7. Endnotes

[1]    Definitions taken from the Domestic Violence Act (2007).

[2]    Act 732 Domestic Violence Act, 2007 Section 6 (p6).

[3]    "Doctors charge 300 to 800 cedi [equivalent to two months' wages] to fill out police medical forms and 1,000 to 2,000 cedi for giving a medical opinion for legal purposes, according to a Ghana Medical Association (GMA) document seen by the Thomson Reuters Foundation." Article here.

[4]    https://cjad.nottingham.ac.uk/en/legislation/279/keyword/311/ (Rome Statute Article 66 Presumption of innocence).

[5]    https://www.constituteproject.org/constitution/Ghana_1996.pdf?lang=en (p24).

[6]    Intent is defined in Section 11 of the Criminal Code https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/88530/101255/F575989920/GHA88530.pdf.

[7]    Ibid.

[8]    Act 732 Domestic Violence Act, 2007 Section 4 (p5).

[9]    Ibid.

[10]    Ghana's Criminal Code of 1960, Section 37 states: "For the prevention of, or for the defense of himself or any other person against any crime . . . , a person may justify any force or harm which is reasonably necessary extending in case of extreme necessity, even to killing." Section 39 describes conditions under which a "person may justify the use of force for the defense of property or possession, or for overcoming an obstruction to the exercise of any legal right."

[11]    Nancy Chi Cantalupo et al., Domestic Violence in Ghana: The Open Secret, 7 Geo. J. Gender & L. 531-597 (2006). Available at https://scholarship.law.georgetown.edu/facpub/433 (last visited 16 December 2020).

[12]    Ghana's Domestic Violence Act of 2007, Section 42 defines "harassment" as "sexual contact without the consent of the person with whom the contact is made; repeatedly making unwanted sexual advances; repeatedly following, pursuing, or accosting a person or making persistent, unwelcome communication with a person and includes . . . watching, loitering outside or near a building where the harassed person . . . works [or] carries on business . . . ]and] repeatedly sending, delivering or causing the delivery of letters, telegrams, packages, facsimiles, electronic mail or other objects or messages to the harassed person's . . . workplace."

[13]    Ghana's Domestic Violence Act of 2007, Section 15(2)(g) states that a "protection order may prohibit the respondent from . . . contacting the applicant at work or other places frequented."

[14]    ISSER, Ipsos MORI, International Centre for Research on Women (ICRW) and NUI Galway. 2019. Economic and Social Costs of Violence Against Women in Ghana: Summary Report. Galway: NUI Galway. Available at https://www.ipsos.com/sites/default/files/ct/publication/documents/2019-07/economic-social-costs-violence-women-girls-ghana-2019.pdf (last visited 16 December 2020).

[15]    Id.

[16]    In Section 1 of Ghana's Domestic Violence Act of 2007, the definition of domestic violence includes economic and psychological abuse, harassment, and "behavior or conduct that in any way (i) harms or may harm another person, (ii) endangers the safety, health or well-being of another person, (iii) undermines another person's privacy, integrity or security . . ."

[17]    Ghana's primary immigration laws are the Immigration Act of 2000 and Immigration Regulations of 2001. Neither specifically discusses the legal rights of battered immigrants.

[18]    Section 18(1) Domestic Violence Act 2007.

[19]    Section 43 Children's Act 1998.

[20]    Section 45(1) Children's Act 1998.

[21]   Section 45(2)(a) to (e) Domestic Violence Act 2007.

[22]    Section 45(2)(c) Children's Act 1998.

[23]    Section 20 Domestic Violence Act 2007. An occupation order sets out who has the right to stay in the family home, who can return and who should be excluded.

[24]   Section 20(4) Domestic Violence Act 2007.

[25]   Section 20(5) Domestic Violence Act 2007.

[26]    Section 15(2)(n) Domestic Violence Act 2007.

[27]    Section 20(1) Domestic Violence Act 2007.

[28]    Section 15(2)(f)(i) Domestic Violence Act 2007.

[29]     Section 17(1)(c).