The law is complex and no matter how it is construed, its interpretation can be stretched to give rights when the actual lawmakers may not have intended to do so.
I have laughed my ass off several times for hearing people claiming homosexuals have NO rights in Ghana based on the fact that the constitution of Ghana does not explicitly give them any. JOKERS! What most of these people have to realize is that, the law does not only give rights expressly, certain times, they are implied.
I am not very familiar with Ghanaian laws but still have enough knowledge to make this post…LOL… The argument that homsexuals have no right in Ghana has mostly been based on Chapter 6, article 104 of the Ghanian Criminal Code which prohibits “unnatural carnal knowledge”. This is defined to include consensual sexual intercourse between men.
The effect of this clause is that, it encourages discrimination and persecution against homosexuals on the basis of their identity and consensual sexual behaviour.
The above law is a criminal code which means the constitution of Ghana is supreme to it. So what the above law does is subjecting homosexuals to discrimination…
Article 17 of the constitution of Ghana however guarantees the right to freedom from discrimination. What this means is that, the constitution says you cannot discriminate against anyone for being homosexual (identity and sexual behaviour) whiles the criminal code says homosexualism by a stretch of the law is illegal.
These two laws are in conflict with each other and as I pointed out, the constitution is supreme so automatically, it is the constitution that takes precedent.
Based on the above, homosexuals can decide to marry and if not given the right to do so, all they have to do is argue Article 17 by saying, they are being discriminated against or not being allowed to marry is discrimination, a breach of their constutional right..BINGO, they have a case…
Also, the African Charter on Human and Peoples’ Rights, ratified by Ghana in 1989 affirms the equality of all people and even gives homosexuals more grounds to operate freely. Article 2 guarantees the right to freedom from discrimination, article 3 guarantees equality before the law and article 26 outlines the duty of all individuals not to discriminate….
So until Article 17 is repealed or amended and probably the African Charter too, homosexuals have rights to their activities and possibly to even marry in Ghana. It seems we are stuck with homosexuals and will be seeing more of them in Ghana now until we solve the constitutional problem.
The new Boss of the Commission on Human Rights and Administrative Justice (CHRAJ) in Ghana has also clearly mentioned that, yeap, homosexuals have rights in Ghana…
So are you ready to live with them? see them kiss on the streets and having massive weddings next door?
Read below for more
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The newly appointed head of the Commission on Human Rights and Administrative Justice (CHRAJ) is advocating the decriminalization of homosexuality.
The law in its current state prohibits unnatural carnal knowledge which many believe criminalizes the sexual orientation of homosexuals. But Lauretta Lamptey says homosexuals have rights under the law and does not believe their activities should be criminalized.
Speaking on Joy FM prior to her first day in office on Monday, Ms Lamptey also waded into the politics of insults that seems to be creeping into the nation’s body politic. She therefore advocates that if there are specific sanctions that offer remedies to individuals who are slighted, it will help clamp down on such negative tendencies.
Touching on the fight against corruption, Ms Lamptey urged the citizenry to make available certain evidence and information that can be used in the corrupt practices. Source: Myjoyonline
yikes… thers fire on the mountain RUN,RUN RUN!!!!!!!!!!!… OK… Well..i dnt hate d humans practising it ..i jst hate the PRACTISE.. well ..hmm
dis shemales r in GH. i aint surprised. they run shit now
am not surprise at all.
This is one of the best posts ive read on GC so far.It really discusses the issue without playing on emotions and seeking to incite.I know this is an entertainment website but biguos to whoever wrote this….fact is,na matter what religion or a group of people say,if we have agreed to make the law (constitution) supreme.Then the law is the law.
Lets see if homophobes who are “trapped in the closet” will descend on this article and spew all sorts of hate and “dirty” language.
EWWW, GOD I HOPE U WILL NOT CURSE GH 4 THAT.
@jill,u are right,
the world is coming to an end…..all thats in the bible is coming to pass…. may God 4give them.
why are u guys surprise?all thats in the bible is coming to pass,,,,so u see it means that this world is coming to an end.may our good God 4give them.
WTF!…..! DIS IS NOT THE GHANA I KNO AND COME FROM.. DIS REALLY TELLS US THAT THE WORLD IS TRULY COMING TO AN END
pls i would lyk to know who the New CHRAJ Boss is his or her number or email address. that boss is crazy and he or she thinks ghana is for him or her for him to decide for the country.
