Children's Rights FAQs

Frequently Asked Questions About:

Children's Rights

How does the law protect the rights of children?
Who is a child?
Which children are protected?
What rights do children have?

How does the law protect the rights of children? The rights of Ghanaian children are protected by the Children's Act, 1998 and aspects of the Criminal Offences Act. The laws seek to ensure that in matters involving children, the well-being of the child is considered paramount. Top

Who is a child? Under the Children's Act, a child is any person under 18 years old. Top

Which children are protected? Every Ghanaian person under the age of 18 is protected regardless of sex, age, religion, physical disability, ethnic origin, or social status. All children have equal rights, regardless of whether they have adoptive or natural parents or married or unmarried parents. Top

What rights do children have? Under the law, a child has many rights including (but not limited to):

the right to a name, nationality and family
the right to live with his/her parents unless doing so poses a danger
the right, in the case of the death of a parent, to be reasonably provided for out of the estate of that parent
the right to education
the right to access food, shelter, medical attention, and anything else required for the child's healthy development
the right to participate in social and leisure activities
the right to express an opinion
the right to be protected from: torture and degrading treatment & forced marriages Top

Who is considered a parent? A parent includes the natural mother or father of a child, as well as adoptive parents. A Family Tribunal, in deciding who is a parent of a child, will consider factors such as the name of the parent entered in the register of births, the performance of customary ceremonies by the father, and public acknowledgment of parentage.

An application for confirmation of parentage can be made before the child is born, within three years of the death of the child's mother or father, before the child is 18, or, if the Family Tribunal provides special leave, after the child has turned 18. Top

What obligations do parents have? All parents must register the birth of their child and provide them with education, shelter, health, clothing, and protection from harm. Even where marriages have dissolved, parents still have maintenance obligations to their children to ensure that these basic rights are respected. These parental obligations are enforced by the courts. Top

What if a parent is not fulfilling his/her duties? Social workers, family members, spouses or ex-spouses, and other members of the community can bring attention to cases of parental neglect by reporting the matter to the Police or the Social Welfare and Community Development Department of a District Assembly, or by bringing the matter to the Family Tribunal. Top

What obligations do I have if I am aware of a child that is being abused? Any person who has information regarding child abuse or a violation of the rights of a child must report it to the Department of Social Welfare in the district. Anyone who exposes a child to danger or abandons them will be held criminally responsible. Top

What are the obligations of the State with regard to children? The State must provide care for orphans, the destitute, child beggars, and children that are not provided for by their parents or guardians. The State must also monitor the treatment of children. This is done by the Department of Social Welfare. The Department has representatives in all districts who are responsible for ensuring that all children within the district are protected. Top

What happens if the rights of a child are violated? Any person who violates the rights of a child can be punished by the court. Punishment may include a fine of up to GH ₵500 or imprisonment for up to one year or both. Top

What determines the amount of maintenance a parent must pay? In making orders for maintenance, the Family Tribunal will consider many factors, including the rights of the children, the parties' income and wealth, earning capacity, financial responsibility, and cost of living, and other relevant issues. Top

What is a Family Tribunal? Family Tribunals are panels of between three and five members (and always include a social welfare officer). Family Tribunals are established by the Children's Act to handle cases involving disputes over parentage, custody, access, and the maintenance of children. They are specifically designed to be much less formal and adversarial than courts. Top

How long do maintenance orders last? Maintenance orders last until the child turns 18, unless the child is still in school or is completing an apprenticeship. In those cases, the parent must continue to provide maintenance until their training is complete. However, if the child is "gainfully employed" before turning 18 maintenance will be discontinued. Top

What happens if a maintenance order is ignored? If a person who is legally required to maintain a child fails to do so, that person commits an offence and faces fines or imprisonment. Top

Who is a foster parent? A foster parent is someone who is not the natural or adoptive parent of the child but who is willing to care for and raise the child as his/her/their own. Anyone over the age of 21 can be a foster parent so long as he/she is of high moral character. Sometimes children who are removed from the custody of their natural parents because their well-being is at stake are placed in foster care.

