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Dissertations / Theses on the topic 'Human rights – Ghana'
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1
Bond, Helen. "Teaching for Freedom: A Case in Ghana." Diss., Virginia Tech, 2001. http://hdl.handle.net/10919/25996.
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The United Nations declared the years 1995 to 2004 as the Decade for Human Rights Education. The principles of human rights education promote dignity, tolerance, and peace by educating individuals and groups to respect, defend, and advocate for their rights. These rights are enshrined in the Universal Declaration of Human Rights, which was adopted in 1948 making human rights a global responsibility. During this decade nations are called upon to promote and implement human rights education in all sectors of their society. In 1992 Amnesty International Norway developed a human rights education program called Teaching for Freedom (TFF). This program was implemented in 26 countries worldwide including all ten administrative regions in Ghana, West Africa. The purposes of the TFF program were to educate the youth and train final year teachers in the principles of human rights. These programs are based on the notion of universal human rights that are sometimes criticized as Western and non-applicable to the African context. Human rights education programs are tasked with not only making these universal principles meaningful and participatory in the lives of the people on the ground, but also implementing culturally legitimate programs in local contexts with few resources. This study attempted to understand how the Teaching for Freedom program accomplished these aims and the barriers that impeded it. Using qualitative analysis and the grounded theory approach, I conducted a case study of one TFF program located in one school in one region of Ghana. This human rights education program operated as a club and was studied within the context of the school and society in which it operated. Grounded theory analysis revealed that the TFF club was a conflicted organization whose operation was greatly shaped by forces within the school that were also present in larger society. I describe the operation of the club in terms of awareness, empowerment, and implementation. Barriers to the operation of the TFF club were identified within these three areas of operation and were closely related to the conflicting cultural forces within the school and Ghanaian societyPh. D.
2
Armah, Collins. "Poverty as an Abuse of Human Rights in Ghana. : A grass roots perspective on poverty and human rights." Thesis, Högskolan Dalarna, Historia, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:du-4901.
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The study aimed at getting a grass root opinion on poverty and why Ghana is still poor after 50 years of independence in spite of her richness in natural resources, second largest producer of cocoa in the word and appreciable stable political environment. The opinions of the ordinary people in the Bia district and their observed living conditions was analysed in line with theoretical basis of the study and previous studies to justify the stance that poverty should be considered as an abuse of human rights. It was concluded based on position of informants and previous data available that though many factors have been raised by previous scholars as the cause of poverty, the actions and inactions of both internal and external power-holders is the main source of poverty in Ghana. It was proposed that for poverty to be reduced in a sustainable way there should be strong civil society groups and active citizens through civic education to hold power-holders accountable. Until the actions and inactions of power-holders which have subjected many Ghanaians into intergenerational poverty are seen as human rights abuse, the rights of many Ghanaians would be constantly abused. This will eventually defeat the promotion of human rights culture in Ghana.
3
Rubagumya, Jean Chrysostome. "Application of international Human Rights instruments (IHRIs) by domestic courts : a comparative study of Rwanda and Ghana." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18622.
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The essence of human rights and their dimension goes beyond national level. It is universal because it is inherent to human kind. The main source of human rights norms is international human rights instruments. The concern for human rights has grown worldwide and therefore they have been given priority by most nations. They are more and more integrated into national legal frameworks mainly in states constitutions with more or less enforcing mechanisms. As far as the realization of rights is concerned various mechanisms are involved on different levels: international, regional and national. Each of the three levels has its advantages and disadvantages. Yet, the local mechanisms appear to be more effective and adequate given the fact that they are closer to the real subject of the rights (the individuals). In point of fact, human rights involve mainly the relationships between individuals and states but sometimes also between individuals living somewhere in a nation.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
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Centre for Human Rights
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4
Appiagyei-Atua, Kwadwo. "An Akan perspective on human rights in the context of African development." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/NQ64499.pdf.
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Fernandes, Joao Miguel de Brito Pinto. "Enforcement of international human rights law in domestic courts in Mozambique and Ghana." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1143.
