English

(1) All persons shall have the right to equal educational opportunities and facilities and with a view to achieving the full realisation of that right—
(a) basic education shall be free, compulsory and available to all;
(b) secondary education in its different forms, including technical and vocational education, shall be made generally available and accessible to all by every appropriate means, and in particular, by the progressive introduction of free education;
(c) higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular, by progressive introduction of free education;
(d) functional literacy shall be encouraged or intensified as far as possible;
(e) the development of a system of schools with adequate facilities at all levels shall be actively pursued.
… (Art. 25)

Education

English

(1) The State shall provide educational facilities at all levels and in all the Regions of Ghana, and shall, to the greatest extent feasible, make those facilities available to all citizens.
(2) The Government shall, within two years after Parliament first meets after the coming into force of this Constitution, draw up a programme for implementation within the following ten years, for the provision of free, compulsory and universal basic education.
(3) The State shall, subject to the availability of resources, provide—
(a) equal and balanced access to secondary and other appropriate pre-university education, equal access to university or equivalent education, with emphasis on science and technology;
(b) a free adult literacy programme, and a free vocational training, rehabilitation and resettlement of disabled persons; and
(c) life-long education. (Art. 38)

Employment Rights and Protection

English

(1) Every person has the right to work under satisfactory, safe and healthy conditions, and shall receive equal pay for equal work without distinction of any kind.
(2) Every worker shall be assured of rest, leisure and reasonable limitation of working hours and periods of holidays with pay, as well as remuneration for public holidays.
… (Art. 24)

Employment Rights and Protection

English

(1) Special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods, working mothers shall be accorded paid leave.
(2) Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realise their full potential.
(3) Women shall be guaranteed equal rights to training and promotion without any impediments from any person. (Art. 27)

Employment Rights and Protection

English

(6) The State shall afford equality of economic opportunity to all citizens; and, in particular, the State shall take all necessary steps so as to ensure the full integration of women into the mainstream of the economic development of Ghana.

(10) The State shall safeguard the health, safety and welfare of all persons in employment, and shall establish the basis for the full deployment of the creative potential of all Ghanaians.
… (Art. 36)

Equality and Non-Discrimination

English

… IN EXERCISE of our natural and inalienable right to establish a framework of government which shall secure for ourselves and posterity the blessings of liberty, equality of opportunity and prosperity; … (Preamble)

Equality and Non-Discrimination

English

(2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Art. 12)

Equality and Non-Discrimination

English

(1) All persons shall be equal before the law.
(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—
(a) for the implementation of policies and programmes aimed at redressing social, economic or educational imbalance in the Ghanaian society;
(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
(c) for the imposition of restrictions on the acquisition of land by persons who are not citizens of Ghana or on the political and economic activities of such persons and for other matters relating to such persons; or
(d) for making different provision for different communities having regard to their special circumstances not being provision which is inconsistent with the spirit of this Constitution.
(5) Nothing shall be taken to be inconsistent with this article which is allowed to be done under any provision of this Chapter. (Art. 17)

Equality and Non-Discrimination

English

(5) The State shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.
… (Art. 35)

Equality and Non-Discrimination

English

(1) The State shall endeavour to secure and protect a social order founded on the ideals and principles of freedom, equality, justice, probity and accountability as enshrined in Chapter 5 of this Constitution; and in particular, the State shall direct its policy towards ensuring that every citizen has equality of rights, obligations and opportunities before the law.
… (Art. 37)

Equality and Non-Discrimination

English

In this Constitution and in any other law—

(e) words importing male persons include female persons and corporations.
… (Art. 297)

Obligations of the State

English

… AND IN SOLEMN declaration and affirmation of our commitment to; …
The protection and preservation of Fundamental Human Rights and Freedoms, Unity and Stability for our Nation; … (Preamble)

Obligations of the State

English

(1) The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.
… (Art. 12)

Obligations of the State

English

(5) The rights, duties, declarations and guarantees relating to the fundamental human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man. (Art. 33)

