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Published online by Cambridge University Press: 28 July 2009
One of the important characteristics of the Constitution of the Republic of Ghana, 1992, is the prominence it gives to the constitutional protection of the rights of men, women and children who live for a larger part of their lives as families. Although there are passing references to the family, that word is not defined by the Constitution, but the absence of a definition need not be regarded as evidence of non-recognition of the concept of family in Ghana society. Few will disagree widi the proposition that the basis of every society from the most primitive to the most complicated is the family. As an institution it is of great antiquity.
1 1992 Constitution, e.g. Articles 28 l(e) and 36(8).
2 It has been classified as a pre-human institution. Bertrand Russell, Marriage and Morals, London, 1976, 112.Google Scholar
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12 Ibid., 49–55.
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22 Ibid., 26.
23 Amodu Tijani v. Sec. of Southern Nigeria [1921] AC 399, at 404. The holding was of equal force in Ghana.Google Scholar
24 Extract from the Report of the West African Land Law Committee 1917, para. 91; cited in Elias, T. O., Nigerian Land Law and Custom, London, 2nd ed., 173.Google Scholar
25 PNDC Law 111 of 1985.
26 Larkai, v. Amorkor (1933) 1 W.A.C.A. 323, at 329.Google Scholar
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30 J. W. Salmond, Jurisprudence, or the Theory of the Law, 3rd edition, 1910, at 489.
31 Maitland, Constitutional History of England, at 532 quoting Holland's definition of constitutional law.
32 Ghana (Constitution) Order in Council, 1957 (S.I. 277). The Ghana Independence Act, 1957 (5 & 6 Eliz. 2 C. 6).
33 Yet the Constitution of the Federation of Nigeria contained a chapter entitled Fundamental Rights which protected “private life and family life”. L.N. 159 of 1960, s. 22.
34 S. 1 277, s. 31(2) & (3).
35 The Constitution of the Republic of Ghana, 1960.
36 [1961] G.L.R. (Part II) 523, S.C.
37 Memorandum on the Proposals for a Constitution for Ghana (State Publishing Corporation 1968) paras. 180–89.
38 G.A.O.R. 3rd Session, Res. 217A.
39 In force on 22 August, 1969.
40 The Proposals of the Constitutional Commission (Ghana Publishing Corporation, 1978) para. 88
41 G.A.O.R. 3rd Session, Res. 217A.
42 Res. 503 D (XVI) of ECOSOC at its 736th plenary meeting, 23 July, 1953.
43 G.A.O.R. 34th Session, Res. 180.
44 O.A.U. Doc. CAB/LEG/67/3/Rev. 5.
45 G.A.O.R. 44th Session, Res. 25.
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51 See also Art. (3) of the UN Convention on the Rights of the Child of 20 November, 1989. Section 18(2) of the Courts Act, 1993 (Act 459) provides that the welfare of the infant shall be the primary consideration of the High Court in the exercise of its powers.
52 Art. 37(2)(b).
53 Art. 39.
54 Art. 37(3).
55 R. v. Secretary of State for Home Department, Ex Parte Brind [1990] 1 All E.R. 469, at 477.Google Scholar
56 At the UN 4th World Conference on Women, Beijing, China, 5 09, 1995.Google Scholar
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