[2024]DLSC17482 • February 28, 2024 • Supreme Court •
CHILD RIGHTS INTERNATIONAL vs. THE ATTORNEY-GENERAL
The plaintiff, a civil society organization advocating for the welfare of street children in Ghana, filed a writ invoking the Supreme Court's original jurisdiction under Articles 21 and 130(1) of the 1992 Constitution. The plaintiff alleged that the Government of Ghana failed to protect children living on the streets from physical and moral hazards, deprived them of medical treatment, education, and social benefits, and did not enforce laws adequately to safeguard their rights. The plaintiff sought declarations of constitutional breaches and orders compelling the government to establish child protection units, define penalties for exploitation, provide free healthcare and education, and submit action plans and reports to the Court.
read moreJUDGMENT PROF MENSA-BONSU (MRS.) JSC:- The plaintiff, a private Civil Society Organisation which aims to advance the welfare of children, and the living conditions of children on the streets, invokes the original jurisdiction of the Supreme Court pursuant to Articles 2(1) and 130(1) of the 1992 Constitution. The plaintiff concurs with William Shakespeare that, “unaccommodated man is no more but such a poor bare forked animal…” (‘King Lear’ Act 3 Scene 4.) Facts and background The plaintiff by this writ filed on 9th March, 2022, seeks to invoke the original jurisdiction of the Supreme Court under Article 2(1) and Article 130 that on a true and proper interpretation of Article 28(1) (c) (d), (2),(3) ,(4) ; Articles 15(1) (2) ; Article 13(1) and Article 35(5) of the Constitution of Ghana,1992, the current conditions of children living on the streets of Ghana are inconsistent with the aforementioned constitutional provisions. Upon the determination of the above, the plaint...