Obligations of the State

English

(4) The State shall cultivate among all Ghanaians respect for fundamental human rights and freedoms and the dignity of the human person.
… (Art. 35)

Obligations of the State

English

(2) The State shall enact appropriate laws to assure—

(b) the protection and promotion of all other basic human rights and freedoms, including the rights of the disabled, the aged, children and other vulnerable groups in development processes.
(3) In the discharge of the obligations stated in clause (2) of this article, the State shall be guided by international human rights instruments which recognize and apply particular categories of basic human rights to development processes.
… (Art. 37)

Obligations of the State

English

(1) This article applies to the amendment of the following provisions of this Constitution, which are, in this Constitution referred to as “entrenched provisions”—

(d) Fundamental Human Rights and Freedoms: Chapter 5;
… (Art. 290)

Obligations of Private Parties

English

(1) The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.
(2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. (Art. 12)

Obligations of Private Parties

English

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen—

(d) to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons; … (Art. 41)

Obligations of Private Parties

English

In this Constitution and in any other law—

(e) words importing male persons include female persons and corporations.
… (Art. 297)

Judicial Protection

English

(1) The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the Courts as provided for in this Constitution.
… (Art. 12)

Judicial Protection

English

(1) Where a person alleges that a provision of this Constitution on the fundamental human rights and freedoms has been, or is being or is likely to be contravened in relation to him, then, without prejudice to any other action that is lawfully available, that person may apply to the High Court for redress.
(2) The High Court may, under clause (1) of this article, issue such directions or orders or writs including writs or orders in the nature of habeas corpus, certiorari, mandamus, prohibition, and quo warranto as it may consider appropriate for the purposes of enforcing or securing the enforcement of any of the provisions on the fundamental human rights and freedoms to the protection of which the person concerned is entitled.
(3) A person aggrieved by a determination of the High Court may appeal to the Court of Appeal with the right of a further appeal to the Supreme Court.
… (Art. 33)

Judicial Protection

English

(2) The High Court shall have jurisdiction to enforce the Fundamental Human Rights and Freedoms guaranteed by this Constitution.
… (Art. 140)

National Human Rights Bodies

English

There shall be established by Act of Parliament within six months after Parliament first meets after the coming into force of this Constitution, a Commission on Human Rights and Administrative Justice which shall consist of—
(a) a Commissioner for Human Rights and Administrative Justice; and
(b) two Deputy Commissioners for Human Rights and Administrative Justice. (Art. 216)

National Human Rights Bodies

English

The functions of the Commission shall be defined and prescribed by Act of Parliament and shall include the duty—
(a) to investigate complaints of violations of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties;
(b) to investigate complaints concerning the functioning of the Public Services Commission, the administrative organs of the State, the Armed Forces, the Police Service and the Prisons Service in so far as complaints relate to the failure to achieve a balanced structuring of those services or equal access by all to the recruitment of those services or fair administration in relation to those services;
(c) to investigate complaints concerning practices and actions by persons, private enterprises and other institutions where those complaints allege violations of fundamental rights and freedoms under this Constitution;
(d) to take appropriate action to call for the remedying, correction and reversal of instances specified in paragraphs (a), (b) and (c) of this clause through such means as are fair, proper and effective, …
(f) to educate the public as to human rights and freedoms by such means as the Commissioner may decide, including publications, lectures and symposia; and
g) to report annually to Parliament on the performance of its functions. (Art. 218)

National Human Rights Bodies

English

The office of the Ombudsman in existence immediately before the coming into force of this Constitution shall, until the President appoints the Commissioner for Human Rights and Administrative Justice and his Deputies, and provision is otherwise made, continue as if it forms part of the Office of the Commission for Human Rights and Administrative Justice. (First Schedule, Transitional Provisions, Art. 11)

Limitations and/or Derogations

English

(2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter2 but subject to respect for the rights and freedoms of others and for the public interest. (Art. 12)

