Author: Phoebe Martekie Doku

The rule of law is often measured not by the eloquence of statutes, but by the rigor of their  enforcement. In Ghana, however, the chasm between law and practice has become both glaring  and corrosive. 

Our nation has no shortage of progressive legislation, spanning from child  protection, rent control, criminal justice, local governance, and beyond. Yet, for too many  citizens, these laws remain distant ideals rather than lived realities.  

SERIES ROADMAP  

The Laws Without Teeth series is a multi-volume scholarly exploration of the crisis of law  enforcement in Ghana. While our statutes are robust on paper, their weak and inconsistent  enforcement undermines justice, development, and democratic governance. Each volume of this  series focuses on one critical area where laws exist but their enforcement falters, exposing the  widening gap between promise and practice.  

INTRODUCTION   

The measure of a nation’s commitment to justice is not found in the number of laws it enacts but  in the seriousness with which it enforces them. Ghana’s legal framework for child protection is  robust, rooted in Article 28 of the 1992 Constitution and operationalised through the Children’s  Act, 1998 (Act 560). 

These provisions make clear that children must be shielded from hazardous  labor, night work, and exploitative practices, while parents, institutions, and society bear  collective responsibility to ensure their welfare and development. Yet, despite these safeguards,  child labor persists on a disturbing scale, visibly undermining the law and betraying the  constitutional promise of protection.  

Article 23 of the Constitution underscores that administrative bodies must act fairly, reasonably,  and in accordance with the law, granting aggrieved persons the right to seek redress. In practice,  however, the institutions tasked with child protection such as the Department of Children, and  the Department of Social Welfare under the auspices of the Ministry of Gender, Children, and  Social Protection, CHRAJ, and DOVVSU, struggle with inadequate resources, poor  coordination, and weak enforcement culture. The consequence is alarming: children as young as  ten years old are seen carrying heavy loads at night in market centers, working in artisanal  mining sites, or enduring forced labor in the fishing industry.  

This article, the first in the Laws Without Teeth series, interrogates the weak enforcement of  child labor laws in Ghana. It explores the legislative and institutional frameworks, highlights the  gap between law and reality, and critiques the state’s failure to fulfill its obligations under both  domestic and international law. It ultimately argues that unless Ghana moves beyond symbolic  legislation to practical enforcement, the cycle of child exploitation will persist, eroding not only  the rights of children but also the moral foundation of Ghana’s democracy. 

CHILD LABOUR  

The 1992 Constitution of Ghana as the supreme law of the land places significant emphasis on  the welfare and protection of children, recognising them as a vulnerable group deserving of  special care. Article 28 in particular provides a comprehensive framework of rights that  safeguard children’s development, education, health, and protection from exploitation. This  provision underscores the State’s duty, alongside that of parents and institutions, to ensure that  the best interests of the child remain paramount in all circumstances. Article 28 of 1992  Constitution of Ghana stipulates: 

“28 CHILDREN’S RIGHTS  

(1)(a) Parliament shall enact such laws as are necessary to ensure that, every child has the right  to the same measure of special care, assistance and maintenance as is necessary for its  development from its natural parents, except where those parents have effectively surrendered  their rights and responsibilities in respect of the child in accordance with law;  

(b) every child, whether or not born in wedlock, shall be entitled to reasonable provision out of  the estate of its parents;  

(c) parents undertake their natural right and obligation of care, maintenance and upbringing  of their children in co-operation with such institutions as Parliament may by law, prescribe in  such manner that in all cases the interests of the children are paramount;  

(d) children and young persons receive special protection against exposure to physical and  moral hazards; and  

(e) the protection and advancement of the family as the unit of society are safeguarded in promotion of the interest of children.  

(2) Every child has the right to be protected from engaging in work that constitutes a threat to  his health, education or development.  

(3) A child shall not be subjected to torture or other cruel, inhuman or degrading treatment or punishment.  

(4) No child shall be deprived by any other person of medical treatment, education or any  other social or economic benefit by reason only of religious or other beliefs.  

(5) For the purposes of this article, “child” means a person below the age of eighteen years.”  

Ultimately, Article 28 of the 1992 Constitution not only enshrines children’s rights but also  imposes clear obligations on parents, institutions as the law may prescribe, and society at large to  ensure the care, maintenance, and upbringing of children in a manner that always places the best  interests of the child above all else. Pursuant to Article 28(1)(a), Parliament was charged to enact  laws necessary for the realisation of these rights, a responsibility it fulfilled through the passage  of the Children’s Act, 1998 (Act 560), which gives practical effect to the constitutional  

provisions and reinforces Ghana’s commitment to safeguarding the welfare and development of  every child.  

