Ghana 111th on children’s use of courts to defend rights
Ghana has been ranked as 111th in the world on how effectively children can use the courts to defend their rights, according to new research by the Child Rights International Network (CRIN).
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The new report, ‘Rights, Remedies and Representation’, takes into account whether children can initiate lawsuits when their rights are violated, the legal resources available to them, the practical considerations for taking legal action and whether international laws on children’s rights are applied in national courts.
Ghana has ratified the UN Convention on the Rights of the Child (CRC) and incorporated it into national law through the Children’s Act. Generally, children can only bring cases to court through their “next friend” or guardian.
However, they may apply to the Family Tribunal themselves for a care or supervision order or submit a complaint about rights violations to the Commission on Human Rights and Administrative Justice.
Legal aid is guaranteed by law for fundamental rights cases brought under the Constitution, for children in conflict with the law and for children appearing at the Family Tribunal, though this is not always enforced. Children have a right to participate in proceedings concerning them and the right to privacy in Family Tribunal proceedings.
Work in progress
Achieving access to justice for children is a work in progress and the report represents a snapshot of the ways children’s rights are protected across the world. The report condenses findings from 197 country reports, researched with the support of hundreds of lawyers and NGOs and is intended to help countries improve access to justice for children nationally.
The Director of CRIN, Veronica Yates, said: “While the report highlights many examples of systems poorly suited to protecting children’s rights, there are also plenty of people using the courts to effectively advance children’s rights.
“Our ranking represents how well States allow children access to justice rather than how well their rights are enshrined. However, it is hard to ignore how many countries with deplorable human rights records are on the lower end of the ranking for children’s access to justice.”
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UN Committee
In the foreword of the report, the Chairperson of the UN Committee on the Rights of the Child, Benyam Dawit Mezmur, said: “The Committee welcomes this research and already envisages its concrete contribution to its various engagements with State Parties.
“Child rights standards in international instruments do not mean much for the lived reality of children if they are not implemented. In particular, if the fundamental rights of children are violated, it is critical that children or those acting on their behalf have the recourse, both in law and in practice, to obtain a remedy to cease, prohibit and/or compensate for the violation.
“I hope this study is only the beginning of a new shift in making access to justice for children a priority that will enable other rights to be fulfilled,” she added.