Limitations and/or Derogations

English

(10) Nothing in, or done under the authority of, an Act of Parliament shall be held to be inconsistent with, or in contravention of, articles 12 to 303 of this Constitution to the extent that the Act in question authorises the taking, during any period when a state of emergency is in force, of measures that are reasonably justifiable for the purposes of dealing with the situation that exists during that period. (Art. 31)

Limitations and/or Derogations

English

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen—

(d) to respect the rights, freedoms and legitimate interests of others, and generally to refrain from doing acts detrimental to the welfare of other persons; … (Art. 41)

Marriage and Family Life

English

(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—

(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 17)

Marriage and Family Life

English

(1) A spouse shall not be deprived of a reasonable provision out of the estate of a spouse whether or not the spouse died having made a will.
(2) Parliament shall, as soon as practicable after the coming into force of this Constitution, enact legislation regulating the property rights of spouses.
(3) With a view to achieving the full realisation of the rights referred to in clause (2) of this article—
(a) spouses shall have equal access to property jointly acquired during marriage;
(b) assets which are jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage. (Art. 22)

Marriage and Family Life

English

(1) Special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods, working mothers shall be accorded paid leave.
(2) Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realise their full potential.
… (Art. 27)

Marriage and Family Life

English

(1) Parliament shall enact such laws as are necessary to ensure that—
(a) every child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law;
(b) every child, whether or not born in wedlock, shall be entitled to reasonable provision out of the estate of its parents;
(c) parents undertake their natural right and obligation of care, maintenance and upbringing of their children in co-operation with such institutions as Parliament may, by law, prescribe in such manner that in all cases the interest of the children are paramount;

(e) the protection and advancement of the family as the unit of society are safeguarded in promotion of the interest of children.

(5) For the purposes of this article, “child” means a person below the age of eighteen years. (Art. 28)

Participation in Public Life and Institutions

English

(5) The State shall actively promote the integration of the peoples of Ghana and prohibit discrimination and prejudice on the grounds of place of origin, circumstances of birth, ethnic origin, gender or religion, creed or other beliefs.
(6) Towards the achievement of the objectives stated in clause (5) of this article, the State shall take appropriate measures to—

(b) achieve reasonable regional and gender balance in recruitment and appointment to public offices;
… (Art. 35)

Participation in Public Life and Institutions

English

(6) The State shall afford equality of economic opportunity to all citizens; and, in particular, the State shall take all necessary steps so as to ensure the full integration of women into the mainstream of the economic development of Ghana.
… (Art. 36)

Political Rights and Association

English

(1) All persons shall have the right to—

(e) freedom of association, which shall include freedom to form or join trade unions or other associations, national and international, for the protection of their interest; …
(3) All citizens shall have the right and freedom to form or join political parties and to participate in political activities subject to such qualifications and laws as are necessary in a free and democratic society and are consistent with this Constitution. … (Art. 21)

Political Rights and Association

English

Every citizen of Ghana of eighteen years of age or above and of sound mind has the right to vote and is entitled to be registered as a voter for the purposes of public elections and referenda. (Art. 42)

Political Rights and Association

English

(1) The right to form political parties is hereby guaranteed.
(2) Every citizen of Ghana of voting age has the right to join a political party.
… (Art. 55)

Political Parties

English

(1) The right to form political parties is hereby guaranteed.
(2) Every citizen of Ghana of voting age has the right to join a political party.
(3) Subject to the provisions of this article, a political party is free to participate in shaping the political will of the people, to disseminate information on political ideas, social and economic programmes of a national character, and sponsor candidates for elections to any public office other than to District Assemblies or lower local government units.
(4) Every political party shall have a national character, and membership shall not be based on ethnic, religious, regional or other sectional divisions.
(5) The internal organization of a political party shall conform to democratic principles and its actions and purposes shall not contravene or be inconsistent with this Constitution or any other law.
… (Art. 55)

Electoral Bodies

English

The Electoral Commission shall have the following functions— (a) to compile the register of voters and revise it at such periods as may be determined by law;
(b) to demarcate the electoral boundaries for both national and local government elections;
(c) to conduct and supervise all public elections and referenda;
(d) to educate the people on the electoral process and its purpose;
(e) to undertake programmes for the expansion of the registration of voters; and
(f) to perform such other functions as may be prescribed by law. (Art. 45)

