• arfairch
• Civil Litigation
• May 31, 2024

Rights of Individuals in Ghana

Constitutional Rights Freedom of Speech and Expression: Under Article 21(1)(a) of the 1992 Constitution, individuals have the right to express their opinions without government restraint. This encompasses various forms of communication, including spoken words, written publications and artistic expressions. However, this right is balanced with responsibilities and restrictions, particularly where speech incites violence, hatred, or discrimination. For example, the Criminal Offences Act, 1960 (Act 29) includes provisions that address libel and slander, ensuring that freedom of speech does not harm others unjustly. Right to Privacy: Article 18(2) of the Constitution guarantees the privacy of individuals’ homes, property, correspondence and communications. This protection extends to personal data, which is regulated under the Data Protection Act, 2012 (Act 843). The Act requires data controllers to ensure that personal information is collected, processed and stored securely and lawfully. For instance, businesses collecting customer data must obtain consent and ensure that data is used only for the intended purposes. Right to Due Process: Ensured by Article 19 of the Constitution, due process guarantees fair treatment through the judicial system. It includes the right to a fair hearing, the right to be presumed innocent until proven guilty and the right to legal representation. In