Ghana’s 1992 Constitution dedicates an entire chapter to guaranteeing fundamental human rights and freedoms for every person in the country. These rights are not just abstract principles — they are enforceable by the courts, and the State has a duty to respect and uphold them.
Understanding these rights matters because they define the relationship between the individual and the state. They determine what the government can and cannot do to you, and what you can do to protect yourself when power is abused. From the right to life to the right to fair trial, from freedom of speech to protection of property, these rights form the foundation of Ghana’s democracy.
Quick Facts
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Fundamental human rights are guaranteed under Chapter 5 (Articles 12–33) of the 1992 Constitution.
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These rights are enforceable by the courts, and the State has a duty to respect and uphold them .
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The rights specifically listed are not the only ones protected. Other rights “inherent in a democracy and intended to secure the freedom and dignity of man” are also recognised .
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Chapter 5 is an entrenched provision, meaning it can only be amended through a national referendum with a 75% approval threshold.
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The Commission on Human Rights and Administrative Justice (CHRAJ) investigates human rights complaints and promotes awareness of these rights.
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If your rights are violated, you can apply to the High Court for redress under Article 33(1).
The Foundation: What Are Fundamental Human Rights?
The fundamental human rights and freedoms of all persons in Ghana are protected under Chapter 5 of the 1992 Constitution . Article 12 states that these rights shall be respected and upheld by the Executive, Legislature, Judiciary, and all other organs of government, and are enforceable by the courts .
Importantly, Article 12(5) provides a “non-exclusion” clause: the rights specifically listed in the Constitution are not the only ones protected. Other rights “inherent in a democracy and intended to secure the freedom and dignity of man” are also recognised, allowing courts to incorporate rights from international conventions and treaties .
Key Rights Guaranteed in the Constitution
Life, Liberty, and Dignity
Right to Life (Article 13): No one shall be deprived of life intentionally, except as a lawful sentence for a criminal offence . The right to life can be interpreted to include the right to exist and live with dignity, protection from arbitrary deprivation of life, freedom from threats and harassment, access to basic needs like healthcare and shelter, and state protection from harm .
Personal Liberty (Article 14): Every person has the right to personal liberty, with limited exceptions such as lawful arrest or conviction.
Human Dignity (Article 15): The dignity of all persons shall be inviolable. No person shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment, whether or not they are arrested, restricted, or detained .
Freedom from Slavery and Forced Labour (Article 16).
Equality and Non-Discrimination
Equality Before the Law (Article 17): All persons shall be equal before the law. A person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed, or social or economic status . The Supreme Court has given interpretative opinions on the meaning of discrimination .
Fair Trial and Justice
Fair Trial (Article 19): Anyone charged with a criminal offence has the right to a fair hearing within a reasonable time, the presumption of innocence, the right to be informed immediately in a language they understand of the nature of the offence, adequate time and facilities to prepare their defence, and the right to a trial in their presence unless they refuse to appear or conduct themselves in a manner that makes it impracticable .
Administrative Justice (Article 23): Fair and reasonable administrative action by public officials.
Property and Privacy
Protection from Deprivation of Property (Article 20): The State cannot take property without prompt payment of adequate compensation and a lawful purpose .
Privacy (Article 18): No person shall be subjected to interference with the privacy of their home, property, correspondence, or communication except in accordance with law and as may be necessary in a free and democratic society .
Property Rights of Spouses (Article 22): Spouses have equal access to property jointly acquired during marriage, and assets are distributed equitably upon dissolution of the marriage .
Civil Liberties and Political Rights
Freedom of Speech and Expression (Article 21): Including freedom of the press and academic freedom.
Freedom of Thought, Conscience, and Religion (Article 21).
Freedom of Assembly and Demonstration (Article 21). The Public Order Act regulates this, but the court has final authority over whether a demonstration can proceed.
Freedom of Association (Article 21): Including the right to form political parties.
Right to Information (Article 21).
Freedom of Movement (Article 21).
Economic, Social, and Cultural Rights
Economic Rights (Article 24): The right to work under satisfactory, safe, and healthy conditions.
Educational Rights (Article 25): The right to education, including free basic education.
Cultural Rights and Practices (Article 26).
Rights of Specific Groups
Women’s Rights (Article 26): Women shall be guaranteed equal rights to training and promotion without any impediments from any person .
Children’s Rights (Article 28): Every child has the right to special care and protection, to be protected from work that threatens their health or education, and not to be subjected to torture or cruel treatment. “Child” means a person below the age of eighteen years .
