Back in December 2022, the Parliament of Ghana approved the draft Human Sexual Rights and Family Values Bill. Human Sexual Rights and Family Values Bill Ghana, Also called the controversial anti-LGBTQ bill, this piece of legislation implies tougher penalties for any form of homosexual activities, LGBT-related advocacy, and connections.
What Is the Human Sexual Rights and Family Values Bill?
The draft bill intends to regulate questions concerning sexual orientation and family values in Ghana. While supporters believe that it protects cultural and family traditions, opponents view this bill as a violation of basic human rights and freedoms.
Upon adoption, this bill will extend the list of limitations relating to same-sex couples in Ghana.
Important Provisions of the Bill
Criminalization of Homosexual Activities
According to the new bill, persons caught engaging in homosexual sex acts can be sentenced to imprisonment of not more than three years.
The law extends the current laws that already make homosexual sex illegal in Ghana.
Restriction on Advocacy/Promotion of LGBTQ
The bill also targets individuals and organizations who promote, sponsor, fund, and support LGBTQ activities.
Individuals convicted of these offenses can face sentences ranging from three to five years in jail.
Duty to Report Clause
One of the controversial clauses of the bill involves what is called “the duty to report.”
Citizens who come into possession of information about any prohibited act according to the law can be expected to report it to the police. Not doing so will make one commit an offense.
Exemptions for Certain Professionals
Contrary to previous drafts of the legislation, this draft includes provisions for some professionals performing their official duties.
Professionals exempted include:
- Journalists reporting LGBTQ issues
- Lawyers representing individuals in cases regarding LGBTQ
- Health professionals providing medical or psychological services to persons
Why Is the Bill Controversial?
The bill has received considerable attention nationally and internationally.
The proponents of the bill claim that the bill represents the cultural, religious, and societal values of the majority of Ghanaians.
The opponents, which include human rights activists and international organizations, argue that the enactment of the bill may result in discrimination and violation of human rights.
What Is Next?
President Assent
The bill has been enacted by parliament and has not been signed into law yet.
John Dramani Mahama, the President of Ghana, will either accept the bill to make it law, send it back to parliament, or request more legal scrutiny.
Legal Challenges
Legal experts and advocacy organizations believe that court cases can follow if the bill gets presidential assent.
Constitutional problems involving human rights and the procedure of passing such bills in parliament might be settled by the courts.
International Reactions
Some of Ghana’s international partners and human rights organizations have criticized the bill.
Some economists suggest discussing the economic ramifications of the bill.
Conclusion
In conclusion, the Human Sexual Rights and Family Values Bill is among Ghana’s recent legislative events. Despite its approval by the Parliament, the final decision is now up to the President of the country.
It is expected that the issue will remain in focus until it is resolved.
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