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"The domestic courts have not been able to enforce international human rights in Mozambique and there are no institutions to address the concerns of victims of human rights abuses. A limited number of NGO's operating in the field of human rights play a role, which is not significant considering the number. Several factors, for example, the lack of knowledge of international human rights instruments by the people in charge of administration of justice such as judges, prosecutors, or even lawyers and legal assistants, may explain this. The present paper is an attempt to explore why the international human rights norms are not enforced in the Mozambican legal system; this will be done in a comparison with the situation [in] Ghana. ... This paper is structured in five chapters. Chapter one is the introductory chapter, it essentially introduces the topic, discusses the manner in which the research will be caried out, namely the methodological approach used, literature review, objectives of the study and its limitations, [and] last but not least, it outlines the research questions and the hypothesis. Chapter two gives the definitions of the main concepts used in this paper; it goes further in discussing the relationship between national law and international law focusing [on] the theories of monism and dualism. It also analyses the constitutional provisions dealing with international law in the Mozambican and Ghanaian legal order in the light of the monist and dualist theories. Chapter three discusses the sources of international human rights law and their implications [for] the enforcement of internationl human rights law in domestic courts. It goes further by discussing the principles governing domestic applicability of international human rights law and finally discusses the obstacles to the enforcement. Chapter four is the case study of this paper: it analyses how international human rights law is enforced by domestic courts in Mozambique and Ghana and several other aspects around the judiciary and the international human rights law training. Chapter five finally draws conclusions and gives recommendations on what should be done to ensure the enforcement of international human rights law in domestic courts." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Kofi Quashigah at the Faculty of Law, University of Ghana
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
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6
Chabane, Polo Evodia. "Enforcement powers of national human rights institutions : a case study of Ghana, South Africa and Uganda." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5295.
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The purpose of this study is to analyse the effectiveness of the Uganda Human Rights Commission UHRC), which possesses judicial powers vis-à-vis the Commission on Human Rights and Administrative Justice of Ghana (CHRAJ) and the South African Human Rights Commission (SAHRC) which do not
possess such powers. The difference notwithstanding, all the three have been rated as the best national
institutions in Africa. Due to time and space constraints, one will focus specifically with the mandates of
the three commissions and in particular, on the different or distinct mandates assigned to them, namely,
that of CHRAJ to deal with corruption, that of SAHRC to deal with economic, cultural and social rights
and UHRC of dealing with torture matters and generally of constituting a tribunal. This study was motivated by the fact that Lesotho will be setting up a national institution in 2008 and one would like to
draw lessons from these institutions and pick up elements that could best suit Lesotho.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof Kofi Quashigah of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Rushwaya, Chipo Irene. "A critical analysis of the legislative framework regulating intercountry adoption in South Africa and Ghana." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9176.
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Includes bibliographical references.There are millions of children worldwide without parental care, families and homes. The HIV/AIDS pandemic, civil wars and poverty among other factors have contributed to the population of millions of orphans and destitute children in Africa. The Convention on the Rights of the Child (CRC) provides that ‘a child temporarily or permanently deprived of his or her family environment, or in whose best interests cannot be allowed to remain in that environment, shall be entitled to special protection and assistance by the State.’ Thus, States Parties have an obligation to provide alternative care for such children in accordance with their national law. Such care includes ‘foster placement, kafalah of Islamic law, adoption and placement in suitable institutions.’ The CRC also recognizes intercountry adoption as one of the many possible solutions to children deprived of a family environment or parental care. However, it is only considered as a last resort if the child cannot be cared for in the country of origin.
8
Mmbando, Charles Joseph. "Toward the realistions of the right of access to justice: a comparative analysis of the legal aid schemes in Tanzania and Ghana." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8098.
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This study focuses on the right of access to justice and the factors that limit the realisation of the right. It also examines the concept of legal aid, its importance and then discusses the legal aid schemes that have been developed in Tanzania and Ghana and how they promote the right of access to justice. The author also compares the legal aid schemes of Tanzania and Ghana and how the legal aid schemes could be improved to further promote the right of access to justiceThesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008.
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Kwadwo Appiagyei-Atua of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
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Bonabom, Isidore. "The development of a truth regime on 'the human' : human rights in the Gold Coast (1945-57)." Thesis, University of Sussex, 2012. http://sro.sussex.ac.uk/id/eprint/38621/.
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The thesis proposes to approach the idea of human rights as a specific truth regime on ‘the human' that contests those regimes of falsity which deny the essence of humanness on grounds such as race, sex, colour, gender, national or social origin. This theoretical proposition is supported by a case study of the deployment of the idea of human rights in the Gold Coast from 1945 up to Ghana's independence from colonial rule in 1957. As such, the study analyses how the concept of human rights, affirmed in the 1945 United Nations Charter and the 1948 Universal Declaration of Human Rights and articulated in the 1950 European Convention on Human Rights, influenced domestic politics in one British colony in Africa. At the same time, the study highlights the way in which post-World War II nationalism produced some of the most important political changes affecting this region in this era. Relying on a first-hand investigation of archival and primary sources, the thesis scrutinizes the formulation of demands for the collective right to self-determination which emanated from nationalist movements, the evolving drafts for a bill of rights in Ghana's Independence Constitution and the debates on whether or not to extend the European Convention on Human Rights to the Gold Coast. The particular and disprivileged position of women in the colony is a subject of critical commentary throughout the thesis. By examining critically the emergence of the human rights idea, the study draws attention to the complex interplay of factors as well as actors that inspired a new-fangled notion of universal rights, while highlighting the way politics, including Cold War politics, contributed to define the subject of human rights in an ambiguous, incomplete but promising way.
