Advocacy for Better Implementation of Women's
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ADVOCACY FOR BETTER IMPLEMENTATION OF WOMEN’S RIGHTS IN GHANA July 2002 Publié dans – Published on : www.wildaf-ao.org ADVOCACY FOR BETTER IMPLEMENTATION OF WOMEN’S RIGHTS IN GHANA Women in Law and Development in Africa (WiLDAF) Ghana P.O.Box LG 488, Legon Accra Sub Offices : WiLDAF Western Region Legal Awareness Programme, P.O. Box 431, Takoradi WiLDAF Volta Region Legal Awareness Programme P.O Box MA310, Ho ACKNOWLEDGEMENTS This document was developed as part of the project: “Sensitisation and Capacity Building of judicial and extrajudicial Stakeholders for sustainable implementation of Women’s’ Rights in West Africa”. WiLDAF -Ghana is, especially, indebted to the European Commission for its financial support which enabled WiLDAF to develop this valuable tool of sensitisation for non legal practitioners who participate in the implementation of women’s rights. WiLDAF also expresses its warm gratitude to all the people who, in one way or the other, contributed to the publishing of this document. Written by DORCAS COKER-APPIAH JOANA FOSTER Cover. Conceptualised by: WiLDAF West African Sub-regional Office, Togo. ( WASRO) Drawn by: Aldus Informatique, Lomé, Togo. Printed by YAMENS PRES LTD 233-32-223222 This document was prepared with the financial support of the European Community. The views hereby presented here are those of WiLDAF/FeDDAF and in no way reflects the official view of the European Community. Publié dans – Published on : www.wildaf-ao.org Contents Foreword .........................................................................................iv Introduction ......................................................................................v SECTION 1 Inheritance Rights ............................................................................. 1 SECTION 2 Rights in Marriage ............................................................................. 4 SECTION 3 Domestic Violence ............................................................................. 7 SECTION 4 Harmful Traditional Practices .............................................................11 Profile of Women in Law and Development in Africa (WiLDAF) Ghana.......13 Publié dans – Published on : www.wildaf-ao.org iii Foreword This Advocacy for Better Implementation of Women’s Rights in Ghana was drafted by WiLDAF -GHANA under the supervision of the WiLDAF/ FeDDAF Sub-Regional Office for West Africa. It is designed within the scope of the “Sensitisation and capacity building of judicial and extra judicial stakeholders for the effective implementation of the rights of women in West Africa” project, which aims at contributing to improve the effectiveness of women’s rights in Ghana as well as in Benin, Burkina Faso, Ghana, Mali, Nigeria, Senegal and Togo. Easy to get to grips with, this document is designed first and foremost for medical doctors, traditional rulers and religious leaders, and will be useful during the national sensitisation and information days organised for them. We are counting on the trained stakeholders to in turn, circulate it among their peers. It can also be profitably utilised by Magistrates, lawyers, and police officers who may find the general views of women’s rights and the gender perspectives outlined here helpful to enable them better understand and take account of the needs of women who solicit their services. WiLDAF/FeDDAF in producing this material, wanted people to understand and admit that today, the respect and effective implementation of women’s rights really contribute to the betterment of all and that all of society should strive to achieve a human-faced and sustainable development with the effective participation of women. The acceptance of this vision is the fruit of the protests of women’s rights organisations that demanded and obtained recognition of the fundamental rights granted to every individual at the international and national levels. The evidence of this is the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) adopted in 1979 and ratified by all West African States. For over two decades now, this Convention has been implemented and successes chalked, however women in reality continue to face difficulties pertaining to the effective enjoyment of their rights. The analysis reveals that this situation does not solely depend on them and women’s rights organisations, but also, to a large extent, on other stakeholders who intervene in the legal or informal settlement of conflicts generated by the violations they suffer. These stakeholders are those targeted by the project within which scope this document has been produced. By devoting the document to issues that affect women in their everyday lives, the document is supposed to be an advocacy tool for the implementation of women’s rights recognised under the laws. We hope that it will not leave any readers indifferent but rather incite them to join their energy and determination with those of other actors to take up this challenge of a