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Constitutional Highlights on Labour

The Constitution of Ghana, 1992, came into force on 7 January 1993 and was amended on 16 December 1996.  Its Chapter 5 covers “Fundamental Human Rights and Freedoms”. Section 12(2) states that “Every person in Ghana, whatever their race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest”. Section 14 covers protection of the right to personal liberty; s.16 protects against slavery and forced labour; s.17(2) ensures equality and freedom from discrimination on grounds pf gender, race, colour, ethnic, origin, religion, creed or social or economic status, and (3) amplifies this to cover place of origin and occupation; (4) constitutionally protects affirmative action generally. Section 21 sets out general freedoms such as freedom of speech. Section 21(1)(e) guarantees the right to form or join a trade union; its subsection (4) allows limitations by order of a court in the interest of defence, public safety or public order, or movement or residence within Ghana as long as reasonably justifiable in terms of the spirit of the Constitution. Section 24 lays down economic rights, including the right to work under satisfactory, safe and healthy conditions and to receive equal pay for equal work; its subsection (3) states, among other things, that: “Every worker has the right to form or join a trade union of his choice for the promotion and protection of his economic rights and social interests”.  Subsection (4) permits restrictions if reasonably necessary in the interest of national security or public order, or for the protection of the rights and freedoms of others. Section 27(1) promotes women’s rights, including paid leave during maternity; (2) requires the provision of child care facilities. Section 28 covers children’s rights, including the right to protection against exposure to physical and moral hazards. Section 29 covers the rights of persons with disabilities (PWD); its (7) promotes special incentives for PWD to engage in business and for businesses that employ PWD in significant numbers.

Chapter 6 is entitled “Directive principles of State policy”. Section 35 (6) requires the State to take appropriate measures to achieve reasonable regional and gender balance in recruitment and appointment to public offices. Section 36(6)  lays down the economic objectives, including that the State afford equality of economic opportunity to all citizens, in particular taking all necessary steps to ensure full integration of women into the mainstream of Ghana’s economic development. Its subsection (10) safeguards the health, safety and welfare of all persons in employment; and its subsection (11) requires the State to “encourage the participation of workers in the decision-making process at the workplace”. Section 40 on international relations states: “In its dealings with other nations, Government shall…(d) adhere to the principles of…(v) any other international organisation of which Ghana is a member”. Ghana joined the ILO in 1957.
Source : ilo
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