Nation needs robust legislation to protect children — CJ

The country needs a robust legislation that will protect and ensure the holistic development of the Ghanaian child, the Chief Justice, Gertrude Torkornoo, has said.

She explained that “with a robust legislation and policing system, our children are better placed to grow up in a safe environment and achieve their greatest potential. This is what the Children’s Bill seeks to do.”

In a speech read on her behalf by a circuit court judge, Ellen Ofei-Ayeh, at a National Stakeholders’ Consultative meeting on two bills, the Children’s Bill, 2021 and the Child Justice Administration Bill, 2021, in Accra, the Chief Justice commended the Ministry of Gender, Children and Social Protection (MGCSP) for spearheading the enactment of the two bills which would ensure the welfare and protection of all children, including those in conflict with the law.

Justice Torkornoo said the decision by the Ministry to repeal the Children’s Act, 1998 (Act 560), the Children’s (Amendment) Act 2016 (Act 937), and the Juvenile Justice Act, 2003 (Act 653) was important at a time the family and societal breakdown had become the norm and heightened number of crime cases involving children. 

The dynamics of crime, abuse, education, parenting, morals, the Chief Justice noted, had changed, “so there is the need to be abreast of the changing times to afford our children the much needed protection, whether they are subjects of the court, child victims, child witnesses, or children in conflict of the law”.

The consultative meeting was to enable stakeholders to renew the commitment of partners and stakeholders to the amendment process and submit the final inputs for incorporation into the bills.

It was also to seek consensus on provisions of the bill, form the justification for Cabinet and parliamentary approval, among others.

Meeting  

The participants included representatives from ministries, departments, and agencies (MDAs), non-governmental organisations (NGOs), civil society groups, including the coalition of NGOs on the Rights of the Child, public institutions, schools, courts, the academia, lawyers, health sector, education, security agencies, religious groups and traditional authorities. 

The Children’s Bill has been captured in 219 sections which will, among other things, introduce the right to play and social activity, the right to opinion, protection from drugs, protection from cyber /online crimes, protection from sexual abuse/exploitation and protection from and criminalisation of unreasonable force under corporal punishment in the face of the Criminal Offences Act (Act 29), as amended regarding the use of force or a blow by parents, offences related to adoption.

The Child Justice Administration Bill, 2021, on the other hand, is to protect the rights of children who are in conflict with the law.

It is also to ensure the protection of child victims and child witnesses of crime and provide for related matters.

Substance abuse  

The 2019 Ghana Drug Report had revealed that more than 2,700 boys and 3,100 girls smoked cigarettes and shisha, 70 per cent of inmates in 15 psychiatric hospitals were youth from junior high schools and tertiary institutions for which 20 to 30 per cent were due to substance abuse. 

Justice Torkornoo cited another research on substance abuse among street-connected Children and Adolescents in Ghana and South Africa which revealed that marijuana, amphetamines and alcohol were predominantly used by children between the ages of 8 and 19 years. 

Such children got involved in offences such as assault, sexual abuse, robbery and stealing.

The Chief Justice said even though section 18(1) of the Children’s Bill 2021 had provided that a child is entitled to protection from drugs, the option of a fine for anyone in breach of the provision was inadequate considering the risks and exposure towards the child.

Advisory committee 

The sector Minister, Zuweira Abudu, said an advisory committee set up, comprising experts from all relevant institutions, to guide the review process had executed its mandate to produce the first draft of the amendment bills.   

She expressed the hope that the outcome of the consultative meeting would push the bills to the next stage of approval. 

Ms Abudu acknowledged the immense support of UNICEF and Global Affairs Canada throughout the comprehensive legal review process.