society free of discrimination among the sexes and based on the search for the well-being of all. Kafui ADJAMAGBO-JOHNSON Sub-Regional Coordinator of WiLDAF/FeDDAF For West Africa Publié dans – Published on : www.wildaf-ao.org iv INTRODUCTION GENERAL STATUS OF WOMEN IN GHANA: Women in Ghana are recognized under law as having equal rights with men in all spheres of life. The 1992 Constitution recognizes equality of all persons before the law and prohibits discrimination on the grounds of sex, religion etc. Ghana, as a member of the United Nations, African Union and the Economic Community of West African States, is also signatory to a number of international and regional Human Rights instruments, which reinforce the human rights of women. Indeed, Ghana has signed and ratified the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) since 1980, an indication of the government’s commitment to the promotion and protection of the rights of women. The law also affords women and men equal access to education, employment and health and equal opportunity to participate in political and social activities of the country. In spite of these constitutional and legal guarantees, the reality on the ground does not quite measure up to the rights provided under the laws. For example, whilst both women and men have equal access to education, one finds that a lot more men are educated than women. Indeed the literacy rate for men is 60% as opposed to 30% for women. Although the gap at the primary level between boys and girls is relatively small and sometimes even equal, it is found that by the time they reach the tertiary level, the gap is very wide indeed. The reason for this situation is that when families are faced with economic difficulties, they find it easier to withdraw the girls because it is felt the girls do not need as much education as the boys. In fact, the societal roles assigned to women is to marry and have children and therefore the perception is that these girls and women would end up in the kitchen and there fore it will be a waste of the family’s resources to educate the girl to a high level. Again, sometimes the policies in place with regard to education are not supportive of girls continuing to stay in school. Previously, when a girl got pregnant, that was the end of her education. She was dismissed whilst the boy who impregnated her was allowed to carry on with his education without any sanctions whatsoever. Because the majority of women do not have higher education or marketable skills, they are unable to obtain good jobs in the formal sector. Therefore we find the situation where the majority of women in employment are in the informal sector, or even when employed in the formal sector, they are in the lowly paid jobs. They do not earn enough in these jobs to allow them to be economically independent and therefore find themselves most of the time in a situation of economic dependency on the man. This dependency reinforces their low status in the society and therefore makes them susceptible to control by the men, violence and other forms of maltreatment and discrimination. Women’s low status is often supported by societal structures such as religion, marriage and cultural norms. In most of our cultures and Publié dans – Published on : www.wildaf-ao.org v traditions, women are often considered as inferior to men and because of that women are prevented or prohibited from undertaking some activities. In some places, women are not allowed to speak at public functions where there are men. If they do not speak, their needs and concerns are not heard. Consequently, they do not participate in decisions that affect them. Some of the specific issues that need to be addressed are discussed in following sections. Publié dans – Published on : www.wildaf-ao.org vi SECTION 1 INHERITANCE RIGHTS Before 1985, inheritance of property, for the majority of Ghanaians, was regulated by the customary law of the person who has died or by the type of marriage the deceased contracted during his life time. If an Akan man died, his property was inherited by his sister’s children (usually the boys) or his own brothers by his mother, that is members of his maternal family. The wife and children of the deceased were not considered part of his maternal family and therefore were not entitled to any of his property. This customary law did not take into account the role and or the contribution of the wife and or children in the acquisition of the deceased’s property. What happened in such situations was that the wife and children were deprived of any share in the deceased’s property and were in some cases thrown out of the family home, thus becoming destitute in the process. Very often the nephew or family member who inherited the deceased’s property may not have contributed in any way to the acquisition of the property. In patrilineal communities, that is, those communities who inherit through the male line, even though the children of the deceased are the ones to inherit, the real situation on the ground is that it is only the sons who inherited.