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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The impact of the 1992 Constitution on family rights in Ghana
Author:Daniels, W.C. EkowISNI
Year:1996
Periodical:Journal of African Law
Volume:40
Issue:2
Pages:183-193
Language:English
Geographic term:Ghana
Subjects:constitutions
1992
family law
Law, Legal Issues, and Human Rights
Family Life
Politics and Government
Women and Their Children
Abstract:Notwithstanding the fact that the concept of the family and chieftaincy is embedded in the fabric of Ghanaian society, only chieftaincy was given constitutional protection in Ghana's early constitutional experiments. The Second Republican Constitution of 1969 was the first national document to acknowledge the principle that the welfare of the family was part and parcel of the fundamental rights and freedoms of the individual. However, it is clear that international treaties and UN conventions had little influence on this and the Third Republican Constitution, 1979, with respect to equal rights of men and women and the rights of children. One of the important characteristics of the Constitution of the Republic of Ghana, 1992, by contrast, is the prominence it gives to the constitutional protection of the rights of men, women and children within the context of the family. The provisions of the Constitution make it clear that the notion that family law is to be regarded as a branch of civil law or private law is no longer tenable. Even though the word family is not defined, the Constitution indicates that the correct legal approach with regard to the enjoyment of family rights should be based on the modern doctrine that family rights derive from individual rights and not vice versa. Notes, ref.
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