Ghana’s 1992 Constitution officially bans all cruel and inhumane aspects of cultural and traditional norms. Over the past decade, several laws have been enacted to criminalise violence against women. The Criminal Code imposes sanctions with respect to defilement, forced marriages, customary servitude, female genital mutilation, abuse of widowhood rites and the practice of banishment of “witches”.
In reality, women in Ghana frequently face abuse and violation of their constitutional rights. Many women, particularly in rural areas, remain subject to traditional male dominance and to practices and social norms that deny their statutory entitlements to inheritance and property, a legally registered marriage, and the maintenance and custody of children.
Assessment of related indicators suggests that legal frameworks in Ghana do not yet fully protect women’s rights in the family context. The Children’s Act of 1998 restricts early marriage and sets the minimum age for marriage at 18 years. However, customary practices in Ghana still lead to child betrothals and child marriages: a 2004 United Nations report estimated that 16 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
The Marriage Ordinance states that marriages are to be monogamous and prohibits men from marrying again (unless they legally divorce). This contradicts customary law and Islamic Sharia law, both of which allow polygamy (in the case of Sharia, a man may register up to four wives). The Marriage Ordinance makes no allowance for a second marriage under customary or Sharia law. Similarly, men who have a first wife by customary law cannot contract a subsequent marriage under the Marriage Ordinance. Despite these legislations, a considerable number of men married under classical law are in bigamous marriages (or have been at some point in their lives). An estimated 22 per cent of women in Ghana are in polygamous relationships.
The Children’s Act of 1998 grants parental authority to both parents, who share responsibility for child care. Under patrilineal systems of customary law, children are deemed to belong to the father’s extended family. If the marriage is dissolved, the husband usually acquires custody of non-infant children (should he so desire).
The Intestate Succession Law of 1985 covers inheritance rights and provides a uniform system for distribution of common property, irrespective of the class of intestate and the type of marriage contract. This law also provides that the matrimonial home and related belongings shall go to the spouse and children, in equal shares. The law does not address polygamy and, thus, has no mechanism to ensure equity in relation to distributing property upon the death of a man with multiple wives. Judges use their discretion in such cases. Women are the worst affected by this ambiguity.
Ghanaian legislation is quite effective in relation to protecting women’s physical integrity, although some issues require further attention. Violence against women, including domestic violence and rape, remains common in Ghana. Based on studies undertaken in 1998, the African news agency AFROL reported that more than half of women in low-income, high-density sections of greater Accra have experienced assault. The studies also identified four problem areas in relation to violence against women: poor state/institutional response; a high degree of tolerance for violence within society; general confusion about what constitutes violence and ignorance about causes; and isolation of rural women.
The law does not prohibit domestic violence; in fact, the Criminal Code grants husbands spousal immunity from charges of assault against their wives. As a result, the police typically do not intervene in domestic disputes. Amendments to the Criminal Code in 1998 doubled the mandatory sentence for rape. To date, spousalrape is not specifically prosecuted. A draft domestic violence bill that would make it possible to prosecute men for spousal rape is under discussion.
Many poor – and often elderly – women in Ghana are accused of witchcraft, with serious impacts. Some are killed by male relatives; those who survive are subject to physical and sexual abuse, as well as economic deprivation.
Under the Criminal Code Amendment Act of 1994, Ghana was the first African country to explicitly criminalise female genital mutilation (FGM). Nevertheless, the practice still exists. A 1998 study by Rural Help Integrated (cited in US Department of State, 2006) estimated that 9 per cent to 12 per cent of women have undergone FGM; according to a 2005 UNICEF report, this figure is around 5 per cent. The practice is most prevalent among ethnic groups in northern Ghana. Since 1994, authorities have made seven arrests for the practice of FGM, but only two of these offenders have been prosecuted and convicted.
There is no evidence to suggest that Ghana is a country of concern in relation to missing women.
Legal frameworks in Ghana provide women very limited access to ownership rights. The land tenure system is currently governed by customary law. As a result, women’s access to land and to agricultural inputs is relatively poor. Traditionally, land was obtained through conquest or appropriation under the leadership of a stool (chieftaincy) or lineage head, normally a man. Although women could acquire land through marriage, it was often lost again in the event of divorce or death of the spouse.
Article 22(2) of the 1992 Constitution provides that the Parliament should “as soon as practicable” enact legislation to regulate the property rights of spouses during and at dissolution of marriage. To date, no such legislation has been put in place, which means that women’s property rights are unclear (both in and out of marriage) and their access to land is often restricted. In contrast to men, women do not generally own the land on which they work; if they do, they tend to have smaller landholdings than men. Strong regional disparities are apparent regarding access to land: the percentage of female landholders ranges from 2 per cent in the north to 50 per cent in the Ashanti region.
Women and men in Ghana have equal rights in relation to access to property other than land and can conclude contracts or administer property in their own rights. However, customary law considers property as a family asset to be administered by the family head, who is usually a man.
Women’s access to bank loans through formal channels is more limited than that of men. Weak access to land limits their ability to provide collateral and makes it difficult to obtain credit. The majority of female farmers derive their capital from informal sources, including loans from husbands or relatives, money lenders or informal financial system operators. Several current initiatives aim to provide micro-finance schemes to rural farmers, particularly rural women.
There is no indication that women in Ghana face any legal restrictions in relation to freedom of movement and freedom of dress.
Adinkrah, M. (2004), “Witchcraft Accusation and Female Homicide Victimization in Contemporary Ghana”, Violence Against Women, Vol. 10, No. 4, SAGE, Thousand Oaks, CA, pp. 325-356.
Afrol News (n.d.), Gender Profile: Ghana, www.afrol.com/Categories/Women/profiles/ghana_women.htm. Accessed: May 2008
CEDAW (Committee on the Elimination of Discrimination against Women) (2005), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Ghana, Combined Third, Fourth and Fifth Periodic Reports of States Parties, CEDAW/C/GHA/4-5, CEDAW, New York, NY.
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Islamic Family Law (n.d.), Legal Profile of Ethiopia, Emory Law School, Atlanta, www.law.emory.edu/IFL/ accessed 16 July 2007.
IFC (International Finance Corporation) (2007), Gender and Economic Growth Assessment for Ghana, 2007, Mary Agboli, ed., International Finance Corporation and Ministry for Women, Washington, DC.
JICA (Japan International Cooperation Agency) (1999), Country WID Profile: Ghana, JICA Planning Department, Tokyo.
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UN (2006b), In-depth Study on all Forms of Violence Against Women, Report of the Secretary-General, UN General Assembly, 61st Session A/61/122/Add.1, UN, New York, NY.
US Department of State (2007), Country Reports on Human Rights Practices: Ghana, US Department of State, Bureau of Democracy, Human Rights and Labor, Washington, DC.
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