The legal framework
Chapter 5 of the Constitution guarantees fundamental human rights, and Article 33 allows any person who alleges a violation to apply directly to the High Court, which has wide remedial powers. The Commission on Human Rights and Administrative Justice investigates complaints against public bodies and officials, free of charge, and can bring proceedings to enforce its findings.
Chapter 5 of Ghana's 1992 Constitution sets out the fundamental human rights and freedoms, and anyone alleging a breach may apply directly to the High Court for redress — a straightforward route that does not require exhausting other remedies first. The Commission on Human Rights and Administrative Justice provides a free alternative, investigating complaints against public bodies and officials.
Key points
| Constitution | Chapter 5, fundamental human rights and freedoms |
|---|---|
| Article 33 | Direct application to the High Court |
| CHRAJ | Investigates free of charge; findings enforceable through the courts |
| Supreme Court | Exclusive jurisdiction over constitutional interpretation |
| ECOWAS Court | Direct individual access without exhausting local remedies |
| African Charter | Ratified; Commission accessible after exhaustion |
| CHRAJ enforcement | Findings can be enforced through the courts |
In practice
- Exhaust domestic remedies first: no regional or international body will look at a case before that.
- Watch the deadlines — several are counted in months from the final domestic decision.
- Complain to the national human rights institution first: it is free and sometimes enough.
- Keep every decision, letter and acknowledgement: regional bodies will ask for the full record.
- Start with CHRAJ: it is free, nationwide, and its findings are enforceable.
Where to go
- Commission on Human Rights and Administrative Justice.
- Legal Aid Commission.
- ECOWAS Court of Justice, Abuja.
Worth knowing
CHRAJ is free and has offices across the country, which makes it the realistic first step for most people; the High Court route is available in parallel. CHRAJ combines free access with enforceable outcomes, which is unusual. It should be the first step for any complaint against a public body.
Frequently asked questions
How do you enforce a constitutional right in Ghana?
By applying to the High Court under the enforcement provision of the Constitution, which can grant declarations, injunctions and damages. Questions of constitutional interpretation go to the Supreme Court. The High Court route is direct and does not require going through other remedies first.
What does the human rights commission do?
It investigates complaints of human rights violations, administrative injustice and corruption by public officials, free of charge, and can mediate or bring proceedings. It is the practical first step for most people, because litigation is expensive.
Official sources and links
- Ghana.gov — official government portal