Ghana

This Supreme Court case is notable for solidifying the “Jurisprudence of Equality” doctrine as predominant in determining the sharing of marital property upon divorce. Following the termination of the marriage, the wife was granted by the High Court of Accra in May 2010 (i) custody of the children; (ii) ownership of a house and a “half share of the ‘storey building’; and (iii) a half share of ‘the shops at Weija, Accra. The husband appealed the decision to the Court of Appeal. The Court of Appeal set aside and replaced the orders of the High Court.

This Act consolidates the laws relating to children. It provides an overview of children’s rights, delineates the broad requirements concerning child maintenance and adoption, regulates child labor and apprenticeship, and discusses other ancillary matters concerning children generally. Part 1, Sub-Part 1 specifies several children’s rights and parental duties such as the right to parental property, education and well-being, social activity, and opinion. This Sub-Part also protects children from exploitative labor, torture, degrading treatment, and forced betrothal, dowry, or marriage.

Article 15 of the Constitution of the Republic of Ghana relates to respect for human dignity and prohibits torture or cruel and inhuman punishment. Article 16 prohibits involuntary servitude or slavery. Article 17 relates to equality and non-discrimination and establishes that every person in Ghana is equal before the law. To this end, Article 17 specifically prohibits discrimination on the grounds of gender, race, color, ethnic origin, religion, creed, or social or economic status.

The Domestic Violence Act (the “DVA”) defines and prohibits domestic violence. Here, domestic violence means any act under the Criminal Code 1960 (Act 29) that constitutes a threat or harm to a person within the context of a domestic relationship. This includes specific acts, threats to commit, or acts likely to result in physical, sexual, or economic abuse. Emotional, verbal, or psychological abuse, including harassment, also fall within the definition of domestic violence.

Section 14 of Chapter 2 of the Ghanaian Criminal Code provides the definition of consent. It states that consent is void if the person giving it is under years.12  of age, or in sexual offences under 16 years of age Consent is void if the person is insane, immature, intoxicated, or is as a result of any other cause unable to understand the nature or consequences of the act to which he consents.

The Criminal Code (Amendment) Act introduced Section 69A, which prohibits female genital mutilation. In 2007, Parliament amended 69A, and expanded the definition of liability to include anyone who “carries out female genital mutilation and excises, infibulates or otherwise mutilates the whole or any part of the labia minora, labia majora and the clitoris of another person” and specified that liability on summary conviction mandated imprisonment for a minimum of five years and  a maximum of 10 years.

Within Chapter 6, certain prohibitions related to marriage and clarifications related to the rights of children are outlined in the Criminal Code. If a woman is forced to marry under duress the marriage is voidable under Section 100. Likewise, compulsion of marriage is criminalized in Section 109. It states that a person who causes another to marry against his or her will shall be guilty of a misdemeanor. Section 110 pertains to the custody of children.

Chapter 6 of the Criminal Code outlines various sexual offenses criminalized in Ghana. Rape is criminalized in Sections 97 and 98 and is defined as the "carnal knowledge of a female of sixteen years or above without her consent." Rape is classified  as a first-degree felony, and a person convicted of rape shall be imprisoned for a  minimum of  five years and a maximum of 25 years. Section 99 clarifies that "carnal knowledge or unnatural carnal knowledge" is complete upon proof of the least degree of penetration. Statutory rape is outlined in Section 101.

This Act intends to protect the rights of all parties to a family estate by increasing the accountability of the executor or head of family. Section 1 mandates that the executor or head of family account for all matters related to the family estate. Section 2 dictates that any member of the family connected to the property may file a claim of mismanagement against the head of family in court. Finally, section 3 gives the court the power to order the head of the family to list all the family properties he owns.

The Human Trafficking Act ("the Act") criminalizes the trafficking of persons within and across borders by the use of threat, fraud, and exploitation of vulnerability or by paying to gain consent. Under the Act, induced prostitution, all other forms of sexual exploitation, and slavery all constitute trafficking. The Act mandates that persons with information on trafficking have a duty to inform authorities.