By Winifred Lartey

Copyright asaaseradio

The rule of law is often measured not by the eloquence of statutes, but by the rigor of their enforcement. In Ghana, however, the chasm between law and practice has become both glaring and corrosive.

Our nation has no shortage of progressive legislation, spanning from child protection, rent control, criminal justice, local governance, and beyond. Yet, for too many citizens, these laws remain distant ideals rather than lived realities.

SERIES ROADMAP

The Laws Without Teeth series is a multi-volume scholarly exploration of the crisis of law enforcement in Ghana. While our statutes are robust on paper, their weak and inconsistent enforcement undermines justice, development, and democratic governance. Each volume of this series focuses on one critical area where laws exist but their enforcement falters, exposing the widening gap between promise and practice.

INTRODUCTION

The measure of a nation’s commitment to justice is not found in the number of laws it enacts but in the seriousness with which it enforces them. Ghana’s legal framework for child protection is robust, rooted in Article 28 of the 1992 Constitution and operationalised through the Children’s Act, 1998 (Act 560).

These provisions make clear that children must be shielded from hazardous labor, night work, and exploitative practices, while parents, institutions, and society bear collective responsibility to ensure their welfare and development. Yet, despite these safeguards, child labor persists on a disturbing scale, visibly undermining the law and betraying the constitutional promise of protection.

Article 23 of the Constitution underscores that administrative bodies must act fairly, reasonably, and in accordance with the law, granting aggrieved persons the right to seek redress. In practice, however, the institutions tasked with child protection such as the Department of Children, and the Department of Social Welfare under the auspices of the Ministry of Gender, Children, and Social Protection, CHRAJ, and DOVVSU, struggle with inadequate resources, poor coordination, and weak enforcement culture. The consequence is alarming: children as young as ten years old are seen carrying heavy loads at night in market centers, working in artisanal mining sites, or enduring forced labor in the fishing industry.

This article, the first in the Laws Without Teeth series, interrogates the weak enforcement of child labor laws in Ghana. It explores the legislative and institutional frameworks, highlights the gap between law and reality, and critiques the state’s failure to fulfill its obligations under both domestic and international law. It ultimately argues that unless Ghana moves beyond symbolic legislation to practical enforcement, the cycle of child exploitation will persist, eroding not only the rights of children but also the moral foundation of Ghana’s democracy.

CHILD LABOUR

The 1992 Constitution of Ghana as the supreme law of the land places significant emphasis on the welfare and protection of children, recognising them as a vulnerable group deserving of special care. Article 28 in particular provides a comprehensive framework of rights that safeguard children’s development, education, health, and protection from exploitation. This provision underscores the State’s duty, alongside that of parents and institutions, to ensure that the best interests of the child remain paramount in all circumstances. Article 28 of 1992 Constitution of Ghana stipulates:

“28 CHILDREN’S RIGHTS

(1)(a) Parliament shall enact such laws as are necessary to ensure that, every child has the right to the same measure of special care, assistance and maintenance as is necessary for its development from its natural parents, except where those parents have effectively surrendered their rights and responsibilities in respect of the child in accordance with law;

(b) every child, whether or not born in wedlock, shall be entitled to reasonable provision out of the estate of its parents;

(c) parents undertake their natural right and obligation of care, maintenance and upbringing of their children in co-operation with such institutions as Parliament may by law, prescribe in such manner that in all cases the interests of the children are paramount;

(d) children and young persons receive special protection against exposure to physical and moral hazards; and

(e) the protection and advancement of the family as the unit of society are safeguarded in promotion of the interest of children.

(2) Every child has the right to be protected from engaging in work that constitutes a threat to his health, education or development.

(3) A child shall not be subjected to torture or other cruel, inhuman or degrading treatment or punishment.

(4) No child shall be deprived by any other person of medical treatment, education or any other social or economic benefit by reason only of religious or other beliefs.

(5) For the purposes of this article, “child” means a person below the age of eighteen years.”

Ultimately, Article 28 of the 1992 Constitution not only enshrines children’s rights but also imposes clear obligations on parents, institutions as the law may prescribe, and society at large to ensure the care, maintenance, and upbringing of children in a manner that always places the best interests of the child above all else. Pursuant to Article 28(1)(a), Parliament was charged to enact laws necessary for the realisation of these rights, a responsibility it fulfilled through the passage of the Children’s Act, 1998 (Act 560), which gives practical effect to the constitutional

provisions and reinforces Ghana’s commitment to safeguarding the welfare and development of every child.