10
Lasseko, Matilda E. K. "Human rights implications of including services in Economic Partnership Agreements: the case of banking services in Ghana." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8063.
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With the banking sector showing remarkable growth in Ghana, it is a probable target for liberalisation by the European Union to enable their banks to enter this market. The author addresses the following research questions: (1) What are the possible outcomes of increased foreign participation through commercial presence upon liberalising the banking sector under Economic Partnership Agreements (EPAs)? (2) Which recognised human rights, that Ghana has an obligation to respect, could be affected by liberalising the banking sector in Ghana under EPAs? (3) What are the outcomes of liberalising the banking sector on poverty reduction and development in Ghana?Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2008.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr K.K.K. Ampofo, Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
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Mtshali, Linda A. "Protection of women's rights in Africa through national human rights institutions (NHRIs) : a case study of Ghana and the Republic of South Africa." Diss., University of Pretoria, 2010. http://hdl.handle.net/2263/16746.
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Marginalized and vulnerable groups have always existed in societies. Such groups have always
needed protectors of their rights. In democratic countries institutions have had to be established
to ensure that the rights of these groups are protected. National Human Rights Institutions
(NHRIs) are part of these institutions. NHRIs are important and vital as they 'serve as
independent bodies for the protection and promotion of human rights‘.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr. Kwadwo Appiagyei-Atua, Faculty of Law, University of Ghana, Ghana. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
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12
Pettit, Justin Kyle. "Bilateral development assistance and the human rights obligation of international assistance and cooperation : USAID, DFID and the rights to education and health in Ghana." Thesis, University of Essex, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.574459.
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The present study contributes to the ongoing debate regarding extraterritorial human rights obligations with a specific focus on development cooperation. Various international human rights instruments enshrine the obligation to take steps through international assistance and cooperation towards the realisation of economic, social and cultural rights, yet the legal standing of the obligation remains contested, and a number of gaps remain as regards our understanding and application of the obligation. This study first considers the legal foundations of the obligation of international assistance and cooperation, reaffirming its existence as a legal duty, not just a moral one. With reference to the output of treaty bodies, reports of UN Special Procedures and relevant academic commentary, the various aspects the obligation are clarified and placed within the context of international development cooperation. Specific extraterritorial duties in relation to the rights to education and health are also . identified. In order to provide contextual description of the obligation and means of its implementation, examination and comparison of development activities of American and British bilateral development agencies in Ghana is undertaken. Legislation, policies and activities of the United States and United Kingdom are explored to ascertain the degree to which they are consistent with elements of the obligation of international assistance and cooperation, and to assess the impact that their aid initiatives have on the exercise of the rights to education and health elsewhere. Although neither the US nor UK recognise the legal character of the obligation of international assistance and cooperation, there are some encouraging signs with regard to implementation of its various components. However, the analysis also makes apparent that as the obligation continues to evolve there remain a number of significant challenges to its acceptance and wider implementation.
13
Opoku, Emmanuela A. "Gender in Climate Policy and Climate Finance in Ghana." Thesis, University of North Texas, 2019. https://digital.library.unt.edu/ark:/67531/metadc1538740/.
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This dissertation makes use of theoretical frameworks drawn from development theory, ecofeminism, climate science, environmental and distributive justice, and human rights to provide gender analysis of climate policy, including climate finance.The problem addressed is that climate impacts are exacerbating food insecurity that is women's responsibility in the global South. First, I use literature in climate science to detail the impacts of climate change on agriculture in Africa and show how this exacerbates women's poverty that is driven already by persistent socioeconomic inequalities and gender bias. I conclude that women as food producers are especially vulnerable to climate impacts on food security. Next, I assess international climate policy through gender analysis of the United Nations Framework Convention on Climate Change (UNFCCC) against other United Nations (UN) gender policies, followed by gender assessment of Ghanaian climate policy. I conclude that both international and Ghanaian policy fail adequately to address gender and women's needs, despite making advances on gender-inclusion and gender-sensitivity since the turn of the century. I then present a case study in climate finance by evaluating the capacity of an Adaptation Fund Project (AFP) in northeast Ghana to meet women farmers' needs. I gather data from Project implementers and intended beneficiaries, i.e. women in village communities, using interviews and focus group discussions. I conclude that the Project is not successful in engaging women and identify reasons for this failure, including slow distribution of funds to implementers, petty corruption, and community gender biases. In the final chapter, I summarize my findings and make recommendations for policy interventions better to meet women's climate adaptation needs in order to maintain food security and avert the humanitarian crises in hunger that are already well underway in Africa.
