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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Litigating educational rights in Ghana: the need for action
Author:Premo, K.M.
Year:1998
Periodical:Annual conference - African Society of International and Comparative Law
Volume:10
Pages:89-107
Language:English
Geographic term:Ghana
Subjects:social and economic rights
civil procedure
education fees
Abstract:The justiciability of economic, social and cultural rights has now gained currency in both municipal and international human rights instruments, making them enforceable in both the private and the public sphere. In Ghana, the enforcement of fundamental human rights is provided for in articles 12(1), 33 (1, 2 and 3) and 218[c] of the 1992 Constitution. The sources of educational rights in Ghana are the 1992 Constitution, local legislation, and international human rights instruments. Litigating educational rights in Ghana therefore entails the use of these instruments as the basis of a legal action in a court or other such forum. A test case is the Concerned Parents and Teachers' Association (CPTA) and two others v. Morning Star Preparatory School and eight others, the Minister for Education and the Attorney General, brought before the High Court. At issue is the effect of exorbitant school fees on the right to education. About ten reliefs related to school fees and other payments levied on guardians have been endorsed on the CPTA v. Morning Star writ. The suit is still pending but its initiation has brought to the fore the need for human rights enforcement procedure rules, the need for making international human rights instruments available to lawyers and judges, and for equipping them with the skills to facilitate the development of human rights jurisprudence. Notes, ref.
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