Child marriage and associated outcomes in northern ghana. Customary marriage in ghana serves the same purpose as marriage all around the world. The constitution of the republic of the republic of ghana 1992 1. Ghana does not recognise samesex marriage or samesex civil unions. Marriage and internal conflict of laws in ghana jstor. Violence and discrimination against lgbt people in ghana hrw. The global property guide looks at inheritance from two angles. Along with the constitution of ghana, the citizenship act, 2000 is the exhaustive law relating to citizenship in ghana. Ghana ratified the convention on the rights of the child in 1990, which sets a minimum age of marriage of 18, and the convention on the elimination of all forms of discrimination against women cedaw in 1986, which obligates states to ensure free and full consent to marriage. Supremacy of the constitution 1 the sovereignty of ghana resides in the people of ghana in whose name and for whose welfare the powers of government are to be exercised in the manner and within the limits laid down in this constitution. Customary marriage is the most common form of marriage in ghana. Constitution of the republic of ghana 1992, as amended to 1996. This involves administration of the marital union by a religious leader, such as imam, or a religious minister.
Its effect is to unite a man and a woman in wedlock and to bestow upon them the status of husband and wife 4, with all the rights and obligations attendant upon that status 5. In ghana, the coming into force of the constitution, 5 in addition to affirming the property. In ghanas most recent population census 2010, it was estimated that 5. And whereas on the first day of august, 1962 the ghana apostolic church. Ghanas constitution of 1992 with amendments through 1996. Under act 367, adultery is defined as the voluntary sexual intercourse of a married person with a person of the opposite sex other than his or her. There are as many variations of the custom as the ethnic groups there are in ghana. Marriage laws in ghana marriage is the means of forming a family unit. Arguments for homosexuality in the world call for proper interpretation of. Currently 2015, polygamy is illegal in ghana, although laws against this lifestyle are not heavily enforced against those who choose to. On the other hand, if she was married legally with a registered wedding at the marriage bureau.
In short, ghana is a comparative law laboratory or workshop. The politician is always on a look out to exploit and to take advantage of situations and social groupings to advance their cause and these have both. In ghana, a lowermiddleincome country, child marriage is prohibited under the constitution and by law. According to the ghanaian constitution of 1992, any person under the age of 18 is a child and can therefore not marry or be married off.
A person born in or outside ghana after the coming into force of ghanas 1992 constitution, shall become a citizen of ghana at the date of his birth if either of hisher parents or grandparents is or was a citizen of ghana. Below are the marriage forms that are practiced in ghana. Dear mirror lawyer, what types of marriages are recognised in ghana. In response to this situation, fighting child marriage has become a core development and human rights issue. Marriage of mohammedans ordinance 1907matrimonial causes act 1971. Mensah married abi dosu theresa when they were both members of the ghana armed forces. Chapter three citizenship 6 1 every person who, on the coming into force of this constitution, is a citizen of ghana by the law shall continue to be a citizen of ghana. In ghana, 1 in 5 girls aged 2024 years are married before the age of 18. It is an inexpensive or a very affordable way to marry. Yet it is still common practice particularly in poor and rural areas.
The 1992 constitution of the republic of ghana recognizes the various customs as a source of law in ghana. The requirements for ordinance marriage in ghana labone. A single person may apply to adopt a child if that person is a citizen of ghana, except that a single male may adopt only if the child to be adopted is his biological child. The partners must be 18 years or older and none of the two entering into a marriage by ordinance shall be in any form of marriage with any other persons.
But in all forms of the marriages allowed in major parts. It is permissible under traditional laws to have more than one wife. Constitution of ghana wikisource, the free online library. Mensah was an officer and theresa was a female of a different rank, the marriage violated the armed forces act, which requires that for a male officer to marry a lowerranked woman, the woman must first resign and obtain the requisite prior approval for her release from the ghana. Marriage and divorce law 4 years ago admin laws and acts governing the system.
While the prevalence of child marriage in ghana has declined over the past three. Marriage under the ordinance is the civil union available to any ghanaian to take. Marriage as defined by the constitution of ghana 20192020. To provide a legally acceptable means of sexual indulgence with one another with the ability to reproduce and build a family while providing either party support and lifelong partnership and companionship. Article 2701 provides for the recognition of the institution of chieftaincy, together with its traditional. The requirements for ordinance marriage in ghana are quite simple. Ghana is a focus country of the unicefunfpa global programme to. Amendments to the constitution in 1960 transformed ghana into a republic under a president and set up one party state. Customary marriage in ghana is a kind of marriage between a man and a woman, and involves performance of certain local customs. 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. However, there is little empirical evidence on the predictors, norms and practices surrounding the practice to support their efforts, a gap this study sought to fill.
In view of the pride of place that our constitution has in the sources of law in ghana, reference article 11 1 of. The specific customary rites that are followed vary from group to group, although in virtually all cases customary marriage involves a gathering at which the bridegrooms family makes payment of a brideprice to the brides family, followed by the bride being asked if she will accept the bridegroom as her husband. However, properties given out as gift are subject to a gift tax on the market value of the total gifts received. First, this form of marriage is made between a man and a woman only. Existing law is defined as the written and unwritten laws of ghana predating the current constitution, as adapted to conform to the constitution. Ghana amended its nationality law in 2000, to the 2000 ghana citizen act dual citizenship scheme, which came into effect from friday, 1 november 2002, in accordance with the provisions of the. Exactly a decade ago, on february 21, 2007, ghana made a decision on the proposed criminalisation of marital rape spearheaded by the national coalition on domestic violence legislation and some. Russian president vladimir putin wants marriage to be defined as the union of a man and woman in a revised constitution, ruling out gay marriage. The specific customary rites that are followed vary from group to group, although in virtually all cases customary marriage involves a gathering at which the bridegrooms family makes payment of a brideprice to the bride. The impact of the 1992 constitution on family rights in ghana.