The Individual, Fundamental Human Rights & Responsibilities
Chapter 5 of the 1992 Constitution, civil, political, economic, and social rights, civic responsibilities, limitations of rights, and the Commission on Human Rights and Administrative Justice (CHRAJ).
The Commission on Human Rights and Administrative Justice (CHRAJ), established under Chapter 18 of the 1992 Constitution, serves as Ghana's national human rights ombudsman. CHRAJ investigates human rights violations, anti-corruption petitions, and administrative injustices against public officers, ensuring ordinary citizens have a free channel to seek redress.
Key Syllabus Learning Objectives
- 1Define fundamental human rights and outline their classification (civil, political, economic, social)
- 2Explain key human rights guaranteed under Chapter 5 of the 1992 Constitution of Ghana
- 3Analyze the legitimate circumstances under which human rights may be curtailed or suspended
- 4Enumerate and explain the constitutional duties of a Ghanaian citizen under Article 41
- 5Assess the mandate and effectiveness of CHRAJ and the Judiciary in safeguarding rights
Chapter 5 Guarantees & Constitutional Limitations
- Right to Personal Liberty (Article 14): No unlawful detention; any person arrested must be brought before court within 48 hours.
- Freedom of Speech & Media (Article 21): Expressing opinions freely; freedom of the press without government censorship.
- Legal Limitations: A person's liberty can be restricted if convicted by a court, committed to a mental health facility, or quarantined for contagious diseases (e.g. COVID-19).
During the 2020 COVID-19 pandemic, the President of Ghana, under the Imposition of Restrictions Act, imposed partial lockdowns to safeguard public health, demonstrating legal curtailment of freedom of movement.
Rights are not absolute; their exercise is bounded by the public interest, public morality, and the rights of fellow citizens.
Civic Responsibilities & The Role of CHRAJ
- Article 41 Duties: Paying taxes promptly, defending the Constitution against subversion, protecting public assets, and promoting national cohesion.
- CHRAJ Mandate: Investigates complaints of violations of human rights, injustice, corruption, abuse of power, and unfair treatment by public officials.
- Access to Justice: Any citizen can file a petition with CHRAJ without an attorney and without paying filing fees.
CHRAJ routinely intervenes in cases where workers are wrongfully dismissed by state agencies or students are denied school admission based on religious symbols.
Every citizen who demands their constitutional rights must equally fulfill their civic obligations under Article 41.
- In WASSCE Section B, always balance rights with duties. If asked about rights, examiners often award bonus credit for mentioning Article 41 responsibilities.
- Remember that the 48-hour rule (Article 14) requires the police to present an arrested suspect before a court within 48 hours.
- Clearly identify CHRAJ as an independent constitutional body, not an arm of the police or the executive.
- Claiming that human rights are completely unlimited and that the state can never restrict movement or speech.
- Thinking that CHRAJ has the power to send people directly to prison (CHRAJ investigates and can make orders, but criminal sentencing is strictly the jurisdiction of the Judiciary).
- Ignoring duties like paying taxes and protecting state property when discussing responsible citizenship.
- Can I name 5 fundamental human rights under Chapter 5 of the 1992 Constitution?
- Do I know at least 4 legal grounds for restricting personal liberty?
- Can I recite at least 5 constitutional duties under Article 41?
- Do I understand the tripartite mandate of CHRAJ (Human Rights, Administrative Justice, Anti-Corruption)?
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