From the foregoing, Article 28 of the 1992 Constitution not only enshrines children’s rights  within Ghana’s supreme law but also aligns the country with its international obligations under  the UN Convention on the Rights of the Child and the African Charter on the Rights and  Welfare of the Child. In essence, the effective realisation of these rights remains a shared  responsibility of the State, families, and society at large.  

The Children’s Act, 1998 (Act 560) was enacted to safeguard the rights of children. It is  therefore preamble as an ACT to reform and consolidate the law relating to children, to provide  for the rights of the child, maintenance and adoption, regulate child labor and apprenticeship,  for ancillary matters concerning children generally and to provide for related matters.   

Section 91 of Act 560 unambiguously stipulate that:  

“(1) The minimum age for the engagement of a person in hazardous work is eighteen years. (2) Work is hazardous when it poses a danger to the health, safety or morals of a person. (3) Hazardous work includes:  

(a) going to sea;  

(b) mining and quarrying;  

(c) porterage of heavy loads;  

(d) manufacturing industries where chemicals are produced or used;  

(e) work in places where machines are used; and  

(f) work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behavior.”  

Section 98 of Act 560 also provides that “The minimum age at which a child may commence an apprenticeship with a craftsman is fifteen years or after completion of basic education.”  

Furthermore Section 88 of Act 560 establish that: “(1) No person shall engage a child in night  work. (2) Night work constitutes work between the hours of eight o’clock in the evening and six  o’clock in the morning. 

THE REALITY  

In view of the aforementioned provisions, it is clearly unlawful, for children below the age of  eighteen (18) years to be engaged in hazardous work (where what constitute hazardous work has  been stipulated), a child to be engaged in night work (hours between 8pm to 6am). Despite this,  child labor is visibly rampant in both urban centers and rural areas, especially in markets, on the  streets, and in artisanal mining communities.

Per 2021 National Population and Housing Census, revealed that approximately 2 million Ghanaian children representing 28 percent of national  population are engaged in child labor, often in hazardous sectors such as agriculture,  fishing, mining, domestic service, and informal employment.

The lack of enforcement allows  children to work in hazardous conditions, violating not only domestic law but also international  treaties to which Ghana is a signatory. 

The provisions of the enactment above firmly establish that no child below 15 years is legally  allowed to learn a trade, and children are not supposed to be working at night or doing dangerous  jobs. Yet, in many places in Ghana, children are seen carrying heavy loads, selling at traffic lights  late into the night, or working in dangerous places like mining sites.

This puts their health and  future at risk. The law is clear, but authorities are not enforcing it, and many people don’t even  know it’s against the law. Children in Ghana are frequently trafficked and subjected to exploitative  labor in sectors such as cocoa farming, domestic work, fishing, gold mining, and commercial  sexual exploitation.

Those residing around Lake Volta face heightened risks of forced labor in the  fishing industry. Additionally, girls from rural communities in the northern regions often migrate  to urban areas to work as Kayayei female head porters in market centers where they are  especially vulnerable to sexual abuse and exploitation.

The government has a constitutional and  statutory obligation to prevent and eliminate child labor, and condemned the state’s failure to  enforce existing protections under the Children’s Act and the 1992 Constitution.  

RELEVANT INSTITUTIONS FOR THE PROTECTION OF CHILDRENS RIGHTS  

The Ministry of Gender, Children and Social Protection (MoGCSP) was created by an Executive  Instrument 1 (E.I. 1) in January, 2013 as a successor to the Ministry of Women and Children’s  Affairs. The primary objective for its establishment was to have a Ministry responsible for policy  formulation, coordination and monitoring and evaluation of Gender, Children and Social  Protection issues within the context of the national development agenda. The Ministry is mandated  to coordinate and promote the survival, social protection and development of children, vulnerable  

and excluded persons with disability and integrate fulfillment of their rights, empowerment and  full participation into National development. The Ministry acts through its specialised agencies  such as the Department of Children, Department of Social Welfare etc. in fulfilling this  constitutional and statutory mandate.  

Beyond the constitutional and legislative framework, the effective realisation of children’s rights  in Ghana depends on the coordinated efforts of specialised state institutions. The Commission on  Human Rights and Administrative Justice (CHRAJ), as an independent constitutional body, plays  a critical role in addressing violations of fundamental human rights, including those of children,  by providing avenues for redress and promoting accountability. Complementing this mandate is  the Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service, which  enforces the law against abuse, neglect, and exploitation of children, offering immediate protection  and legal recourse for victims. These enforcement and redress mechanisms intersect directly with  the work of the Department of Children and the Department of Social Welfare under the Ministry  of Gender, Children and Social Protection. While CHRAJ and DOVVSU are more reactive in  nature, responding to violations and abuses, the Ministry’s departments serve a preventive and  developmental function by formulating child-centered policies, coordinating child welfare  programs, and ensuring that families and institutions discharge their obligations to children as  required under Article 28 of the 1992 Constitution. Together, these institutions form a holistic  protective architecture, where rights are to be guaranteed and also safeguarded in practice through  monitoring, enforcement, support services, and policy direction.  

