Submitted by crinadmin on
Summary: General overview of China's national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law Constitution: The 1992 Constitution of Ghana contains general rights provisions that apply regardless of age, but also offers a number of provisions addressed specifically to children: Legislation: Ghanaian legislation includes a number of Codes, Acts and secondary legislation that contain provisions relevant to children's rights including, but by no means limited to: Legal research: The Parliament of Ghana maintains an official website (http://www.parliament.gh/egov/) that offers limited information, and the Constitution of Ghana is available through the website of the Judicial Service of Ghana (http://www.judicial.gov.gh/constitution/chapter/chap_1.htm). The World Law Guide makes selected Ghanaian legislation available (http://www.lexadin.nl/wlg/legis/nofr/oeur/lxwegha.htm#Criminal%20Law), as does the International Labour Organization's NATLEX database (http://www.ilo.org/dyn/natlex/natlex_browse.country?p_lang=en&p_country=GHA). In addition, the GlobaLex project at New York University has published a guide to legal research in Ghana (http://www.nyulawglobal.org/Globalex/Ghana1.htm), and both the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/ghana.php) and World Legal Information Institute (http://www.worldlii.org/catalog/2683.html) offer a selection of relevant government and legal research links. Case law Case Law Research Compliance with the CRC In depth analysis: The Committee has also noted that corporal punishment remains common and socially acceptable as a form of discipline in Ghana, and that the Children's Act allows a degree of "reasonable" and "justifiable" punishment. The Committee recommended that the State take action to explicitly prohibit all forms of corporal punishment in the family, in schools and in institutions and alternative care settings. A number of positive reforms have taken place with regards to juvenile justice in Ghana in recent years, including the implementation of a new Juvenile Justice Act and the increase in the age of criminal responsibility from 7 to 12 years. However, the Committee has noted that there are a limited number of remand homes, poor conditions in juvenile justice institutions, and that some children continue to be detained in adult prisons. Recommendations in the Committee's latest Concluding Observations included ensuring that deprivation of liberty in only used as a measure of last resort, that children are detained separately from adults, that appropriate legal aid is provided for children and that an effective complaints mechanism be developed for children who are detained or are in conflict with the law. Current legal reform projects
The Convention appears to be primarily seen as a set of principles and rights to be established in domestic legislation, rather than a document to be applied or implemented directly. It is not clear whether the Convention can be or has been cited in Ghanaian courts.
CRC Jurisprudence
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.
The Judicial Service of Ghana maintains a database of case law from the High Court, Court of Appeal and Supreme Court (http://www.judicial.gov.gh/index.php?option=com_wrapper&Itemid=181).
The Committee on the Rights of the Child has welcomed a wide range of legislative reforms in Ghana, but has also expressed concerns about the ineffective implementation of legislation, which has "[created] a gap between law and practice". The Committee has also expressed concerns about the lack of financial resources to provide for the effective and systematic implementation of the Children's Act and other relevant legislation.
Sexual exploitation and abuse of children, as well as the State's response in national law, remains an issue in the implementation of the CRC in Ghana. The Committee on the Rights of the Child has noted that many children, some very young, are involved in commercial sexual exploitation. While also noting that studies were under way to ascertain the extent of such activities, the Committee recommended that these studies be finalised and appropriate legislative measures taken to combat the commercial sexual exploitation of children. With regards to child abuse and neglect, the Committee noted that there are no mandatory reporting requirements for professionals working with children, and recommended that the State expedite the passage of the Domestic Violence Bill, which has since been enacted.
Please contact CRIN if you are aware of any current legal reform projects.