Constitution of the Republic of Ghana 1992, as amended to 1996
Obligations of the State
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    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
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    (1) The fundamental human rights and freedoms enshrined in this Chapter3 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 the State
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    (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
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    (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
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    (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
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    (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
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    (1) The fundamental human rights and freedoms enshrined in this Chapter4 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
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    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
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    In this Constitution and in any other law—

    (e) words importing male persons include female persons and corporations.
    … (Art. 297)
Judicial Protection
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    (1) The fundamental human rights and freedoms enshrined in this Chapter5 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
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    (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
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    (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
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    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
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    The President shall appoint the members of the Commission under article 706 of this Constitution. (Art. 217)
National Human Rights Bodies
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    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
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    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)
Links to all sites last visited 12 February 2024
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Chapter Five on Fundamental Human Rights and Freedoms.
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Chapter Five on Fundamental Human Rights and Freedoms.
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Chapter Five on Fundamental Human Rights and Freedoms.
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Chapter Five on Fundamental Human Rights and Freedoms.
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According to Art. 70(1): "The President shall, acting in consultation with the Council of State, appoint— (a) the Commissioner for Human Rights and Administrative Justice and his Deputies; …"
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Chapter Five on Fundamental Human Rights and Freedoms.
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Part of Chapter Five on Fundamental Human Rights and Freedoms.
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Chapter Twenty-Two on Chieftaincy.