Enforcement of Fundamental Human Rights in Ghana: a Comparative Study of Articles 2, 33 and 130(1) of the 1992 Constitution

Abstract

The enforcement of fundamental human rights is a crucial aspect of any democratic society, ensuring the protection and preservation of individual freedoms and dignity. Ghana, as a democratic nation, has made significant strides in upholding and safeguarding fundamental human rights through legislative, judicial, and executive mechanisms. This study explores key legal instruments such as the 1992 Constitution, international treaties, and national laws that serve as the foundation for human rights enforcement in Ghana. This article explores the enforcement of fundamental human rights in Ghana by analysing the similarities and differences in the enforcement mechanisms outlined in Articles 33, 2, and 130(1) of the 1992 Constitution. Article 33 delineates fundamental human rights and freedoms, forming the basis for legal protection. Articles 2 and 130(1) emphasise on who can invoke the original jurisdiction of the of the apex court in enforcement and interpretation of the constitution, including these fundamental rights. The study highlights the common objective of upholding fundamental human rights across these articles, emphasising the importance of protecting individual freedoms. Additionally, it elucidates the nuanced enforcement approaches, elucidating the direct and indirect mechanisms each article employs. Understanding these dynamics is essential for comprehending the legal framework guiding the enforcement of fundamental human rights in Ghana.

Keywords: 1992 Constitution, Fundamental Human Rights, Enforcement