Should The Human Rights Act Be Scrapped In Ghana?

The Human Rights Act[HRA], in simple terms, it is a ground-breaking piece of constitutional legislation as enshrined in the 1948 Convention on Human Rights, is a set of fundamental principles which include rights to life, rights to a family life, rights to privacy, education, freedom of expression, a fair trial and other provisions. The HRA is an absolute term, but in some respects and some occasions, it is applied subjectively by the courts. Is there a logical sense since by definition, the HRA should be an objective absolute and hence require absolute laws on criminal justice? Should the HRA do more to protect victims of crime and decent members of society than criminals?

All over the western world especially, there are daily outrageous 'human rights' claims hitting news headlines and one typical example is being played out in the UK as test case for the HRA now. According to the Daily Mail: “Mohammed Ibrahim [an Iraqi failed asylum seeker], knocked downed Amy Houston, 12, and fled the scene without getting her any help-leaving her trapped under the wheels. He was driving while disqualified and after the little girl's death he committed a string of further offence.” But the HRA- which the Prime Minister, David Cameron had personally pledged to scrap-has allowed Ibrahim to win his fight in Britain. Ibrahim's lawyers argued deporting him back to Iraq would breach Article 8 of the HRA, which guarantees his right to a private and family life.

This ruling has caused public outcry and now the government is under intense public pressure to scrap the HRA. Even Government ministers have expressed exasperation at the interpretation of the Acts by the courts. Now, the government is committed to establishing a Commission during 2011 to investigate the creation of a UK Bill of Rights that protects and extends British liberties and responsibilities. There is numerous stomach churning cases like: 200 drug-addicted prisoners brought a case against the UK's Home Office for stopping them taking drugs in jail and won £3,500 each! Another case is a claim by a man convicted of raping and murdering a 7-year old girl that the court should grant him the right to vote while in prison custody.

Today, serial killers, sadistic paedophiles, terrorists and armed robbers and some human rights lawyers have turned the HRA simply into a Charter for Criminals' Rights which destroys all sense of fairness. With Ghana's increasing armed robbery, paedophilia, rape and murders, isn't it time we, Ghanaians wake up to rethink our country's human rights laws to suit our own socio cultural problems? And what if the HRA should be replaced with Ghana's Bill of Rights and Responsibilities as being thought out in Britain? Express your opinions as your constitutional right!

Author: LONTO-BOY