From the foregoing, Article 28 of the 1992 Constitution not only enshrines children’s rights within Ghana’s supreme law but also aligns the country with its international obligations under the UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. In essence, the effective realisation of these rights remains a shared responsibility of the State, families, and society at large.

The Children’s Act, 1998 (Act 560) was enacted to safeguard the rights of children. It is therefore preamble as an ACT to reform and consolidate the law relating to children, to provide for the rights of the child, maintenance and adoption, regulate child labor and apprenticeship, for ancillary matters concerning children generally and to provide for related matters.

Section 91 of Act 560 unambiguously stipulate that:

“(1) The minimum age for the engagement of a person in hazardous work is eighteen years. (2) Work is hazardous when it poses a danger to the health, safety or morals of a person. (3) Hazardous work includes:

(a) going to sea;

(b) mining and quarrying;

(c) porterage of heavy loads;

(d) manufacturing industries where chemicals are produced or used;

(e) work in places where machines are used; and

(f) work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behavior.”

Section 98 of Act 560 also provides that “The minimum age at which a child may commence an apprenticeship with a craftsman is fifteen years or after completion of basic education.”

Furthermore Section 88 of Act 560 establish that: “(1) No person shall engage a child in night work. (2) Night work constitutes work between the hours of eight o’clock in the evening and six o’clock in the morning.

THE REALITY

In view of the aforementioned provisions, it is clearly unlawful, for children below the age of eighteen (18) years to be engaged in hazardous work (where what constitute hazardous work has been stipulated), a child to be engaged in night work (hours between 8pm to 6am). Despite this, child labor is visibly rampant in both urban centers and rural areas, especially in markets, on the streets, and in artisanal mining communities. Per 2021 National Population and Housing Census, revealed that approximately 2 million Ghanaian children representing 28 percent of national population are engaged in child labor, often in hazardous sectors such as agriculture, fishing, mining, domestic service, and informal employment. The lack of enforcement allows children to work in hazardous conditions, violating not only domestic law but also international treaties to which Ghana is a signatory.

The provisions of the enactment above firmly establish that no child below 15 years is legally allowed to learn a trade, and children are not supposed to be working at night or doing dangerous jobs. Yet, in many places in Ghana, children are seen carrying heavy loads, selling at traffic lights late into the night, or working in dangerous places like mining sites. This puts their health and future at risk. The law is clear, but authorities are not enforcing it, and many people don’t even know it’s against the law. Children in Ghana are frequently trafficked and subjected to exploitative labor in sectors such as cocoa farming, domestic work, fishing, gold mining, and commercial sexual exploitation. Those residing around Lake Volta face heightened risks of forced labor in the fishing industry. Additionally, girls from rural communities in the northern regions often migrate to urban areas to work as Kayayei female head porters in market centers where they are especially vulnerable to sexual abuse and exploitation. The government has a constitutional and statutory obligation to prevent and eliminate child labor, and condemned the state’s failure to enforce existing protections under the Children’s Act and the 1992 Constitution.

RELEVANT INSTITUTIONS FOR THE PROTECTION OF CHILDRENS RIGHTS

The Ministry of Gender, Children and Social Protection (MoGCSP) was created by an Executive Instrument 1 (E.I. 1) in January, 2013 as a successor to the Ministry of Women and Children’s Affairs. The primary objective for its establishment was to have a Ministry responsible for policy formulation, coordination and monitoring and evaluation of Gender, Children and Social Protection issues within the context of the national development agenda. The Ministry is mandated to coordinate and promote the survival, social protection and development of children, vulnerable

and excluded persons with disability and integrate fulfillment of their rights, empowerment and full participation into National development. The Ministry acts through its specialised agencies such as the Department of Children, Department of Social Welfare etc. in fulfilling this constitutional and statutory mandate.

Beyond the constitutional and legislative framework, the effective realisation of children’s rights in Ghana depends on the coordinated efforts of specialised state institutions. The Commission on Human Rights and Administrative Justice (CHRAJ), as an independent constitutional body, plays a critical role in addressing violations of fundamental human rights, including those of children, by providing avenues for redress and promoting accountability. Complementing this mandate is the Domestic Violence and Victim Support Unit (DOVVSU) of the Ghana Police Service, which enforces the law against abuse, neglect, and exploitation of children, offering immediate protection and legal recourse for victims. These enforcement and redress mechanisms intersect directly with the work of the Department of Children and the Department of Social Welfare under the Ministry of Gender, Children and Social Protection. While CHRAJ and DOVVSU are more reactive in nature, responding to violations and abuses, the Ministry’s departments serve a preventive and developmental function by formulating child-centered policies, coordinating child welfare programs, and ensuring that families and institutions discharge their obligations to children as required under Article 28 of the 1992 Constitution. Together, these institutions form a holistic protective architecture, where rights are to be guaranteed and also safeguarded in practice through monitoring, enforcement, support services, and policy direction.