…the law is the law if pple wanna be homosexuals let dem do wat they wantme i like men …pls lets stop this hatred they are also people and people have feelings
GHANA is BIGGER than this!! and there’s bigger and more important things for our leaders to concentrate on than homosexuals
@iris,Are you making sense
@iris, well the law is law but humans made the law so it can be changed, and also the law was made for humans not for animals therefore the concern politicians who doenst want Sodom and Gomorrah to happen in Ghana should advocate so that these kuku ppl who think they are smarter than God will be put to prison
There are estimated 350,000 people living with HIV/AIDS and still counting and Now they want these Trumu dykes to create more the so called new appointed idiot must be probably from that side as well aren’t there enough girls in Ghana to turn these Faggots straight gosh
@Miyagi,
Your two responses here so far contradicts you. What exactly do you want to say? I do not think anybody who who doesn’t have any feelings for a man and does not enjoy having sex with men will go for men. There has been instances where people have have left heterosexual marriages with children to go in homosexual relationships. i met this man who decided to be himself after marrying for 20 years with two kids. There are also people who walk away from homosexual relations to straight ones because they dont like it.
At the end of the day we have to understand people are born different. When I eat meat I puke right away but when other people eat it they dont. However, when they eat peanut they get sick. We must know that I dont force my body to reject the meat nor the other people who react to eating other items force themselves to get sick. It is wrong for people to get angry at me for not eating meat because my body cant take it though I do get a lot of persecution especially from African people for suffering when I eat meat. We should not be hippo-critic about this. It is the same way.
I think women suffer from the discrimination or unnecessary hatred against homosexuals. Men dont have problem with females who are gay except the females who dont like men at all but when you prevent a man form being gay he will marry to cover it up and do his own thing behind you. At the the end of the day men spread HIV so if he has it your chances of getting it is 97% but his chance of getting it from you the female is way way less. The ladies will stand to lose here so think twice before you force your duty of righteousness on other people, PURISTS!!!!
@ka, shut your mouth and stop talkin nonsense……it’s only like minded people who support dis bullshit.if u’re doin it den stop ok..dat place is meant for the excreation of waste not for sex.bein homosexual is a matter of choice, u choose it, it’s not hereditory and it’s not by birth. u
u’re talkin about ppl likin different things, if someone decides dat human flesh is wht makes him hapi,can he go round killin ppl to satisfy dat craving?? will he be arrested for followin his hearts desire??? dis is the issue at hand…..
the part that makes me mad is when after gettin together, dey go to a foster home to adopt a baby…….foolish idiots
@Miyagi, I said it!!…The homophobes who are still trapped in the closet will rear their heads.HOMOSEXUAL #1 IS MIYAGI.
@adwoa,Come and spread your legs so I can put some police abaa in between idiot who you calling homosexual seems like you got nothing to do
@Miyagi, come spread r ass…I can get guys with bigger timber than Urs to ram it.You ar just itching fr it aren’t ya.You are on GC 247,and yet I am the one with nothin better to do?…..lol.I see u call people wat u actually are….SEE!!….u are one confused guy.
@Adwoa,1 do you pay my contract bill 2. This is main reason why they are called smartphone take it and use it anywhere you go 3 you cone here attacking for no reason yet your not making sense So what does that make you a big joker I’m strait love pussy so STFU Because people like you have the right to be ugly, but you abused the privilege
There are far better human rights abuses in Ghana to ponder about than these who need cleansing. Try argue about your human rights, if you want to go drinking in dubai or wear a mini skirt in tehran…..your human rights is defined by what the laws of the land states. There are ghanaians infected with the gay disease, but to ask for rights to marry and all, is pushing their luck. Even America dont give all homosexuals that right. Next thing they want to have babies and they want surrogate mothers, sperm and egg donors. They aint getting jack……
@dagodfather, ..You keep coming out of the closet and arguing on EVERY gay issue.You need to find peace with yourself.And who said America doesnt give them that right.You must not live there.And if you do,then you live in a cave cos u dnt knw wats going on.Human rights is universal and not defined by the law of the land.If it were, then no country will intervene when atrocities are being commited in war torn and countries with dictators.Why do u think there is a U.N commission for human right.You myopic fool!!.,You cant even make sense when you speak.Bitch ass,pussy ass nigger!!You must be talking out of ur ass cos it is so loose from being fucked by a dick any and everything comes out of it…………..I will be expecting you to come here and further exhibit your stupidity and repressed homosexual aggression…The stage is yours,put on ur DRAG and work it gurl!!…..LOL!!
