Lecture Notes: Fundamental Human Rights under the 1992 Constitution of Ghana

Importance of Human Rights in the 1992 Constitution

• Fundamental human rights are crucial to the constitutional framework in Ghana.
• The provisions on human rights (Chapter 5) are entrenched, requiring a special amendment process involving a referendum.
• Articles covering human rights in Chapter 5: Articles 12-33.
• There are additional human rights provisions outside Chapter 5, such as the right to vote (Article 42, Chapter 7) and media freedom (Chapter 12).

Overview of Chapter 5: Articles 12-33

• Focus of this lecture: fundamental human rights in Chapter 5.
• Chapter 5 is not exhaustive; Article 33(5) indicates that rights not mentioned might still be inherent to democracy.

Article 12: General Principles

• Human rights must be respected by the executive, legislature, judiciary, and all government organs, as well as natural and legal persons.
• Rights are subject to public interest and respect for others' rights.
• Rights are enforceable by the courts.

Article 13: Right to Life

• No intentional deprivation of life except by court sentence for a crime.
• Death penalty is constitutional in Ghana, with recent affirmations in the case of Dexter Johnson v. Republic.
• Article 13(2) specifies conditions under which life deprivation is justified (e.g., self-defense, law enforcement).

Article 14: Personal Liberty

• General right to personal liberty.
• Circumstances allowing deprivation of liberty:
  • Execution of court sentence for conviction.
  • Contempt of court.
  • Preventive measures for mental health or contagious diseases.
  • Education or welfare of minors.
  • Preventing unlawful entry or for extradition purposes.
• Arrested individuals must be informed of reasons and rights immediately in a language they understand.
• 48-hour rule: detainees must be brought before a court within this time if not released.
• Unlawful arrest or detention entitles the individual to compensation.
• Case precedents: Martin Kpebu v. Attorney General declared certain provisions unconstitutional (e.g., section 104(4) and section 96(7) of Act 30).
• All offenses are now bailable; courts must consider the nature of the accusation and other factors before granting bail.

Conclusion

• Articles 12, 13, and 14 discussed in detail.
• Future lectures will cover remaining rights in Chapter 5.