However, the existence of these laws and institutions, while commendable on paper, has not translated into meaningful protection for many Ghanaian children. The synergy between CHRAJ, DOVVSU, the Department of Children, and the Department of Social Welfare should, in theory, create a robust enforcement and welfare framework. Yet, in practice, this protective architecture is undermined by systemic weaknesses, ranging from inadequate resources, lack of coordination, limited public awareness, and most critically, poor enforcement of existing laws.

The effect is that constitutional guarantees and statutory provisions are rendered hollow when children continue to be found on the streets at night, carrying heavy loads in markets, or subjected to hazardous labor in artisanal mining and fishing communities, despite the clear legal prohibitions. The widespread prevalence of child labor, as evidenced by the 2021 Population and Housing

Census by the Ghana Statistical Service which reported nearly 2 million children engaged in exploitative work, starkly illustrates the gap between law and lived reality. This failure to enforce not only diminishes the authority of the Constitution and the Children’s Act, 1998 (Act 560) but also places Ghana in breach of its international obligations under the UN Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child.

Thus, while the legislative and institutional frameworks exist, the absence of effective implementation reduces them to mere symbolic commitments. The real challenge lies not in the creation of new laws, but in ensuring that existing protections are vigorously enforced, resources are allocated, and accountability mechanisms strengthened so that the rights of children move beyond aspirational rhetoric and become a lived reality for every Ghanaian child.

THE WAY FORWARD: BRIDGING THE GAP BETWEEN LAW AND PRACTICE

To ensure that the constitutional and statutory protections for children move from paper to practice, Ghana must prioritise effective enforcement and accountability. It is recommended that, Parliament, as the legislative and oversight body, should play a pivotal role in driving this change by adopting the following interventions:

Strengthen Institutional Capacity: Agencies such as the Department of Children, and the Department of Social Welfare under the Ministry of Gender, Children, and Social Protection, CHRAJ, DOVVSU, require adequate resources, logistical support, and trained personnel to carry out their mandates effectively. Budgetary allocations for child protection must be significantly increased.
Enhance Inter-Agency Coordination: A national framework should be established to harmonise the operations of enforcement bodies, welfare departments, and civil society actors to eliminate duplication and ensure swift intervention when children’s rights are threatened.
Intensify Public Awareness and Community Engagement: Many families and communities remain unaware that practices such as child labor, trafficking, and hazardous work are unlawful. Nationwide sensitisation campaigns, especially in rural and high-risk communities, are essential

to shift cultural attitudes and empower communities to protect children. Relevant institutions could employ the various media agencies in this regard.

Strengthen Legal Enforcement and Accountability: Authorities must be held accountable when laws are flouted. Courts and law enforcement should impose stricter penalties on perpetrators of child labor and trafficking to serve as deterrents, while Parliament ensures consistent monitoring of enforcement agencies.
Partnership with International and Civil Society Organisations: Ghana should deepen collaboration with international partners and NGOs that specialise in child protection to mobilise resources, technical expertise, and best practices for eradicating child labor and exploitation.

By implementing these measures, Ghana can bridge the glaring gap between the existence of child protection laws and their enforcement. The ultimate goal must be to create a society where the constitutional promise of Article 28 is not merely aspirational, but a lived reality that safeguards the dignity, welfare, and future of every Ghanaian child.

CONCLUSION

The protection of children’s rights in Ghana is firmly rooted in the 1992 Constitution, particularly Article 28, and further reinforced by the Children’s Act, 1998 (Act 560). Institutions such as CHRAJ, DOVVSU, the Department of Children, and the Department of Social Welfare under the Ministry of Gender, Children, and Social Protection, have been established to ensure that the paramount interest of the child is not only recognised but also safeguarded in practice. Yet, the persistence of child labor, exploitation, and abuse across the country exposes a troubling reality. If Ghana is to truly honor its constitutional and international obligations, enforcement must become as important as legislation. Parliament, enforcement agencies, communities, and civil society must collectively close the gap between law and reality, ensuring that children are not condemned to hazardous labor, exploitation, or neglect. The future of Ghana rests in the hands of its children; protecting their rights is not only a legal obligation but a moral imperative. It is time for the nation to move beyond rhetoric and commit to practical, sustained action that secures a safe, dignified, and nurturing environment for every Ghanaian child.

ABOUT AUTHOUR

Addae Gyimah Lawrence is LLB CANDIDATE (LEVEL 400). larrywhyte21@gmail.com

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