14
Buadi, George. "The legislature and good governance from a human rights perspective: a comparative study of Ghana and South Africa." Diss., University of Pretoria, 2002. http://hdl.handle.net/2263/977.
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"The study is divided into six chapters. Chapter one introduces the study, by looking at the background factors contributing to the poor governance in Africa. The chapter sets off with the problem, objective, and motivation of the study. The chapter sets out the hypotheses of the study, the methodology used, and the review of the available literature. The chapter concludes with the clarifications of concepts used in the study. Chapter two makes a brief background legislative history by looking at the past constitutional frameworks and the political systems that might have influenced the Legislatures of the two countries. The chapter continues with the current constitutional frameworks of both countries and examines the Legislatures established under them. Chapter three starts with the crux of the study - the roles of both Legislatures and delves into their representation and participation roles. The chapter assesses the medium of representation and extent to which the general public gets involved and participates in the deliberations of the LG and LSA. Chapter four looks at the law-making role. The chapter looks into how through legislaiton both Legislatures flesh out their constituitonal values to create more tangible boundaries within which their citizens conduct their lives. Chapter five looks into the oversight role over the executive. The chapter looks into the mechanisms in place to oversee the executive, and to hold them to account on their performances. Chapter six concludes the study with a summary. It makes a comparative analysis of the LG and LSA. The chapter tests the hypotheses of the study. It looks also at the challenges of both Legislatures. The chapter concludes with recommendations aimed at effective performance of the Legislature in Ghana and South Africa." -- Chapter 1.Under the supervision of Prof. Frans Viljoen, Centre for Human Rights, University of Pretoria
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2002.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Teferi, Desset A. "Role of civil society organisations in the realisation of human rights in Africa and the effect of regulatory mechanisms on their functions : Ethiopia and Ghana perspective." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16793.
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It is generally acknowledged that development is impossible in the absence of true democracy, respect for human rights, peace and good governance1
Good governance and human rights are mutually reinforcing. In turn, ‘good governance and good public administration are essential aspects of democracy and for achieving democracy a freely functioning, well organised, vibrant and responsible civil society is indispensable.’Democracy presupposes free elections, functioning political parties, independent media and active civil society organisations (CSOs) that can operate freely.4 Human rights are better promoted and protected in a democratic system.5 Accordingly it is submitted that a measure taken by a government which undermines key elements and role players of such a system tends to undermine the protection and promotion of human rights.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mrs. Christina Dowuona-Hammond at the Faculty of Law, University of Leyon, Ghana. 2010.
http://www.chr.up.ac.za/
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Swart, Sarah Jean. "Unaccompanied minor refugees and the protection of their socio-economic rights under human rights law." Diss., University of Pretoria, 2008. http://hdl.handle.net/2263/8093.
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The main objective of this study is to investigate the practical treatment of Unaccompanied Minor Refugees (UMR) in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children.
The study will focus on the realisation of children’s socio-economic rights in order to measure treatment. This study also seeks to address the obstacles which prevent the full and proper treatment of UMR, and to make recommendations as to how the international community can better regulate the treatment of UMR. In essence, this paper aims to investigate whether there is a discrepancy between the rights of child refugees acknowledged in international law and the situation of UMR in practice, and, if so, how this can be remedied. This paper seeks to show, through the case studies of Ghana and South Africa, that UMR are, to a certain extent, lost in the systemA Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr E.Y. Benneh of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
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Tweneboah, Seth. "The Sacred Nature of the Akan Chief and its Implications for Tradition, Modernity and Religious Human Rights in Ghana." FIU Digital Commons, 2012. http://digitalcommons.fiu.edu/etd/590.
