Ghana
Flag of Ghana
Population (in Mil.)	24.3
Sex Ratio (m/f)	1,00
Life Expectancy Ratio (f/m)	1.03
Fertility Rate	4.31
Income Ratio (f/m)	0.74
Literacy Ratio (f/m)	0,75
Tertiary Enrolment Ratio (f/m)	0,48
Women in Parliament (in %)	10,9
SIGI Rank	54
More information on variables
Did you know that Ghana ranks number 54 of 102 countries on the OECD Social Institutions and Gender Index? To learn more, see the official country note "Gender Equality and Social Institutions in Ghana" at genderindex.org:

Social Institutions

Ghana continues to work towards gender equality through legal channels, but in reality men and women in Ghana are not equal. The 1992 Constitution outlaws the practice of all cruel and inhumane aspects of cultural and traditional norms. Over the past decade, this has led to the enactment of specific pieces of legislation in the area of violence against women. The Ghana Penal Code has also been amended to impose criminal sanctions with respect to defilement: forced marriages, customary servitude,female genital mutilation, widowhood rites, and the practice of banishment of “witches” are considered illegal.

However, women frequently face abuse and violation of their constitutional rights. In rural areas, women remain subject to traditions of male superiority. Traditional practices and social norms often deny women their statutory entitlements to inheritance and property, legally registered marriages, and the maintenance and custody of children.

Family Code

While the Children’s Act of 1998 imposes restrictions on early marriage and sets the minimum age of marriage to 18 years, customary practices around the country still lead to child betrothals and child marriages. An estimated 16 percent of women between 15 and 19 years old are currently married, divorced or widowed.

Ghana has several different types of marriage, each of which falls under a different law. Customary law recognises polygamy as a legal form of marriage. All customary marriages are potentially polygamous (but do not have to be). Marriages performed under Islamic Sharia law, in turn, can also be polygamous. A man married under Sharia is allowed to have up to four wives. Marriages conducted under the Marriage Ordinance (national law) are to be monogamous. Men must chose one law to be married under and cannot be married under other laws in subsequent marriages, unless they are divorced. Still, considerable proportions of men married under the Marriage Ordinance are in bigamous marriages or have been at some point in their lives. About 22 percent of women in Ghana are estimated to be in polygamous relationships.

The Children’s Act of 1998 grants parental authority to both the mother and the father and they are to share the responsibility for maintaining the children in all respects. Under patrilineal systems of customary law, however, children are deemed to belong to the father’s extended family and upon dissolution of the marriage, the husband usually acquires custody of the non-infant children should he so desire.

Concerning inheritance rights, the Intestate Succession Law, 1985 provides one uniform system of property distribution of common property throughout Ghana, irrespective of the class of intestate and the type of marriage contract. The Instate Succession Law also provides that the matrimonial home and related belongings shall go to the spouse and children in equal shares. However, polygamy has serious and grave implications when it comes to distribution of property upon the death of a man with multiple wives, as the Intestate Succession Law does not address polygamy. Judges therefore have to use their discretion and women are negatively affected by this ambiguity.

Physical Integrity

Female genital mutilation is illegal under the Criminal Code Amendment Act of 1994. Ghana was actually the first African country to criminalise FGM. Nevertheless, the practice remains a serious problem. A 1998 study by Rural Help Integrated, quoted by the US Department of State (2006), estimated that between 9 and 12 percent of women have undergone FGM. Some estimates by the WHO, however, are as high as 30 percent. According to the Ministry of Health, FGM is practiced among nearly all ethnic groups in the country’s northern region. There have been seven arrests for the practice of FGM since the practice became illegal in 1994. Of those arrested, only two offenders have been prosecuted and convicted (UN, 2003).

Violence against women, including domestic violence and rape, remains a significant problem. A 1998 study revealed that particularly in low-income, high-density sections of greater Accra, at least 54% of women have experienced assault (AFROL). The police tend to not intervene in domestic disputes. In 1998, the National Council on Women and Development researched the nature, incidence and consequences of violence against women. Four main problem areas were identified: (i) poor state/institutional response to violence against women, (ii) a high degree of tolerance of violence against women in the Ghanaian society (iii) general confusion about what constitutes violence and ignorance about the causes, and (iv) the isolation of rural women. Ghanaian law does not prohibit domestic violence, and the criminal code grants husbands spousal immunity from any charges of assault by their wives.

Amendments to the penal code in 1998 doubled the mandatory sentence for rape. Marital rape is not specifically prosecuted, but a draft domestic violence bill (DVB) is currently being discussed and would make it possible to prosecute a man to for marital rape. Additionally, many poor, often elderly, women are accused of witchcraft. Some even end up being killed by male relatives, while those who survive are subject to physical and sexual abuse as well as economic deprivation.

Civil Liberties

There are no legal restrictions on the freedom of movement for men and women.

There is no reported limitation to the women’s freedom of dress.

Ownership Rights

Women’s access to land is relatively limited as customary law governs the land tenure system. Traditionally, land was commonly obtained through conquest or appropriation under the leadership of a stool (chieftaincy) or lineage head, normally a man. Women could, however, acquire land through marriage, but this land could be lost again in the event of divorce or death of the spouse. Article 22(2) of the Constitution provides that the Parliament should “as soon as practicable after coming into force of this Constitution,” enact legislation regulating the property rights of spouses during and at dissolution of marriage, but this has not yet been enacted. As a result, women’s property rights in and out of marriage are unclear and this has often resulted in restricted access to land. In contrast to men, women do not generally own the land that they work on and if they do, they tend to have smaller landholdings than men. There are strong regional disparities concerning access to land: the percentage of female landholders ranges from 2% in the North and 50% in the Ashanti region (CEDAW, 2005).