@dagodfather, WORD!! Reply:
Your comment is awaiting moderation.
August 2nd, 2011 at 15:55
@dagodfather, ..You keep coming out of the closet and arguing on EVERY gay issue.You need to find peace with yourself.And who said America doesnt give them that right.You must not live there.And if you do,then you live in a cave cos u dnt knw wats going on.Human rights is universal and not defined by the law of the land.If it were, then no country will intervene when atrocities are being commited in war torn and countries with dictators.Why do u think there is a U.N commission for human right.You myopic fool!!.,You cant even make sense when you speak.Bitch ass,pussy ass nigger!!You must be talking out of ur ass cos it is so loose from being fucked by a dick any and everything comes out of it…………..I will be expecting you to come here and further exhibit your stupidity and repressed homosexual aggression…The stage is yours,put on ur DRAG and work it gurl!!…..LOL!!
@word!, thanks for following my comments on here, sadly you are not the first and wont be the last. why dont you follow me on twitter @howtoridyourfolly you will learn alot there. I comment on posts i choose and dont know what your issue is with that……are you menstruating or something? get a grip, you aint the only one who goes through this cycle every month. I dont live in America, and you dont need to be resident in America to know that as a federal system, some states in America dont recognise same sex marriages. Its not rocket science! Ever heard of guantanamo bay? check the human right abuses committed by the “world police”, and the many injustices emanating from the west and come and talk some sense. I must have a hit a nerve in your previous pseudonyms cos you dont need to b**** a** n***** or p**** to put your gibberish across. you are blessed with a head and albeit a tiny brain, but you have to choose to use it.
this is nonsense
so i read the post and i must say that the writer is clearly a novice on legal matters. dont argue a legal case when u have no knowledge about it…. ur sense of analysis is flawed. there is a vast difference between discrimination and criminalization. the law criminalises homosexuality and anyone caught in the act will be punished. what the law also teaches is that u cant label someone a homosexual based on mere perception and thus treat the person badly. put these two issues together and tell me if it gives homosexuals the license to practice what they do. the law tells us to treat criminals with respect until they are found guilty. so yes homosexuals need not be discriminated against but the act is criminal and punishable by law. therefore mr. writer,….. until i have enough evidence to prove that u slept with a man,..u can still come have breakfast with me.
@ceph,
So what is the punishment according to the law when someone if found having sex with a person of the same gender or unnatural canal knowledge which include homosexual sex as well as oral sex (hetro or homo) and anal sex with a woman?
You must have failed to read well…I said the EFFECT of criminalizing homosexual activities as the criminal code does in Ghana is that, it encourages discrimination, the harassment and persecution of people (homosexuals) based on their identity and consensual sexual behaviour…
Anything that encourages the breach of a person’s given constitutional right is illegal…This is where the conflict between the constitution of Ghana and the criminalization of homosexual activities come in…
Apart from our own constitution of Ghana which guarantees rights and freedom from discrimination, harassment and persecution, Ghananaians including homosexuals have human rights such as right to privacy, freedom from discrimination, equal treatment under the law, freedom of association and others by virtue of the fact that, Ghana is a signatory to International treaties such as Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social an Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights (ICCPR) and others…
You probably need to re-read what I wrote and NOTE that I did not say discrimination and criminalization is the same, I said the latter has the effect of encouraging the former, therefore making the latter wrong…You need a good brain and intellect to understand LAW…LAW is not the usual Gossip, you need to do some thinking before you write a comment…LOL
the fact dat the constitution allows people a certain amount of freedom, it’s important to apply common sense in the application of the law…….
if we’re talkin about freedom and discrimination,why are Prisoners not allowed to vote? why are dey not allowed certain priviledges, why are dey not allowed to enter the race for the Presidency??? are dese not forms of discrimination????
why should we go against common sense in the name of human rights???are we done with tackling child labour??? if sex workers are arrested and punished by law, why should we even dream of allowing a man and a man to kiss,fondle and have sex??? does dis sound normal to us??? if this is the case, den the male teacher who had sex wit some of his male students should be freed….is dis wht we want??????
dey should pray to God dey don’t cross me….if i attend a party, go for a swim and any of dese idiots puts his filthy hands on any part of ma body….i swear to God i ma bust him up and face the law.nonsense.