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This study explored the interface between the abuses inherent in the sacred nature of the Akan (a Ghanaian ethnic group) Chief and international human rights laws. It argued that the sacred basis of Akan Chieftaincy, which empowers and legitimizes Akan Chiefs, also leads to them imposing restrictions on the rights of their subjects. The study examined the implications of these restrictions in the light of a rapidly modernizing, thoroughly globalizing, and a religiously pluralistic Ghana where the influence of western originated belief in individual rights is growing. The study also explored why, in spite of the many existing Constitutional and legal provisions in Ghana, breaches of religious freedom still occur. It shed considerable light on how agents of the modern state and the Chiefs, connive to sometimes suppress the rights of individuals. The study identified the implications of this development for policymaking in Ghanaian communities where modernity and tradition co-exist.
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Jonas, Benjamin. "Towards effective implementation of children's rights in Tanzania: lessons and opportunities from Ghana and South Africa." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1223.
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"Despite the adoption and wide ratification of the CRC and ACRWC, the miseries identified and intended to be dealt with by the two instruments are still rampant in many parts of the globe. Tanzania, as will be clearly shown in chapter three of this study, is not an exception in this regard. ... Tanzania has ratified both the CRC and ACRWC without reservations. In relation to international law, Tanzania follows a dualist approach. Despite the fact that Tanzania has ratified the two instruments to date, it does not have a specific comprehensive law on children's rights. That notwithstanding, various laws have been enacted, other amended and several programs put in place to protect children from exploitation, and safeguarding their interests. However, these measures have not yielded any feasible results since their adoption. There are still cases of discrimination in respect of girls, children born out of wedlock, non-fulfilment of the principle of best intersts of the child, socio-economic difficulties threatening children's right to life, survival and development of the child; police brutality against street children, the increasing number of children deprived of a family environment, especially AIDS orphans, and an increase in the incidence of child prostitution, early marriages, and various cultural practices which are harmful to children. This study necessitates investigation of the mechanisms which could be adopted, to assist in the successful implementation of children's rights in Tanzania. ... This study, therefore, draws inspirations from the laws and practices on children's rights in Ghana and South Africa and explores the most effective mode of implementation that can ensure the translation of the noble intentions in the two instruments into genuine effective tools for enhancing the well-being of the children in Tanzania." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Ms. Christine Dowuona-Hammond at the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Mziray, Cheggy Clement. "The right to peaceful assembly and demonstration in Tanzania : a comparative study with Ghana and South Africa." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1097.
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"In 2001 after the 2000 election in Zanzibar, the Civic United Front (CUF) began planning a series of peaceful demonstrations to protest alleged fraud in the October 2000 presidential elections, calling for a rerun of the elections and constitutional reforms. The CUF notified the police of their intended routes, both the government officials and police immediately responded and announced that the demonstrations were banned. Police were ordered to use all force necessary to break up the demonstrations. The Tanzanian prime minister was recorded as stating that force would be used to break up the demonstration. According to him, "government has prepared itself in every way to confront whatever occurs ... any provocation will be met with all due forces of the state". CUF demonstrations, which were widely supported, took place on 27 January 2001 and as the unarmed demonstrators walked peacefully toward the four designated meeting grounds, security forces intercepted and opened fire without warning. They attacked the civilians, [and]ordered them to disperse [under] firing and beating. ... All these events occurred in the face of the fact that the Constitution of the United Republic of Tanzania (CURT) provides for freedom of assembly. The requirement of permits has been removed and section 40 of the Police Force Ordinance and 11(1) of the Political Parties Act were declared void on grounds that the requirement for a permit to hold an assembly infringed the freedom of peaceful assembly and procession enshrined in article 20(2) of the CURT. However the government limits these rights in practice, police have authority to deny permission to hold an assembly on public safety and security grounds. The relevant provision is section 41 of the Police Force Ordinance which permits any police officer to stop the holding of any assembly. The situation has not improved for opposition parties seeking to hold assemblies because of the way the police apply section 41. Rather than invoking this provision only in extraordinary situations as required, the police, once served with a notice of a planned meeting, issued prohibition orders claiming that they had information that the meeting was likely to cause chaos, but without giving evidence. ... These restrictions on the right to freedom of assembly and the excessive use of force by police officials as depicted in the above recounted incident and others of its kind, violate numerous provisions of international legal istruments to which Tanzania is a party. The Universal Declaration of Human Rights (UDHR) guarantees for the right to freedom of peaceful assembly and association, as does the International Covenant on Civil and Political Rights (ICCPR). The African Charter limits the right to assemble subject to necessary restrictions provided by law, in particular those enacted in the interest of national security and the safety, health, ethics and the rights to freedoms of other. But the African Commission has interpreted these claw back clauses to mean that the limitations must be in accordance with international law and thus the standards developed under the ICCPR, especially, would be relevant in determining when the rights to assemble may be limited. The exercise here is to examine the nature of the Tanzanian laws on the right to peaceful assembly and demonstration in the light of police practice having regards to the nature of the right as guaranteed under international human rights instruments." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Prof. K. Quashigah at the Faculty of Law, University of Ghana
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Oyero, Rofiah Ololade. "An appraisal of the right to dignity of prisoners and detainees with disabilities : a case study of Ghana and Nigeria." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1099.