Rights of Disabled Persons (Article 29): Disabled persons have the right to live with their families, to participate in social activities, to be protected from discrimination and exploitation, and to have appropriate access to public places .
Rights of the Sick (Article 30): No one shall be deprived of medical treatment or other benefits by reason only of religious or other beliefs .
How Are These Rights Enforced?
If you believe your fundamental human rights have been violated, Article 33(1) allows you to apply to the High Court for redress. The High Court has original jurisdiction in human rights matters and can issue orders to protect your rights.
The Commission on Human Rights and Administrative Justice (CHRAJ) also plays a key role in investigating human rights complaints and promoting awareness of these rights . CHRAJ has been active in addressing issues such as police brutality and reminding the public of constitutional protections .
Important Limitations
Fundamental rights in Ghana are not absolute. Article 12(2) states they are subject to “respect for the rights and freedoms of others and for the public interest” . Additionally, Chapter 5 is an entrenched provision, meaning it can only be amended through a national referendum with a 75% approval threshold, making these rights very difficult to remove or weaken.
During a state of emergency, certain rights may be restricted, but the Constitution provides safeguards. A person restricted or detained under emergency laws must be furnished with a written statement of the grounds within 24 hours, have their next of kin informed within 24 hours, have their case reviewed by a tribunal of Superior Court Justices within 10 days, and be afforded every facility to consult a lawyer of their choice .
Common Misconceptions
“Fundamental rights are absolute”
No. They are subject to respect for the rights of others and the public interest. Limitations must be lawful and justifiable in a free and democratic society.
“The Constitution only protects the rights listed in Chapter 5”
No. Article 12(5) recognises other rights “inherent in a democracy and intended to secure the freedom and dignity of man,” allowing courts to incorporate international human rights standards .
“Only lawyers can enforce human rights”
While legal representation is advisable, the Constitution allows anyone to apply to the High Court for redress. CHRAJ also provides an accessible avenue for complaints.
“The government can ignore human rights during emergencies”
Even during a state of emergency, the Constitution provides safeguards, including access to a lawyer, notification of next of kin, and judicial review of detention .
“Human rights are a Western import”
Ghana’s human rights framework is rooted in the 1992 Constitution, which was drafted by Ghanaians and approved by the Ghanaian people in a referendum. Many of these rights reflect Ghanaian values of dignity, fairness, and justice.
Frequently Asked Questions
What is the difference between fundamental human rights and other rights?
Fundamental human rights are guaranteed in Chapter 5 of the Constitution and are enforceable in the courts. Other rights may be created by legislation or international treaties.
Can I sue the government for violating my rights?
Yes. Article 33 allows you to apply to the High Court for redress if your fundamental rights have been violated.
What is the role of CHRAJ?
CHRAJ investigates human rights complaints, promotes awareness of rights, and can make recommendations to the government. It is an independent constitutional body.
Are children’s rights different from adult rights?
Children have special protections under Article 28, including protection from work that threatens their health or education and protection from torture or cruel treatment .
What happens if my property is taken by the government?
The Constitution requires prompt payment of adequate compensation before the exercise of eminent domain . If compensation is not paid, you can seek redress in court.
Can the government restrict freedom of assembly?
The Public Order Act regulates assembly, but the court has final authority over whether a demonstration can proceed. The right to assemble is guaranteed, subject to reasonable regulation.
Is the right to privacy protected in Ghana?
Yes. Article 18(2) protects against interference with the privacy of home, property, correspondence, and communication, subject to lawful exceptions .
What to Remember
Ghana’s Constitution provides a robust framework of fundamental human rights covering life, liberty, equality, fair trial, property, privacy, civil liberties, and the rights of specific groups like children, women, and disabled persons.
These rights are enforceable in court, and the State is obligated to respect and uphold them. They are not absolute, but any limitation must be lawful, reasonable, and justifiable in a free and democratic society.
The next time you hear about a human rights case or a constitutional dispute, remember the foundation behind it. The rights you have are not privileges granted by the government. They are guarantees protected by the Constitution — and they belong to every person in Ghana.
Source: The Accra Daily Mail
Samuel Kwame Boadu is a Ghanaian media entrepreneur and storyteller with a passion for amplifying urban voices and uncovering everyday truths. He is the Editor-in-Chief and Founder of The Accra Daily Mail, a dynamic digital platform dedicated to capturing the pulse of Ghana’s capital—its people, culture, challenges, business, sports and innovations.