Women have less access to bank loans through formal channels than men do. Women’s limited ability to provide a collateral, partly because of their lack of access to land, usually makes it difficult for them to obtain credit. The majority of female farmers derive their capital from informal sources, including loans from husbands or relatives, money lenders or informal financial system operators. Current initiatives, however, attempt to provide micro-finance schemes to rural farmers, in particular rural women.

Concerning access to property, women and men have equal rights to conclude contracts or administer property. Under customary law however, property residing in the name of the family is considered family property and is usually administered by the family head, who is usually a man.

Sources

• Adinkrah, M. (2004) Witchcraft accusation and female homicide victimization in contemporary Ghana, Violence against women, Vol. 10, No. 4 (December 2004), pp. 325-356
• AFROL Gender Profile, Ghana , http://www.afrol.com/Categories/Women/profiles/ghana_women.htm
• CEDAW (2005), Considerations of reports submitted by states parties under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women; combined third, fourth and fifth periodic reports of States parties -Ghana, CEDAW/C/GHA/4-5, Committee on the Elimination of Discrimination Against Women.
• ISLAMIC FAMILY LAW, Legal Profile of Ethiopia, http://www.law.emory.edu/IFL/ accessed 16th July 2007. Emory Law School, Atlanta
• IFC (2007), Gender and Economic Growth Assessment for Ghana, 2007, Survey implemented by Eagle Group, edited by Mary Agboli, International Finance Corporation and Ministry for Women.
• JICA (1999), Country WID Profile : Ghana, Japan International Cooperation Agency Planning department, http://jica.go.jp/english/global/wid/report/pdf/e99gha.pdf
• UN (2003), Integration of the Human Rights of Women and the Gender Perspective, Violence against Women ». Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhila Coomaraswamy, submitted in accordance with commision on Human Rights resolution
• UN (2006a), World Population Prospects, Population data base, United Nations Population division , New York: UN
• UN (2006b), In-depth study on all forms of violence against women, report of the Secretary-General, UN General Assembly, 61st session A/61/122/Add.1
• US. DEPARTMENT OF STATE (2006), Country Reports on Human Rights Practices, Ghana, Bureau of Democracy, Human Rights and Labor
• WORLD BANK (1999), Ghana : Women’s role in improved economic performance, Africa Regions findings, No.145, October.

The Africa for Women's Rights Campaign

Key facts

• CEDAW: ratified in 1986
• CEDAW Protocol: signed in 2000
• Maputo Protocol: ratified in 2007

The Campaign

On 8 March 2009 the "Africa for Women's Rights" Campaign was launched at the initiative of the International Federation for Human Rights (FIDH), in collaboration with fove non-governmental regional organisations: the African Center for Democracy and Human Rights Studies(ACDHRS), Femmes Africa Solidarité (FAS), Women’s Aid Collective (WACOL), Women in Law and Development in Africa (WILDAF) and Women and Law in Southern Africa (WLSA). These organisations make up the Steering Committee responsible for the coordination of the Campaign.

The Campaign aims to put an end to discrimination and violence against women in Africa, calling on states to ratify international and regional instruments protecting women's rights, to repeal all discriminatory laws, to adopt laws protecting the rights of women and to take all necessary measures to wensure their effective implementation.

Country Focus: Ghana

Ghana has ratified both the main international and regional instruments protecting women’s rights; the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) and the Protocol to the African Charter on Human and Peoples’ Rights of Women in Africa (Maputo Protocol), without reservations. Ghana has also ratified the Optional Protocol to CEDAW.

The Coalition of the Campaign remains particularly concerned by the following violations of women’s rights in Ghana: the persistence of discriminatory laws; violence against women; unequal status in marriage, family, and inheritance matters; unequal access to employment, decision-making, and lack of access to quality health services.

Read more

Sources

• Focal Points: WILDAF-Ghana
• Ligue pour la défense des droits de l’Homme (LDH)
• Recommendations of the CEDAW Committee, July 2005
• Inter-Parliamentary Union, www.ipu.org
• Amnesty International, www.amnestyinternational/ghana
• UNCIFEF, www.unicef.org
• The Africa for Women's Rights campaign
• WILDAF-Ghana, the campaign focal point in Ghana

The Women, Business and the Law

Where are laws equal for men and women? 

The Women, Business and the Law report presents indicators based on laws and regulations affecting women's prospects as entrepreneurs and employees. Several of these indicators draw on the Gender Law Library, a collection of over 2,000 legal provisions impacting women's economic status. This report does not seek to judge or rank countries, but to provide information to inform discussions about women’s economic rights. Covering 128 economies, Women, Business and the Law provides data covering 6 areas: accessing institutions,using property, getting a job, dealing with taxes, building credit, and going to court.Read more about the methodology.

For detailed information on Ghana, please visit the Women, Business and
the Law Ghana page.

Sources

• Women, Business and the Law: Creating economic opportunity for women
• The Gender Law Library