Ghana at 50: The Place of International Human Rights Norms in the Courts,” in Ghana Law since Independence

Abstract

Ghana has been a significant player on the international scene with regard to human rights. It is a signatory to the major international human rights instruments. After a chequered political historical, its democratic evolution since 1993 has been on course. Its current human rights record, though in need of significant improvements, is among the best in Africa. In addition, Ghana is currently a member of the newly-created UN Human Rights Council. While it is noted that significant cases on human rights have been litigated before the courts since independence, the Ghanaian courts have had a scanty record of invoking international and regional human rights norms in deciding

human rights cases. As a result, the courts’ human rights jurisprudence has not been

enriched by international human rights standards. The chapter undertakes a historical review of the role of the courts in relying on international human rights norms in litigation cases involving human rights from 1957 to date. It also examines the factors accounting for the lack of commitment by both the bench and the bar to resort to international human rights norms. The chapter then takes the next step of discussing the relevance of, and the justification for, resort to international human rights law.