Head of State

English

(1) There shall be a President of the Republic of Ghana who shall be the Head of State and Head of Government and Commander-in-Chief of the Armed Forces of Ghana.
… (Art. 57)

Head of State

English

A person shall not be qualified for election as the President of Ghana unless—
(a) he is a citizen of Ghana by birth;
(b) he has attained the age of forty years; and
(c) he is a person who is otherwise qualified to be elected a Member of Parliament, except that the disqualifications set out in paragraphs (c), (d), and (e) of clause (2) of article 94 of this Constitution shall not be removed, in respect of any such person, by a presidential pardon or by the lapse of time as provided for in clause (5) of that article. (Art. 62)

Vice-President

English

(1) There shall be a Vice-President of Ghana who shall perform such functions as may be assigned to him by this Constitution or by the President.
(2) A candidate for the office of Vice-President shall be designated by the candidate for the office of President before the election of the President.
(3) The provisions of article 62 of this Constitution apply to a candidate for election as Vice-President.
… (Art. 60)

Vice-President

English

A person shall not be qualified for election as the President of Ghana unless—
(a) he is a citizen of Ghana by birth;
(b) he has attained the age of forty years; and
(c) he is a person who is otherwise qualified to be elected a Member of Parliament, except that the disqualifications set out in paragraphs (c), (d), and (e) of clause (2) of article 94 of this Constitution shall not be removed, in respect of any such person, by a presidential pardon or by the lapse of time as provided for in clause (5) of that article. (Art. 62)

Government

English

(1) There shall be a Cabinet which shall consist of the President, the Vice-President and not less than ten and not more than nineteen Ministers of State.
… (Art. 76)

Government

English

(1) Ministers of State shall be appointed by the President with the prior approval of Parliament from among members of Parliament or persons qualified to be elected as members of Parliament, except that the majority of Ministers of State shall be appointed from among members of Parliament.
… (Art. 78)

Legislature

English

(1) There shall be a Parliament of Ghana which shall consist of not less than one hundred and forty elected members.
(2) Subject to the provisions of this Constitution, the legislative power of Ghana shall be vested in Parliament and shall be exercised in accordance with this Constitution. (Art. 93)

Legislature

English

(1) Subject to the provisions of this article, a person shall not be qualified to be a member of Parliament unless—
(a) he is a citizen of Ghana, has attained the age of twenty-one years and is a registered voter;
(b) he is resident in the constituency for which he stands as a candidate for election to Parliament or has resided there for a total period of not less than five years out of the ten years immediately preceding the election for which he stands, or he hails from that constituency; and
(c) he has paid all his taxes or made arrangements satisfactory to the appropriate authority for the payment of his taxes.
… (Art. 94)

Property, Inheritance and Land Tenure

English

(2) A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “discriminate” means to give different treatment to different persons attributable only or mainly to their respective descriptions by race, place of origin, political opinions, colour, gender, occupation, religion or creed, whereby persons of one description are subjected to disabilities or restrictions to which persons of another description are not made subject or are granted privileges or advantages which are not granted to persons of another description.
(4) Nothing in this article shall prevent Parliament from enacting laws that are reasonably necessary to provide—

(b) for matters relating to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Art. 17)

Property, Inheritance and Land Tenure

English

(1) Every person has the right to own property either alone or in association with others.
… (Art. 18)

Property, Inheritance and Land Tenure

English

(1) A spouse shall not be deprived of a reasonable provision out of the estate of a spouse whether or not the spouse died having made a will.
(2) Parliament shall, as soon as practicable after the coming into force of this Constitution, enact legislation regulating the property rights of spouses.
(3) With a view to achieving the full realisation of the rights referred to in clause (2) of this article—
(a) spouses shall have equal access to property jointly acquired during marriage;
(b) assets which are jointly acquired during marriage shall be distributed equitably between the spouses upon dissolution of the marriage. (Art. 22)

