In a significant legal decision, Ghana’s Supreme Court has upheld a law from 1960 that criminalizes same-sex sexual activities, dismissing a lawsuit that challenged its constitutionality.
Background of the Law
The contested law, part of Ghana’s Criminal Code, refers to same-sex sexual acts as “unnatural carnal knowledge,” punishable by up to three years in prison. This legislation has been in place for over six decades, reflecting the country’s conservative stance on LGBTQ+ issues.
The Legal Challenge
In 2021, law lecturer Prince Obiri-Korang filed a lawsuit arguing that the law infringed upon constitutional rights to privacy. However, the Supreme Court dismissed this challenge, with presiding Justice Paul Baffoe-Bonnie stating that detailed reasons for the decision would be provided later.
Potential for Harsher Penalties
The situation could become more stringent with the proposed Human Sexual Rights and Family Values Bill, passed by Parliament in February 2024. If enacted, this bill would introduce harsher penalties and intensify crackdowns on the promotion of LGBTQ+ rights. The Supreme Court has postponed a decision on whether this bill should be sent to President Nana Akufo-Addo for approval, pending a constitutional review.
Public Sentiment and International Reactions
The anti-LGBTQ+ stance in Ghana has garnered both domestic support and international criticism. Many Ghanaians uphold traditional values opposing LGBTQ+ practices, while human rights activists and international observers express concern over the implications for personal freedoms and human rights.
Implications for the LGBTQ+ Community
Members of Ghana’s LGBTQ+ community fear that the Supreme Court’s decision and the potential enactment of the new bill could lead to increased discrimination, persecution, and violations of their rights. The legal environment contributes to an atmosphere of fear and marginalization for LGBTQ+ individuals in the country.
Conclusion
Ghana’s Supreme Court decision to uphold the 1960 law criminalizing same-sex sexual activities underscores the nation’s ongoing debate over LGBTQ+ rights. As the country awaits further rulings on the proposed Human Sexual Rights and Family Values Bill, the future legal landscape for LGBTQ+ individuals in Ghana remains uncertain.
Leave a Reply