2. Introduction: framework guiding domestic violence law | Ghana | Fighting Domestic Violence

2.1 Are there civil and criminal legal remedies for domestic violence victims?

Yes, there are civil protection orders available to applicants under the Act as well as penalties for abusers under the Criminal Code of 1960 (Act 29) and the Criminal Procedure Code of 1960 (Act 30) as detailed in Sections 4 and 5 below.

According to the Act, criminal charges arising from acts of domestic violence can be in addition to and not affect the rights of an applicant seeking a protective order. Additionally, proceedings under the Act can be in addition to the right of a person to institute a civil action for damages.

2.2 Is domestic violence identified in national law as a human right (noting that at a European level protection from domestic violence has not been explicitly identified as a human right but is indirectly captured by the other provisions)?

This is not explicitly stated in the Act nor can it be found in other instruments of national law. However, Section 26 of the Ghana Constitution (1992 (rev. 1996)) states: "All customary practices that dehumanize or are injurious to the physical and mental well-being of a person are prohibited." Section 12 states: "Every person in Ghana, whatever his [...] gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter [...]"

Ghana also signed the Maputo Protocol, where domestic violence is recognized as a human rights issue, thereby acknowledging the concept.

2.3 Has your country signed and ratified the Council of Europe's Istanbul Convention (2011) preventing and combating violence against women and domestic violence (CETS No. 210)?

No, as Ghana is not part of the Council of Europe.

2.4 If it has ratified the Istanbul Convention, how has this convention been implemented into national law?

Not applicable as Ghana has not ratified the Istanbul Convention.

2.5 If it has not ratified or signed the Istanbul Convention, is it envisaged that your country will do so?

No, as Ghana is not part of the Council of Europe.

2.6 If it has ratified the 1979 Convention, how has the recommendations part of General Comment No. 35 been implemented into national law?

There is little implementation of the recommendations of General Comment No. 35 into Ghana's national law. The following outlines the presence of the recommendations in national law:

Regarding expanding the understanding of violence to include violations of sexual and reproductive health rights, the Act does not explicitly address reproductive health rights and only considers sexual abuse when there is forceful engagement by a person aware of having HIV or any other STD who does not disclose this information to the other person.
Regarding changing the social norms and stereotypes that support violence and threaten gender equality, Section 39 of the Ghana Constitution touches on this and states, "The State shall ensure that [....] traditional practices which are injurious to the health and well-being of the person are abolished." Although the Act exists for the protection of women, there is no acknowledgement of the need to change social norms or stereotypes within the Act.
Regarding equality, Section 17 of the Ghana Constitution states that all people are equal before the law.

While the Maputo Protocol is not national law, Ghana signed the Maputo Protocol, which embraces and agrees with the recommendations of General Comment No. 35, thereby acknowledging and agreeing these issues exist and need to be addressed.

2.7 If the 1979 Convention has not been ratified or signed, is it envisaged that your country will do so?

Not applicable; see above.

Fighting Domestic Violence

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