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Published online by Cambridge University Press: 19 March 2012
Particularly in developing nations, the movement has been toward the articulation of elaborate provisions in constitutions which guarantee the basic human and peoples' rights of the citizenry. In many cases these are reflections of the immediate past history of the young nations which were strewn with ugly spectacles of dictatorships on their path to democracy. The history of Ghana is unfortunately an illustrative example. The Ghana Independence Constitution of 1957—a very brief document—was brief to a fault and bereft of any provision for human rights. It is clear that the experience of years of abuse of human, political, and civil rights in Ghana explains many of the current constitutional guarantees of basic rights spelt out in the 1992 Constitution in order to protect citizens against future abuses.
In the past, treaty obligations under municipal laws of Ghana were such that even ratification of human rights treaties did not directly confer enforceable legal rights in the domestic courts of Ghana and implementing legislation was necessary to make a treaty right justiciable. In the 1992 Constitution of Ghana, the provisions of the Universal Declaration of Human Rights and of the African Charter on Human and Peoples' Rights, as well as others, are entrenched as constitutional provisions, are to be interpreted as such, and enforceable under the laws of Ghana. To the extent that drafters of the Ghana Constitution relied on the principles of the international human rights law enshrined in treaties and declarations, there are many similarities between the domestic law and some principles of international human rights law.
1 The Ghana (Constitution) Order-in-Council, 1957.
2 Ghana Const. (Constitution of the Republic of Ghana, 1992).
3 Universal Declaration of Human Rights, G.A. Res. 217A, at 71, U.N. GAOR, 3rd Sess., 1st. plen. mtg., U.N. Doc. A/810 71 (Dec. 12, 1948), entered into force 1976.
4 African [Banjul] Charter on Human and Peoples' Rights, June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, reprinted in 21 I.L.M. 58 (1982)Google Scholar, entered into force Oct. 21, 1986 [hereinafter ACHPR]
5 U.S. Const. art. VI, clause 2.
5a An exception can found in relation to treaties deemed by U.S. Courts to be directed at the “political branches” of government and thus “non-self-executing” in nature. See Neilson, Foster v., 27 U.S. 253 (1829)Google Scholar; Texas, Medellin v., 128 S. Ct. 1346 (2008)Google Scholar. Such treaties become part of U.S. law only after implementing legislation has been passed.
6 U.S. v. Belmont, , 301 U.S. 324 (1937)Google Scholar. See also Robertson, Edye v., 112 U.S. 580 (1884)Google Scholar.
7 Diplomatic Immunities Act, 1962, Act 148
8 Vienna Convention on Diplomatic Relations, Apr. 18, 1961, 500 U.N.T.S. 95: 23 U.S.T. 3227, entered into force Apr. 24, 1964.
9 2 Ghana L. Rep. 115 (1976)Google Scholar.
10 In that referendum the present writer voted “No” against the proposed Constitutional Amendment. After the fall of the Nkrumah regime in 1966, the late Dr. Ephraim Amu of Peki, a renowned intellectual and probably the greatest Ghanaian musician, stated to this author that he had also cast a “No” vote in that referendum in the same electoral Constituency. Both “No” votes (and most likely others) were converted into “Yes” by cowed and corrupt officials and the then Kpando Constituency officially recorded a 100% “Yes” votes for the Constitutional Amendment.
11 International Covenant on Civil and Political Rights, G.A. Res. 2200A (XXI), U.N. Doc. A/6316 (Dec. 16, 1966), Dec. 16, 1966, 999 U.N.T.S. 171, entered into force Mar. 23, 1976.
12 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Dec. 10, 1984, 1465 U.N.T.S. 85, entered into force June 26, 1987.
13 No. 17 of 1958.
14 See In re Amponsah & One Other, Ghana L. Rep. 140 (1960)Google Scholar; and In re Dumoga & others, Ghana L. Rep. 44 (1961)Google Scholar.
15 [1942] A.C. 206. The vigorous dissent of Lord Atkin, one of the most famous dissents in legal history, was ignored.
16 See In re Okine & Others, Ghana L. Rep. 1(1959)Google Scholar
17 July, 1, 1960.
18 Ghana L. Rep. 523 (1961)Google Scholar.
19 That was the Armed Forces Revolutionary Council (A.F.R.C.).
20 Convention on the Rights of the Child, G.A. Res. 44/25, 44 U.N. GAOR Supp. No. 49 at 167, U.N. Doc. A/44/49 (1989); Nov. 20, 1989, 1577 U.N.T.S. 3; reprinted in 28 I.L.M. 1456 (1989)Google Scholar, entered into force Sept. 2, 1990.
21 Children's Act of 1998.
22 See Carboo, Carboo v., Ghana L. Rep. 83 (1961)Google Scholar.
23 In the United States, see Lalli, Lalli v., 439 U.S. 259 (1978)Google Scholar and Gordon, Trimble v., 430 U.S. 762 (1977)Google ScholarPubMed where the rights of persons born out of wedlock were upheld on the basis of the equal protection clause of the U.S. Constitution. These cases and others reversed the earlier decision in Vincent, Labine v., 401 U.S. 532 (1971)Google Scholar and its progeny.
24 Convention on the Elimination of All Forms of Discrimination Against Women, G.A. Res. 34/180 34 U.N. GAOR Supp. No. 46, at 193, U.N. Doc. A/34/46 (1979); Dec. 18, 1979, 1249 U.N.T.S. 13; reprinted in 19 I.L.M. 33 (1980)Google Scholar, entered into force Sept. 3, 1981.
25 ACHPR, supra note 4, ch. 1.
26 Convention for the Protection of Human Rights and Fundamental Freedoms, Nov. 4, 1950, E.T.S. 5; 213 U.N.T.S. 221, entered into force Sept. 3, 1953. Section II, created the European Court of Human Rights. New Section II according to the provisions of Protocol No. 11, E.T.S. 155.
27 American Convention on Human Rights, Nov. 21, 1969. OAS Treaty Series No. 36; 1144 U.N.T.S. 123; reprinted in 9 I.L.M. 99 (1969)Google Scholar, entered into force July 18, 1978. Chapter VIII of the American Convention on Human Rights creates the Inter-American Court of Human Rights.