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"This paper addresses the right to dignity of a group of people with two vulnerabilities i.e. being a disabled person and a prisoner. The concept of dignity applies to prisoners and detainees irrespective of their offences at any given time. This is a right that is ascribed to a person by virtue of one's humanity and not one's circumstances. In Ghana and Nigeria, the rights of able and disabled prisoners are not given serious consideration. This is probably due to the fact that these two countries are still involved in violations of human rights and they are yet to implement most of the provisions in international human rights instruments. The protection of the rights of disabled prisoners is a mirage in the two countries probably because they constitute a minority and their vulnerability relegates them to the lower rungs of the society. However, international human rights instruments recognise that disabled persons have rights that should be respected. ... Despite these international standards, the treatment of disabled prisoners is still below the recommendation. This necessitates a study of the role which human rights law ought to play in the mitigation of the hardship of disabled prisoners, as their dignity is a central element to their existence." -- Introduction.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Professor E.V.O. Dankwa at the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
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Banyubala, Divine Ndonbi. "Organ transplants in Ghana : finding a context-appropriate and practically workable ethico-legal policy framework." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/organ-transplants-in-ghana-finding-a-contextappropriate-andpractically-workable-ethicolegal-policy-framework(7b1cdca8-c006-4645-9014-0a7f7f4c6763).html.
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Ghana is undertaking strenuous efforts to make organ transplantation a routine surgical procedure by the end of 2014. Thus far, some 20 test kidney transplants using living related organ donors have been carried out in Ghana. However the current practice of retrieval, retention and use of (deceased) human organs and tissues following pathological services is not done in accordance with the requirements of existing law. Also, the time of human death, its relationship with obtaining organs for transplant as well as the sociocultural sensitivity Ghanaians attach to death and dying are not explored in that context. Furthermore, there is no coherent examination of the various interests and rights recognised by Ghanaian law in deceased human bodies despite that fact that progress in medicine and biotechnology has recast the value in human biomaterials. Consequently, given that organ transplantation is new to Ghana; that there are no ethical, legal and professional governance frameworks specific to the sector; that there are concerns about a systemic culture of inappropriate retention and use of human body parts following pathological services; that there is illicit trade in human body parts (ova, sperm etc.); and that Ghana is undertaking test kidney transplants in the absence of specific ethical, legal and clinical guidance addressing the controversies surrounding the permissible uses of human organs and tissues; this doctoral thesis argues that examining these ethico-legal controversies within the Ghanaian socio-legal setting constitutes an essential step in the quest for context-appropriate and practically workable regulatory and governance frameworks for the emerging transplant sector in that country. Towards this end, the thesis discusses indigenous thinking around death (Post-mortem Personality Identity Renegotiation (PPIR)), ancestorship and the position of Ghanaian customary law on ownership interests and rights in deceased bodies and their parts and points policy makers to how the socio-legal peculiarities of the Ghanaian regulatory context could be exploited to achieve the dual aims of finding an adequate balance between, on the one hand, protecting individual, family and societal interests, and on the other hand, promoting the social utility aims of organ transplantation and science research. It concludes by proposing that i) the desired regulatory balance could be achieved through legal foresighting, and ii) that any such regulation must affirm the recognition of property interests in (deceased) bodies by Ghanaian customary law as that reflects the cultural, social and constitutional values of the regulatory context.
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Wiking, Sofia. "From Slave Wife of the Gods to " ke te pam tem eng". Trokosi seen through the Eyes of the Participants." Thesis, Malmö högskola, Lärarutbildningen (LUT), 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-28419.
