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Daily Accra > Blog > Opinion > Law & Order > How The Human Rights Provisions In Ghana’s 1992 Constitution Reshape Spirituality
Law & Order

How The Human Rights Provisions In Ghana’s 1992 Constitution Reshape Spirituality

Inspector Akwasi Ofori
Last updated: June 1, 2024 12:03 pm
By Inspector Akwasi Ofori 765 Views
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5 Min Read

Flipping through the Human Rights provisions in Chapter 5 of the 1992 Constitution of Ghana, a thought dawned on me, “if we are a people who valueand uphold the fundamental human rights, we must have been fortunate enough to have a more resilient social ties— the law should enhance our intra and interpersonal relationships”. Article 15 (1) of the 1992 Constitution is instructive: The dignity of all persons shall be inviolable. In legal terms, the word, “shall” is both mandatory and obligatory. 

The Problem 

Even though provisions like Article 15 (1) above mandates citizens to safeguard the dignity of all persons, the harsh reality is that violations of human dignity persist, even among Christian communities, where the principles of compassion and respect for human life are espoused. Also, under the guise of Romans 6: 14 (ESV) “For sin will have no dominion over you, since you are not under law but under grace”. Some preachers have rejected the entire concept of law as a tool to reshape humanity. Consequently, church leaders, especially those within the charismatic fraternity continue to face legal actions for noncompliance with various laws or statutes as seen in the undermentioned cases:

1. Police investigate Christ Embassy for flouting Covid-19 protocols (Daily Graphic May, 03-2021)

2. Four churches in the Sunyani Municipality shut down indefinitely for non-compliance with COVID-19 safety protocols and guidelines (Ghanaian Times, 2020)

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In 2023, six churches were fined by the Ga Traditional Council for flouting the ban on drumming and noise-making by the Ga State (GhanaWeb, June 2023).Also, in modern societies, many have disregarded the principle of natural justice, a practice which has caused immense pain and distress for numerous individuals, leaving a lasting impact on their lives. Regrettably, those who know the law, ought to know the law, or capable of knowing the law, are oftentimes guilty, leading to the payment of severe court fines and other sanctions. 

Spirituality Defined

The term spirituality means different things to different people. According to the Ghanaian theologian, Emmanuel. Y Lartey spirituality refers to the human capacity for relationship with self, others, world, God and that which transcends sensory experience. In his work entitled, The Relational Dynamics of Spirituality, Stephen Sandage examines the role of relationship and asserts that spiritual growth and development occur through the integration of relationships, including those with oneself, others and divine.  Sandage advocates for a relational approach to spirituality, emphasizing the importance relationships in spiritual growth and development.

From the above, one can see that the emphasis of spirituality is on relationships. A spiritual person, then, would be one who has mastered the skill of building quality relationship first, with himself, others and, ultimately, God.

Human Rights Provisions and Spirituality

Even though Articles 17 and 21 focuses on accused persons, the principles are applicable for all. For instance, Article 17 (1)(2) of the 1992 Constitution states: All persons shall be equal before the law, and a person shall not be discriminated against on grounds of gender, race, colour, ethnic origin, religion, creed or social status. In a spiritual sense, the principle of equality promotes the quality of relationships across various context, including personal, professional and societal interactions. On the other hand, discrimination contradicts core Christian values and undermines the principles of love, compassion, and respect that are central to spiritual teachings. Also, Article 21 (2) (c) states: A person charged with a criminal offence shall be presumed to be innocent until he is proved or has proven guilty. This provision is also consistent with the theological principle for justice. Amos 5:24 reads, “But let Justice roll on like a river, righteousness like a never-falling stream”. The passage emphasizes the importance of creating a society where justice and righteousness are the guiding principles, and where everyone is treated fairly and with compassion. Thus, in adopting the principle of presumptions of innocence, we would not only be adhering to a constitutional provision, but also recognising an importantspiritual obligation of the need to upholding justice. Therefore, in a “spiritual”sense, Article 21 underscores the inherent dignity and worth of every individual ensuring that people are not unjustly stigmatized, disgraced, vilified, without proper evidence and fair hearing.

As one can see, by consciously integrating the human rights principles into spirituality, we can cultivate a more equitable and just society, where freedom and spiritual growth are harmonized with the well being and dignity of all individuals.

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