Natural, adoptive, and foster parents are all equally responsible for providing for and protecting children. Top

Who is an adoptive parent? An adoptive parent is someone besides the natural mother or father of a child who has been given permanent parental rights over that child. Top

Who can adopt a child? A husband and wife may adopt a child. In addition, the natural mother or father of a child may adopt that child either on his/her own or jointly with a spouse who is not the natural parent of the child. Top

Can a single person adopt a child? Yes, as long as he/she is a citizen of Ghana. Top

What other conditions are there for adopting a child? In cases where the person(s) wishing to adopt a child is a relative of the child, at least one potential adoptive parent must be at least 21 years old. If the person or couple wishing to adopt a child is not a relative of the child, then that person, or at least one of the people making up the couple, must be at least 25 years old and at least 21 years older than the child. Further, an adoption order will not be made unless the child must has been in the care and possession of the applicant for at least a three month period immediately before the date on which the adoption order is made. Top

What is custody? A person has custody of a child when the child resides permanently with him or her. Usually a child will be in the custody of one or both parents, although other family members, or any person who is raising the child, may have custody. Top

How will the courts decide who should have custody of a child? If custody is being disputed, a Family Tribunal will weigh the evidence and circumstances of the individuals and decide who should have custody based on the best interests of the child. Top

What if custody if not respected? A person who does not have custody of a child cannot remove the child from the care of the person with custody unless they have permission. Removing a child without permission is an offense (abduction or child stealing) punishable by fine or imprisonment. Top

What is the difference between custody and access (visitation rights)? A person without custody of a child may still have access to the child for visits or holidays. A parent or other family member of the child, or any other person who has been caring for the child, may apply for access to the child. If a marriage dissolves, one parent usually maintains custody of the child while the other is granted visitation rights. Top

What are Children's Homes? Children's Homes are approved by the Ministry of Social Welfare and are licensed to protect the rights and interests of children who are under their care. The Homes help these children reunite with their families or become independent, working closely with probation officers and social workers. Top

How does a child enter a Children's Home? Any child whose case is before a Family Tribunal, who has been recommended by a probation or social worker to stay at a Home, or who is a homeless orphan may stay at a Children's Home. Top

What happens to children living in Children's Homes? Parents should continue to assist in the upbringing of their children while in Children's Homes by visiting them and contributing to their maintenance.

If the necessary approval has been given by the Department of Social Welfare, a child in a Home may be put up for adoption. Top

What happens if a child breaks the law? Children below the age of 12 are considered too young to be capable of disobeying the law. When a child between 12 and 17 breaks the law, Parliament has decided that the appropriate approach is not to punish the child, but to focus on reforming the child and correcting his/her actions.

If someone convinces a child aged 12 or younger to commit a crime, that person, and not the child, is held legally responsible for the crime. Top

What is a Child Panel? Under the Children's Act, District Assemblies may establish Child Panels to deal with civil and minor criminal cases involving children aged 12 – 17. The Panels, which sit at least once every three months, are not courts, and they include people who have the best interest of the child at heart (such as social workers and educators). The District Assembly decides how many Child Panels are needed in the district. Top

What are the objectives of Child Panels? The Panels aim to arrive at an amicable solution in which the child appreciates the negative effects of his/her actions and reconciles with any persons affected by those actions. To this end, the Panels employ a variety of methods including mediation, reconciliation, sensitization to the consequences of law-breaking, mentorship, and guidance. A Child Panel may place the child under the guidance of a well-respected member of the community for up to six months, or may order the child to provide an apology to those affected by their wrongful actions or to perform services for the victim as reparation for those actions. Top

When can a child give consent? A child can never give consent before the age of 12. A child under 16 can never give consent to acts of a sexual nature, which include entering into an arranged marriage. Top

What does the law say about the employment of children? In general, a child cannot be employed if either the employer or the nature of work takes unfair advantage of the child or adversely affects their health, education, or development. Prohibited types of employment include those that require carrying heavy loads, working at night or in dangerous conditions, working during school hours, or working for unreasonable lengths of time. Top

At what age can a child begin to work? A child cannot be employed until he/she has completed their basic education, which is expected to be finished by age 15. However, a child between 13 and 15 years may be employed if the work is relevant to their schooling, apprenticeship or development.

However, children are completely prohibited by law from working in certain fields, such as mining, working at sea, working with chemicals, or working in an environment where they may be exposed to immoral behaviour. Top

What happens if a child is made to work illegally? Anyone who violates child labour laws is guilty of an offense and may be fined or imprisoned or both. Top

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