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AbstractThis final essay in religious studies at Malmö Lärarutbildningen (Teacher’s education) is a minor field study (MFS) carried out in Ghana about Trokosi. Trokosi is a tradition, system and practice where young girls are given to village shrine priests as sexual and domestic slaves, or "wives of the gods", in compensation for offenses allegedly committed by a member of the girl's family. My main research question has been: What are the thoughts of the victims as well as the rescuers of Trokosi thoughts about the Trokosi tradition, system and practice? The thesis is based on a minor field study, observations and interviews. I observed the work at International Needs Network Ghana (INNG) and their work with Trokosi mainly focusing on the International Needs Vocational Training Centre (INVTC). At INVTC former Trokosi get the opportunity of becoming independence and self-sufficient - ke te pam tem eng. In this essay I have interviewed two opponents to Trokosi, in this essay called the rescuers, as well as one victim of Trokosi. In my interviews, the only person who criticized the theory and the religion behind Trokosi was the victim, a person who was born into this belief system. INNG’s critics are not about the theory behind Trokosi but how it is practised. Applying of feminist perspective this thesis focuses religious and cultural practices, in this case Trokosi, as a part of a larger system that is limiting women’s lives. In addition, post colonial theory may contribute to the analysis of “third world women’s own struggle and aspiration for independence. There are different views and perspectives on Trokosi and despite Ghana’s constitution and other documents that forbid this type of practice it is still vital. This indicates that there are more factors to consider. For instance overall patriarchal structures and post colonial experiences. Information and education is essential for the transformation of Trokosi in order to favour women’s right especially in the fields of human- and women’s rights.
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Swoger, Megan R. "Analysis of the Prevailing Practice of FGM in the Upper West Region of Ghana: Are International Laws and Domestic Policy Effective in Eradicating FGM Within the State?" Kent State University Honors College / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors1527422662295883.
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Amponsah-Frimpong, Samuel. "Truth commissions and the perpetuation of the culture of impunity in Africa : a case study of Ghana and South Africa." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/982.
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"It is noted that special measures are always necessary in post-conflict situations to bring about the restoration of normalcy to societies. Truth commissions have been identified as a key to uniting, reconciling and helping the people to confidently deal with their past. Whilst these are noble notions, practically, truth commissions face serious challenges. The dissertation shall seek to highlight these problems and offer recommendations. ... The dissertation is divided into five chapters. Chapter one is the general introduction. It gives a brief political history of Ghana and South Africa and their impact on the enjoyment of human rights. The chapter shall also discuss the need for national reconciliation in both countries. Chapter two discusses truth commissions in contemporary societies. It briefly discusses the establishment of national reconciliaton commissions and their mandates. Chapter three focuses on the laws establishing the TRC and NRC of South Africa and Ghana respectively. These legislation shall be considered in detail in order to analyse their objectives to know whether or not thet are achievable within their stated mandates. Chapter four discusses the challenges truth commission poses to international law and its implications on rule of law. The chapter shall discuss the issue of amnesty to perpetrators of gross human rights and the perpetuation of the culture of impunity in the light of international law. Chapter five considers the way forward and suggest recommendations." -- Chapter 1.Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2003.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Pimenta, de Castro Fonseca Catarina. "The death of the communal handpump? : rural water and sanitation household costs in lower-income countries." Thesis, Cranfield University, 2014. http://dspace.lib.cranfield.ac.uk/handle/1826/8512.
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Rural water supply and sanitation in low and middle income countries face the same challenges now as in the 1970s. Despite massive efforts in providing communal “borehole with handpump” and “improved latrines” to improve the lives of millions of people, this traditional approach to development is failing to deliver long lasting improved services - even if for the last 40 years many attempts have been made to solve problems in the approach. The main research question is “Can low-income rural families pay for rural water supply and sanitation?” This thesis has analysed household poverty and costs on water and sanitation services in Mozambique and Ghana based on 3,049 surveys collected between 2009-2010 by the IRC International Water and Sanitation Centre WASHCost project. Evidence shows that even extreme poor households can and do pay for improved water and sanitation services. However, households prefer to pay for more expensive services to reduce the distance required to collect water instead of paying for the cheaper maintenance of communal (further away) sources. For sanitation, without targeted support towards the poorest, improved latrines might be unaffordable. Also, without follow up support, behaviour change and health impact will not be sustained. Small increases in the wealth of the poorest have a large impact on the services demanded in terms of quantity, distance and time spend as well as an increase in the level of capital and maintenance expenditure. Ultimately, the world now is not the same as in the 1970s and for achieving universal sustainable coverage for water and sanitation we need to rethink the failed traditional approach to development in low income countries with a deeper understanding of the market segmentation in the lowest quintile of the population and their real aspirations and demand.
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Wangusa, D. G. A. M. (Deborah Grace Awulira Mukhwana). "Multinational corporations, human rights and child labour in Ghana." Diss., 2014. http://hdl.handle.net/2263/41189.
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Atupare, Peter Atudiwe. "Judicial review and the enforcement of human rights : the red and blue lights of the judiciary of Ghana." Thesis, 2008. http://hdl.handle.net/1974/1319.