Good Opanin…However, there is difference between having a right and actually enjoying the right…The fact that you are not allowed to enjoy a right certain time does not mean you do not have it…For example, in UK, prisoners by virtue of the Human Rights Convention have the right to vote, they have been denied this right for years.. In 2001, the High Court in UK threw out JOHN HIRST’s case that he as a prisoners has the right to vote. He went to the European court of human rights in 2004 and he won, the court ruled in 2005 that, yeap, prisoners have the right to VOTE and UK must ensure that they enjoy that right…
From 2005 till today, this right have not been materialized (prisoners are not enjoying it) , the gov’t can’t say they don’t have the right (now the gov’t accepts they have that right) but seems to be playing what Ghanaians will call DELAY TACTICS…So you see, they have the right but then they are not enjoying it….yet to enjoy (we are all waiting as to when).
In law, every human right argument states from, DO YOU HAVE THE RIGHT? . You need to first establish that you have the right before you can even think of arguing for its enjoyment…certain times, you may have the right but then the state may not have the resource to provide the enjoyment of that right which means your rights will continue to be breached…
Example, every Ghanaian child of school going age as the right to education ( heard it was even free basic education), however there are certain villages in Ghana without schools, children have to cross rivers to go to school which makes it possible for them to go to school at the school going age…In law, they have the right to education but then the gov’t has not gotten the resources to build a school near them, they are therefore denied of enjoying this right since it is impossible to cross rivers to go to school, therefore not going to the school….
You mentioned child labour, that is also a good example, children have the right not to be put into child labour, yet it is happening…this does not mean they don’t have the right, they have but the enjoyment is where the problem is now…So first, gays have the right…the enjoyment will be their next move to ensure they enjoy it…However, Ghanaians do not even want to accept that they have the right, that is the purpose of my write up…to explain…
@Posted By: Chris-Vincent Agyapong Febiri, i understand you…we all have rights but that right can be restricted under certain conditions……..everybody has the right to do whteva provided dat whteva doesn’t contravene the laws of the land………..i like the U.K example u brought in, the government might be delayin in allowin prisoners to vote b’cos dey want it to serve as a deterrent or form of punishment. dis will prevent the situation where ppl will feel comfortable goin to jail cos dey can still do everythin from der……….
as for homosexuality, Chris, it’s not normal…….even animals don’t do dat.no religion on dis earth accepts it…….
Lol, law and religion/moral are different..What is moral can be subjective, what the law is..is what it is… Surely rights can be restricted but the restriction must be made in accordance with the law, not morals or religion and must be justifiable and reasonable. In Ghana, we do not have any law restricting the practice of homosexualism now…So until probably a law is passed…As at now that we are writing this, Homosexuals have rights to their activities under the current state of law…This is all I wanted to point out in my write up…
As to whether this right can be restricted, repealed and others, that is something else we can look at later…
oh dear our beloved country is turning into something else, all in the name of Human Rights, so wat happened to our common sense as a people? God have mercy n intervene before the worst happens.
@Akosua Addai, AMEN OOO.
I have a good feeling this is not going to happen anytime soon. Heck even if the law goes on their side the people will ”fight” back . It won’t turn out to be the norm anytime soon you. Know.
batties and evil mind ppl will secretly and definately goes six feet deep!!fire upon all batties!! so Jah say.
HAHAHAHAHA.. this Gays are the most foolishest people in the world lesbians are even better than them.. how on earth can you reject pussy and go for anus .
OMG! PLEASE let educate them on pussy because i think they don’t know what they are missing .
Gays are fools.
@Eben,Hahaha
oh Gh.dis is a critical issue which has to b solved before its too late.It’s only those who don’t fear God engage themselves in such an activity.if we were all homo we will not have children in d nxt 25yrs.God open our eyes…AMEN.
CHURCHES ,DIS IS D TYM TO STAND UP AGAINST HOMO.SOME PASTORS DON’T PREACH DIS FOR FEAR OF LOSING MEMBERS.GOD SAVE US…