Child Rights International (CRI) has commenced an action at the Supreme Court seeking interpretations of certain provisions of the 1992 Constitution and whether the current conditions of children living on streets in Ghana are not inconsistent with the said provisions.
The provisions include Article (1) (c) and (d) clauses (2), (3) and (4) of Article 28 of the 1992 Constitution and clauses (1) and (2) of Article 15, clause (1) of Article 13 and clause (4) of Article 35 of the Constitution.
The Child Rights advocacy group wants the Court to determine whether, on a true and proper interpretation of these articles and clauses, the conditions of children on Ghana’s streets are consistent with the said provisions.
The group is seeking 12 reliefs from the Supreme Court including a declaration that the government is in breach of articles 25(a), 28 (1) (a), (d), (2) (3) (4), 13(1) and 37 of the Constitution and has failed to take urgent steps to ensure children receive protection against exposure to physical and moral hazards and do not engage in work that constitutes a threat to their health, education or development and that children are not deprived of medical treatment, education or any social or economic benefit.
The other reliefs being sought by Child Rights include:
ii. A declaration that the Government of Ghana is in breach of articles 15(1), (2), 13(1) and 35(4) of the 1992 Constitution for not faking urgent steps to ensure that children receive special protection against exposure to physical and moral hazards as enshrined in the Constitution of Ghana, 1992;
iii. An order for the Government to establish Child Protection Units in the municipal in cities where child exploitation for begging and for work is at a high level.
iv. An order for the Government to define by law, penalties for family members, local government units and schools that do not guarantee the observance of children in street situation rights.
v. An order for the government to define by law, penalties for child exploitation for begging or other forms of economic exploitation and to punish all those who may try to benefit or gain money from children’s work.
vi. An order directed at the Government to improve the Law on healthcare by defining by law the provision of free primary health services to all poor children, children living in street situations or children in emergency situations.
vii. An order directed at the Government of Ghana to provide rules and procedures to be followed for the provision of free basic medical services to poor children, children in street situations or children in emergency situations and the agencies that can ask for this help on behalf of children.
viii. An order directed at the Government to implement mechanisms to control and enforce the legal framework guaranteeing education for all children.
ix. An order to the government to define by law the facilitation procedures related to school enrollment of children in street situation and their provision with the necessary didactic material.
x. An order for the government to submit to the Apex Court, not later than three months from the date of final judgment, a plan of action detailing all the steps, strategies, and measurable targets by which the defendants undertake to obey and perform the orders contained in reliefs (iii), (iv), (v), (vi), (vii), (viii) and (ix);
xi. An order directed at the government to submit to the Supreme Court, two years from the date of final judgment and thereafter every six months until the expiry of the three-year plan of action, a report particularizing all the steps taken, and targets met in obeying the orders of the Honourable Court contained in reliefs (iii), (iv), (v), (vi), (vii), (viii) and (ix);
xii. And any other orders, directions, or reliefs the Honourable Court considers just and proper to grant.
According to CRI, every child under the 1992 Constitution has the right to be protected from engaging in work that constitutes a threat to their health; a right to education or development and should not be subjected to torture or other cruel, inhumane or degrading treatment or punishment.
In its statement, the plaintiff noted that courts all over the world have held that governments should take legislative, administrative, social and educational measures to ensure the protection of children from hazardous exploitation.
CRI mentioned a number of cases around the world to support its statement and these include: the case of Villagran-Morales et al.) v. Guatemala, [1999] IACHR 17 in which five youths, three of whom were minors and “street children”, were abducted, tortured, and killed by state security agents.
It also cited Vishal Jeet v. Union of India case AIR [1990] SC 1412 in which the Supreme Court of India in its judgment directed the government to undertake measures in eradicating child prostitution and institute a social welfare programme to be implemented for the care, protection, treatment, development and rehabilitation of the young fallen victims namely, the children and girls rescued either from the brothel houses or from the vices of prostitution among many others that highlighted the various rights of children from right to life to dignity.
The Plaintiffs argue none of the reliefs being sought is in furtherance of claims personal to itself or in its personal interests but is only seeking to advance the welfare and dignity of children living on the streets of Ghana.
It added that there is no Ghanaian case law on the enforcement of the human rights of children living on the streets, hence there is every reason for the Supreme Court to assume jurisdiction in the case, in order that some clarity could be brought to the concept of human rights of children living on the streets under articles 15(1)(2), 28 (1)(a),(d), (2)(3)(4), 13(1) and 37 of the 1992 constitution.