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Constitutional democracy requires a constitutionalisation of Human Rights and the empowerment of judiciaries to enforce and protect such rights. In Ghana, these requirements have been put in place by the 1992 Constitution. Human Rights have been constitutionalised and the courts granted specific powers of Judicial Review to enforce the values of these rights by policing the actions of the legislature and the executive branches of Government. In response, the Judiciary has done a great deal through the power of Judicial Review to protect Human Rights in the country. It has developed a corpus of Human Rights jurisprudence which individuals and institutions can rely on for rights claims and protection. However, its role is not without blemish. This work seeks to discover the successes as well as the failures of the Judiciary of Ghana in enforcing Human Rights. As a theoretical prelude to the entire work, I claim that the main juridical basis to legitimate Judicial Review lies in the courts duty to enforce a higher body of law grounded in rights. On the basis of this claim, the work argues that while the Judiciary did play a constructive role in the promotion, enforcement and sustenance of Fundamental Human Rights and Freedoms in the country, it has not adopted a consistent approach in giving all Human Rights equal weight. A generous reception has been given to Civil and Political Rights, while Social-Economic Rights have not been sympathetically considered. This has generated a gap in Ghana’s Human Rights jurisprudence, and negated the values upheld by the postwar global Human Rights constituency - of which Ghana is a member. To avert the creation of Judicial determinism which will hold back the realisation of Socio-Economic Rights in Ghana, this work urges the Judiciary to accord equal respect to all Rights by adopting a purposive approach in deciding all rights claims.Thesis (Master, Law) -- Queen's University, 2008-07-15 12:10:00.75
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Bimpong-Buta, S. Y. 1940. "The role of the Supreme Court in the development of constitutional law in Ghana." Thesis, 2005. http://hdl.handle.net/10500/2386.
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The theme running through this dissertation is intended to prove that the Supreme Court has a role to play in the promotion, enforcement and sustenance of a proper democratic system of government, good governance and fundamental human rights and freedoms in Ghana.
The Study would therefore address the role of the Supreme Court in the development of Constitutional Law in Ghana, with particular emphasis on the court's contribution to the underlying concepts of the Fourth Republican Constitution of 1992; the guiding principles of constitutional interpretation and the vexed issue of whether the court should adopt a mechanical and literal approach to the interpretation of the Constitution or adopt a liberal, beneficent and purposive approach. The Supreme Court has asserted in the locus classicus decision: Tuffuor v Attorney-General [1980] GLR 637 that the 1979 Constitution as the supreme law, must be construed as a living political document capable of growth. Is there any evidence now to support that claim?
The study shall also investigate the question of the power of the Supreme Court to review legislative and executive action. We shall also examine the role of the Supreme Court in the interpretation and enforcement of the Constitution and Fundamental Human Rights and Freedoms in relation to the rights and obligations of the individual and the State with the view to achieving good governance. The 1992 Constitution itself is founded on the premise that there are limitations to the enjoyment of fundamental human rights and freedoms. What is the extent of such limitations as determined by the Supreme Court?
What has been the Supreme Court's contribution to the sustenance of political stability and democratic governance and, especially, in matters relating to coup d'etats and to enforcement of the Constitution itself as distinct from the enforcement of fundamental human rights and freedoms? Has the Supreme Court power to enforce the Constitution and the existing law where there is proven case of injustice and illegality? Has the Supreme Court power to enforce Directive Principles of State Policy as formulated in chapter 6 of the 1992 Ghana Constitution?Jurisprudence
LL.D.
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Thomson, Marion Arthur. "Researching Class Consciousness: The Transgression of a Radical Educator Across Three Continents." Thesis, 2011. http://hdl.handle.net/1807/29889.
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This study addresses the topic of class consciousness and the radical educator. Using the theory of revolutionary critical pedagogy and Marxist humanism I examine the impact of formative experience and class consciousness on my own radical praxis across three continents.
The methodology of auto/biography is used to interrogate my own life history. I excavate my own formative experience in Scotland, Canada and my radical praxis as a human rights educator in Ghana West Africa. The study is particularly interested in the possibility of a radical educator transgressing across race, whiteness and gender while working in Ghana, West Africa.
Chapter One begins by discussing the theory of revolutionary critical pedagogy, Marxist
humanism and theories of the self. Chapter Two assesses the methodology of auto/biography,research methods and an introduction to formative experience. Chapter Three, Four and Five contain excavation sites from Scotland, Canada and Ghana with accompanying analysis. Chapter
Six concludes with a summary of research findings.