A human rights lawyer, Francis-Xavier Sosu, has clarified that betrothals and child marriages are criminal in Ghana as contained in the 1992 Constitution, indicating that “by law a child under 18 does not have capacity to enter marriage.”
The private legal practitioner and Member of Parliament for Madina has said that apart from international laws such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), and the Universal Declaration of Human Rights, Ghana has also gone further to criminalise betrothals and child marriages.
His statement is part of a petition he filed at the Criminal Investigations Department (CID) of the Ghana Police Service, demanding the arrest, investigation and prosecution of 63-year-old Nuumo Borketey Laweh XXXIII for marrying 12-year-old Naa Okromo.
The Saturday, March 30, 2024 event at Nungua which has since gone viral on social media has sparked public uproar regarding the position of the law and tradition.
In Mr. Sosu’s statement, he cited Article 28 of the Constitution which requires protection for children under such age.
“In addition to the above, I wish to respectfully state that, beyond the realm of International Law, Ghana has taken further steps to criminalise Child Marriages and Betrothals in all its ramifications. In Particular, ARTICLE 28 OF GHANA’S 1992 CONSTITUTION defines a child as a person below the age of eighteen years. In the spirit of Article 28 every child and young persons must “receive special protection against exposure to physical and moral hazards”,” he explained.
He further clarified the traditional and religious debate emanating from the issue, stating that the Constitution gives limitations to traditions and customs.
“That notwithstanding the fact that traditional religious arguments are being made in support of the said illegality, the Constitution is clear in Article 26 with respect to the limitations of traditions and customs. For the purposes of clarity Article 26 (1) provides as follows “Every person entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the provisions of this Constitution” provides further in Article 26(2) that “All customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited” It is my respectful view that the customary practice being referred to are unconstitutional and not backed by the laws of Ghana,” he provided.
Read his full petition to the CID here.