Property, Inheritance and Land Tenure

English

(7) The State shall guarantee the ownership of property and the right of inheritance.
… (Art. 36)

Property, Inheritance and Land Tenure

English

(1) All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in trust for the subjects of the stool in accordance with customary law and usage.
(2) There shall be established the Office of the Administrator of Stool Lands which shall be responsible for—
(a) the establishment of a stool land account for each stool into which shall be paid all rents, dues, royalties, revenues or other payments whether in the nature of income or capital from the stool lands;
(b) the collection of all such rents, dues, royalties, revenues or other payments whether in the nature of income or capital, and to account for them to the beneficiaries specified in clause (6) of this article; and
(c) the disbursement of such revenues as may be determined in accordance with clause (6) of this article.
(3) There shall be no disposition or development of any stool land unless the Regional Lands Commission of the region in which the land is situated has certified that the disposition or development is consistent with the development plan drawn up or approved by the planning authority for the area concerned.

(7) The Administrator of Stool Lands and the Regional Lands Commission shall consult with the stools and other traditional authorities in all matters relating to the administration and development of stool land and shall make available to them all relevant information and data.
(8) The Lands Commission and the Administrator of Stool lands shall co-ordinate with all relevant public agencies and traditional authorities and stools in preparing a policy framework for the rational and productive development and management of stool lands.
… (Art. 267)

Protection from Violence

English

(2) No person shall, whether or not he is arrested, restricted or detained, be subjected to—
(a) torture or other cruel, inhuman or degrading treatment or punishment;
… (Art. 15)

Protection from Violence

English

(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
… (Art. 16)

Protection from Violence

English

(4) Nothing in, or done under the authority of, a law shall be held to be inconsistent with, or in contravention of, this article to the extent that the law in question makes provision—

(e) that is reasonably required for the purpose of safeguarding the people of Ghana against the teaching or propagation of a doctrine which exhibits or encourages disrespect for the nationhood of Ghana, the national symbols and emblems, or incites hatred against other members of the community;
except so far as that provision or, as the case may be, the thing done under the authority of that law is shown not to be reasonably justifiable in terms of the spirit of this Constitution. (Art. 21)

Protection from Violence

English

(1) Parliament shall enact such laws as are necessary to ensure that—
...
(d) children and young persons receive special protection against exposure to physical and moral hazards;
...
(2) Every child has the right to be protected from engaging in work that constitutes a threat to his health, education or development.
(3) A child shall not be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
… (Art. 28)

Public Institutions and Services

English

(1) Special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods, working mothers shall be accorded paid leave.
(2) Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realise their full potential.
… (Art. 27)

Public Institutions and Services

English

(3) The State shall promote just and reasonable access by all citizens to public facilities and services in accordance with law.
… (Art. 35)

Status of the Constitution

English

(1) The Sovereignty of Ghana resides in the people of Ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this Constitution.
(2) This Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall to the extent of the inconsistency, be void. (Art. 1)

Status of the Constitution

English

The exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen—

(b) to uphold and defend this Constitution and the law;
… (Art. 41)

Status of International Law

English

(2) The State shall enact appropriate laws to assure—
(a) the enjoyment of rights of effective participation in development processes including rights of people to form their own associations free from state interference and to use them to promote and protect their interests in relation to development processes, rights of access to agencies and officials of the State necessary in order to realise effective participation in development processes; freedom to form organizations to engage in self-help and income generating projects; and freedom to raise funds to support those activities;
(b) the protection and promotion of all other basic human rights and freedoms, including the rights of the disabled, the aged, children and other vulnerable groups in development processes.
(3) In the discharge of the obligations stated in clause (2) of this article, the State shall be guided by international human rights instruments which recognize and apply particular categories of basic human rights to development processes.
… (Art. 37)

Customary Law

English

(1) The laws of Ghana shall comprise—

(e) the common law.
(2) The common law of Ghana shall comprise the rules of law generally known as the common law, the rules generally known as the doctrines of equity and the rules of customary law including those determined by the Superior Court of Judicature.
(3) For the purposes of this article, “customary law” means the rules of law which by custom are applicable to particular communities in Ghana.
… (Art. 11)

