Question Tag: Fundamental Rights

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  • 5 Marks

BCL – Nov 2023 – L1 – Q1b – Human Rights

List situations where the Republic may interfere with the rights and freedoms of persons.

The 1992 Constitution of the Republic of Ghana guarantees the fundamental human rights of the citizens.

Required: State FIVE (5) situations where the Republic may interfere with the rights and freedoms of persons. (5 marks)

Situations where the Republic may interfere with the rights and freedoms of persons even though the fundamental human rights of citizens are guaranteed under the 1992 Constitution of the Republic of Ghana:

  • In execution of a sentence or order in respect of a criminal offense of which he has been convicted.
  • In execution of an order of a court punishing him for contempt of court; or for the purpose of bringing a person before a court in execution of an order of a court.
  • In the case of a person suffering from an infectious or contagious disease, a person of unsound mind, a person addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community.
  • For the purpose of preventing the unlawful entry of that person into Ghana, or of effecting the expulsion, extradition, or other lawful removal of the person from Ghana, or for the purpose of restricting that person while being lawfully conveyed through Ghana in the course of his extradition or removal from one country to another.
  • Upon reasonable suspicions of his having committed or being about to commit a criminal offense under the laws of Ghana.
  • A person may be detained under the declaration of a state of emergency. (Any 5 points @ 1 mark each = 5 marks)
  • 10 Marks

BCL – Nov 2017 – L1 – Q1b – Human Rights

Discuss situations where the Republic of Ghana may interfere with human rights.

b) The Constitution of the Republic of Ghana, 1992 enshrines the fundamental human rights and freedoms of persons in the territorial jurisdiction of the Republic of Ghana. State TWO situations where the Republic may interfere with the rights and freedoms of persons. (10 marks)

Situations where the Republic may interfere with the rights and freedoms of persons (Article 14 of the Constitution of the Republic of Ghana, 1992):

  • In execution of a sentence or order of a court in respect of a criminal offense of which the person has been convicted.
  • In execution of an order of a court punishing the person for contempt of court.
  • For the purpose of bringing a person before a court in execution of an order of a court.
  • In the case of a person suffering from an infectious or contagious disease, a person of unsound mind, a person addicted to drugs or alcohol, or a vagrant, for the purpose of their care or treatment or the protection of the community.
  • For the purpose of the education or welfare of a person who has not attained the age of eighteen years.
  • For the purpose of preventing the unlawful entry of that person into Ghana or effecting the expulsion, extradition, or other lawful removal of that person from Ghana or for the purpose of restricting that person while they are being lawfully conveyed through Ghana in the course of their extradition or removal from one country to another.
  • Upon reasonable suspicion of the person having committed or being about to commit a criminal offense under the laws of Ghana.
    (2 points @ 5 marks each = 10 marks)

(Total: 10 marks)

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