REDEFINING WORKPLACE SEXUAL HARASSMENT IN GHANA
Keywords:
Discrimination, Gender, Ghana, Law, Sexual HarassmentAbstract
Sexual harassment became topical in Ghana and Nigeria when BBC Africa Eye released the Sex for Grades documentary in the last quarter of 2019. The documentary implicated some lecturers in public universities. Nigeria’s Parliament promptly passed an anti-sexual harassment law. However, Ghana’s Parliament deliberated on the subject and has yet to pass an anti-sexual harassment law. The current legal regime on sexual harassment in the workplace in Ghana is limited. Accordingly, I advocate for a comprehensive law prohibiting all forms of sexual harassment in the workplace. I use doctrinal analysis to examine the existing laws on sexual harassment in Ghana and recommend redefining them expansively drawing comparative insights from Nigeria and South Africa.
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References
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STATUTES
Constitution of the Republic of Ghana.
Constitution of the Federal Republic of Nigeria.
Code of Good Practice on the Handling of Sexual Harassment.
Criminal and Other Offence (Procedure) Act of Ghana, 1960 (Act 30).
Criminal Offences Act, 1960 (Act 29).
Domestic Violence Act 2007 (Act 732).
Employment Equity Act 55 of 1998.
Employment of Educators Act, No. 76 of 1998 (as amended by the Education Amendment Act 53 of 2000).
International Labour Organization (ILO) Convention No.190 (C190) on Eliminating Violence and Harassment in the World of Work
Labour Act (Commencement) Instrument,2004 (E.I. 3 of 2004).
Labour Act 2003 (Act 651).
Legal Profession (Professional Conduct and Etiquette) Rules 2020 (L.I. 2423)
Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.
Protection from Harassment Act No. 17 of 2011.
Sexual Harassment in Tertiary Educational Institutions Prohibitions Bill, 2016
Supplementary Act Relating to Equality of Rights Between Women and Men for Sustainable Development in The ECOWAS Region.
CASE LAW
Commission on Human Rights and Administrative Justice v. Norvor [2001-2002] 1 GLR 78.