constituteproject.org PDF generated: 04 Oct 2013, 20:33 CHAPTER 5 FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS Part I General 12 PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS (1) The fundamental human rights and freedoms enshrined in this Chapter shall be respected and upheld by the Executive, Legislature and Judiciary and all other organs of government and its agencies and, where applicable to them, by all natural and legal persons in Ghana, and shall be enforceable by the courts as provided for in this Constitution. (2) Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest. 13 PROTECTION OF RIGHT TO LIFE (1) No person shall be deprived of his life intentionally except in the exercise of the execution of a sentence of a court in respect of a criminal offence under the laws of Ghana of which he has been convicted. (2) A person shall not be held to have deprived another person of his life in contravention of clause (1) of this article if that other person dies as the result of a lawful act. of war or if that other person dies as the result of the use of force to such an. extent as is reasonably justifiable in the particular circumstances(a) for the defence of any person from violence or for the defence of property; or (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or, (c) for the purposes of suppressing a riot, insurrection or mutiny; or (d) in order to prevent the commission of a crime by that person. 14 PROTECTION OF PERSONAL LIBERTY (1) Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law— (a) in execution of a sentence or order of a court in respect of a criminal offence of which he has been convicted; or (b) in execution of an order of a court punishing him for contempt of court; or (c) for the purpose of bringing him before a court in execution of an order of a court; or (d) in the case of a person suffering from an infectious or contagious disease, a person of unsound mind, a person addicted to drugs or alcohol or a vagrant, for the purpose of his care or treatment or the protection of the community; or (e) for the purpose of the education or welfare of a person who has not attained the age of eighteen years; or Ghana 1992 (rev. 1996) Page 11