Customary Law

English

(1) Every person is entitled to enjoy, practise, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution.
(2) All customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited. (Art. 26)

Customary Law

English

(1) Subject to clause (2) of this article, the State shall take steps to encourage the integration of appropriate customary values into the fabric of national life through formal and informal education and the conscious introduction of cultural dimensions to relevant aspects of national planning.
(2) The State shall ensure that appropriate customary and cultural values are adapted and developed as an integral part of the growing needs of the society as a whole; and in particular that traditional practices which are injurious to the health and well-being of the person are abolished.
… (Art. 39)

Customary Law

English

(2) Citizens may exercise popular participation in the administration of justice through the institutions of public and customary tribunals and the jury and assessor systems.
… (Art. 125)

Customary Law

English

(1) All stool lands in Ghana shall vest in the appropriate stool on behalf of, and in trust for the subjects of the stool in accordance with customary law and usage.
… (Art. 267)

Customary Law

English

(1) The institution of chieftaincy, together with its traditional councils as established by customary law and usage, is hereby guaranteed.
(2) Parliament shall have no power to enact any law which—
(a) confers on any person or authority the right to accord or withdraw recognition to or from a chief for any purpose whatsoever; or
(b) in any way detracts or derogates from the honour and dignity of the institution of chieftaincy.
(3) Nothing in or done under the authority of any law shall be held to be inconsistent with, or in contravention of, clause (1) or (2) of this article if the law makes provision for—
(a) the determination, in accordance with the appropriate customary law and usage, by a traditional council, a Regional House of Chiefs or the National House of Chiefs or a Chieftaincy Committee of any of them, of the validity of the nomination, election, selection, installation or deposition of a person as a chief;
(b) a traditional council or a Regional House of Chiefs or the National House of Chiefs to establish and operate a procedure for the registration of chiefs and the public notification in the Gazette or otherwise of the status of persons as chiefs in Ghana. (Art. 270)

Customary Law

English

The National House of Chiefs shall—
(a) advise any person or authority charged with any responsibility under this Constitution or any other law for any matter relating to or affecting chieftaincy;
(b) undertake the progressive study, interpretation and codification of customary law with a view to evolving, in appropriate cases, a unified system of rules of customary law, and compiling the customary laws and lines of succession applicable to each stool or skin;
(c) undertake an evaluation of traditional customs and usages with a view to eliminating those customs and usages that are outmoded and socially harmful;
(d) perform such other functions, not being inconsistent with any function assigned to the House of Chiefs of a region, as Parliament may refer to it. (Art. 272)

Customary Law

English

(3) A Regional House of Chiefs shall—
(a) perform such functions as may be conferred upon it by or under an Act of Parliament;
(b) advise any person or authority charged under this Constitution or any other law with any responsibility for any matter relating to or affecting chieftaincy in the region;
(c) hear and determine appeals from the traditional councils within the region in respect of the nomination, election, selection, installation or deposition of a person as a chief;
(d) have original jurisdiction in all matters relating to a paramount stool or skin or the occupant of a paramount stool or skin, including a queenmother to a paramount stool or skin;
(e) undertake a study and make such general recommendations as are appropriate for the resolution or expeditious disposition of chieftaincy disputes in the region;
(f) undertake the compilation of the customary laws and lines of succession applicable to each stool or skin in the region.
… (Art. 274)

Customary Law

English

In this Chapter unless the context otherwise requires, “chief” means a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected or selected and enstooled, enskinned or installed as a chief or queenmother in accordance with the relevant customary law and usage. (Art. 277)

Women’s Rights

English

(1) Special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods, working mothers shall be accorded paid leave.
(2) Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realise their full potential.
(3) Women shall be guaranteed equal rights to training and promotion without any impediments from any person. (Art. 27)

1

Links to all sites last visited 2 March 2016

2

Chapter Five on Fundamental Human Rights and Freedoms.

3

Chapter Five on Fundamental Human Rights and Freedoms.