Summary:
The Constitution of Ghana establishes the legal framework of the State, providing on fundamental and human rights. The last amendment of the Constitution was in 1996, which is reflected in the text.
Description:
The Constitution of the Republic of Ghana defines the structure of the state and outlines a Bill of Rights. The document protects personal freedoms and creates obligations for the government, many of which are relevant for public health. Several of these rights are relevant to FULL, including the following:
- Child’s Right to Care (Article 28). It establishes protections for children, including to receive required care for healthy development.
- Right to Health (Article 34). Under the realization of basic human rights, it establishes the right to good
health care. - Right to Welfare (Article 36). It outlines Ghana’s economic and social objectives. Clause (1) requires the State “to secure the maximum welfare, freedom and happiness of every person in Ghana and to provide adequate means of livelihood and suitable employment and public assistance to the needy.” Additionally, Article 36(10) obliges the State to “safeguard the health, safety and welfare of all persons in employment.”
- Protection of Human Rights and Freedoms (Article 37). Article 37(2)(b) requires the State to enact laws that protect fundamental human rights. It specifies protections for “the disabled, the aged, children and other vulnerable groups in development processes”. Article 37(3) states that, in fulfilling these obligations, Ghana must be guided by international human rights instruments relevant to development and vulnerable populations.
The right to food is not explicit in the Constitution’s text. However, related constitutional obligations- especially those concerning welfare, livelihood, health, and vulnerable groups- provide tangential support for policies that impact nutrition and food security. Moreover, Ghana has ratified the International Covenant on Economic, Social and Cultural Rights.