However, the existence of these laws and institutions, while commendable on paper, has not  translated into meaningful protection for many Ghanaian children. The synergy between CHRAJ,  DOVVSU, the Department of Children, and the Department of Social Welfare should, in theory,  create a robust enforcement and welfare framework. Yet, in practice, this protective architecture  is undermined by systemic weaknesses, ranging from inadequate resources, lack of coordination,  limited public awareness, and most critically, poor enforcement of existing laws.  

The effect is that constitutional guarantees and statutory provisions are rendered hollow when  children continue to be found on the streets at night, carrying heavy loads in markets, or subjected  to hazardous labor in artisanal mining and fishing communities, despite the clear legal prohibitions.  The widespread prevalence of child labor, as evidenced by the 2021 Population and Housing  

Census by the Ghana Statistical Service which reported nearly 2 million children engaged in  exploitative work, starkly illustrates the gap between law and lived reality. This failure to enforce  not only diminishes the authority of the Constitution and the Children’s Act, 1998 (Act 560) but  also places Ghana in breach of its international obligations under the UN Convention on the Rights  of the Child and the African Charter on the Rights and Welfare of the Child.  

Thus, while the legislative and institutional frameworks exist, the absence of effective  implementation reduces them to mere symbolic commitments. The real challenge lies not in the  creation of new laws, but in ensuring that existing protections are vigorously enforced, resources  are allocated, and accountability mechanisms strengthened so that the rights of children move  beyond aspirational rhetoric and become a lived reality for every Ghanaian child.  

THE WAY FORWARD: BRIDGING THE GAP BETWEEN LAW AND PRACTICE  

To ensure that the constitutional and statutory protections for children move from paper to practice,  Ghana must prioritise effective enforcement and accountability. It is recommended that,  Parliament, as the legislative and oversight body, should play a pivotal role in driving this change  by adopting the following interventions:  

1. Strengthen Institutional Capacity: Agencies such as the Department of Children, and the  Department of Social Welfare under the Ministry of Gender, Children, and Social Protection, CHRAJ, DOVVSU, require adequate resources, logistical support, and trained personnel to carry  out their mandates effectively. Budgetary allocations for child protection must be significantly  increased.  

2. Enhance Inter-Agency Coordination: A national framework should be established to harmonise  the operations of enforcement bodies, welfare departments, and civil society actors to eliminate  duplication and ensure swift intervention when children’s rights are threatened.  

3. Intensify Public Awareness and Community Engagement: Many families and communities  remain unaware that practices such as child labor, trafficking, and hazardous work are unlawful.  Nationwide sensitisation campaigns, especially in rural and high-risk communities, are essential  

to shift cultural attitudes and empower communities to protect children. Relevant institutions could  employ the various media agencies in this regard.  

4. Strengthen Legal Enforcement and Accountability: Authorities must be held accountable when  laws are flouted. Courts and law enforcement should impose stricter penalties on perpetrators of  child labor and trafficking to serve as deterrents, while Parliament ensures consistent monitoring  of enforcement agencies.  

5. Partnership with International and Civil Society Organisations: Ghana should deepen  collaboration with international partners and NGOs that specialise in child protection to mobilise  resources, technical expertise, and best practices for eradicating child labor and exploitation.  

By implementing these measures, Ghana can bridge the glaring gap between the existence of child  protection laws and their enforcement. The ultimate goal must be to create a society where the  constitutional promise of Article 28 is not merely aspirational, but a lived reality that safeguards  the dignity, welfare, and future of every Ghanaian child.  

CONCLUSION

The protection of children’s rights in Ghana is firmly rooted in the 1992 Constitution, particularly  Article 28, and further reinforced by the Children’s Act, 1998 (Act 560).

Institutions such as  CHRAJ, DOVVSU, the Department of Children, and the Department of Social Welfare under the  Ministry of Gender, Children, and Social Protection, have been established to ensure that the  paramount interest of the child is not only recognised but also safeguarded in practice.

Yet, the  persistence of child labor, exploitation, and abuse across the country exposes a troubling reality. If Ghana is to truly honor its constitutional and international obligations, enforcement must  become as important as legislation.

Parliament, enforcement agencies, communities, and civil  society must collectively close the gap between law and reality, ensuring that children are not  condemned to hazardous labor, exploitation, or neglect.

The future of Ghana rests in the hands of  its children; protecting their rights is not only a legal obligation but a moral imperative. It is time for the nation to move beyond rhetoric and commit to practical, sustained action that secures a  safe, dignified, and nurturing environment for every Ghanaian child.  

ABOUT AUTHOUR 

Addae Gyimah Lawrence  is LLB CANDIDATE (LEVEL 400). larrywhyte21@gmail.com