By Adwoa Birago NYANTAKYI and Akua Karl Ohene OBENG
Women have consistently reshaped every facet of our lives and society. Our contributions extend far beyond traditional roles of motherhood and have sparked waves of innovation and creativity in many industries. Recognising this important role of women, the push for gender equality took center stage many years ago. In the process, transformative legal reforms and sustained advocacy have marked the journey toward ensuring parity.
Emerging from a history influenced by patriarchal traditions and colonial legacies, the nation has steadily embraced modern legislative measures to safeguard the interests of women.
Traditionally, men were largely favoured with customary laws often limiting women’s rights, particularly in areas such as property ownership, inheritance, and political participation. During the colonial era, British legal frameworks further entrenched these disparities, often sidelining women from economic and political decision-making.
However, post-independence has seen significant legal milestones aimed at promoting gender equality, including the recognition of women’s rights in national legislation and the ratification of international conventions. The ongoing advocacy for gender equality reflects a broader societal recognition of women’s essential role in the nation’s development and prosperity. Through these efforts, Ghana has sought to rectify historical injustices and demonstrated a commitment to fostering an inclusive society that empowers women to participate fully in all facets of life.
Key legislations shaping women’s rights
Throughout the years, many legislative interventions have been enacted as tools for social transformation. Examining these key legislations reveals a dynamic history where each statute has contributed to reshaping societal norms, expanding opportunities, and challenging deeply ingrained disparities. Below are some examples:
Constitutional provisions
Ghana’s 1992 Constitution sets the tone for a more inclusive society by mandating all subsequent enactments to conform to its principles. It embodies a steadfast commitment to gender equality and social justice by enshrining key provisions that protect and shield women. For instance, while Article 17 prohibits gender-based discrimination, ensuring citizens enjoy equal rights and opportunities under the law, Article 22 secures the property rights of spouses, fostering economic fairness within marital relationships. Also, Article 27 provides special protections for women in employment and maternity matters, addressing their unique challenges and vulnerabilities.
Labour law
Ghana’s Labour Act, 2003 (Act 651) also safeguards the rights of women in the workplace, particularly in areas of maternity protection, equal pay, and non-discrimination. Under this legislation, female employees are entitled to paid maternity leave, ensuring financial security during childbirth and recovery. Additionally, the Act reinforces economic justice and promotes fairness across various industries.
Before the enactment of Act 651, maternity protection was largely inconsistent across different sectors, often leaving many women without adequate job security or financial support during pregnancy and childbirth. These provisions help align Ghana’s labour laws with global standards on workplace equity ensuring that women are shielded from employment discrimination due to pregnancy or motherhood.
Marriage and property rights
Prior to the enactment of PNDC Law 111, Ghana’s customary and colonial legal systems often excluded widows from inheriting property. In both matrilineal and patrilineal settings, inheritance typically favored the deceased’s kin, leaving widows economically vulnerable despite their substantial contributions. After years of public consultation and persistent advocacy by women’s organizations and legal experts, the 1985 promulgation of PNDC Law 111 marked a decisive shift ensuring fairer treatment and protection for widows and children.
This law was part of a broader reform agenda that included related statutes (Laws 112, 113, and 114) addressing marriage registration, estate administration, and family property management. Together, these measures helped to create a more comprehensive and equitable legal framework for intestate succession in Ghana. The Lands Act 2020 (Act 1036) is another transformative legislative intervention. This Act has been instrumental in promoting gender equality by formally recognizing the right of women to share in spousal property and joint land ownership within marriage.
Customary practices in Ghana often confined women to the periphery of land ownership while favoring male control. Act 1036 marked a significant legal reform aimed at modernizing these traditional norms. It was designed to harmonize customary land tenure with contemporary principles by ensuring both spouses are acknowledged as co-owners of property acquired during their union.
The Act clarifies spousal property rights and establishes mechanisms for resolving disputes related to joint ownership, thereby enhancing economic security for women. It reflects a broader response to discriminatory practices in property rights, demonstrating a growing recognition that women’s contributions to household and community wealth deserve equal acknowledgment.
Domestic violence and sexual offenses laws
Ghana has progressively strengthened its legal framework to protect women from gender-based violence through statutes such as the Domestic Violence Act, 2007 (Act 732) and various provisions within the Criminal Offenses Act. Under the Domestic Violence Act of 2007, women are protected against multiple forms of abuse, be it physical, psychological, or economic. This law not only criminalizes abusive behavior in domestic settings but also provides for protective orders, legal redress, and support services for victims. The Act marked a departure from past practices, where domestic violence was often dismissed as a private matter, by recognizing it as a violation of human rights.
Complementing these protections, Ghana’s Criminal Offenses Act incorporates measures against sexual offenses, including rape, defilement, and sexual harassment. These provisions have evolved to ensure that survivors of sexual violence receive access to justice and that perpetrators are held accountable.
In the early 2000s, growing public awareness and sustained pressure from civil society organizations, coupled with Ghana’s international commitments (such as to the Convention on the Elimination of All Forms of Discrimination Against Women), created an imperative for reform. This momentum led to the 2007 Domestic Violence Act, which redefined how society and the law view abuse and paved the way for broader protections regarding sexual violence.
Affirmative action act
The recently enacted Affirmative Action Act is set to transform governance by ensuring women have a definitive voice in key decision-making roles across public and private sectors. By establishing a mandatory quota for female representation, this legislation aims to create a balanced leadership landscape that reflects the diverse perspectives of society. Its roots can be traced back to the late 1990s when women were underrepresented for positions of power. The Act is expected to dismantle long-standing barriers, ensuring that women are empowered to actively participate in shaping policies, and leading initiatives.
Regulatory gender-based supports
In the evolving era, Ghana has increasingly recognized the immense contributions made by women entrepreneurs in the nation’s economic development. Several legal provisions now specifically promote women-owned businesses by providing tax incentives, easier access to funding, and targeted training programs. Key institutions, most notably Microfinance and Small Loans Centre (MASLOC), play an active role in delivering these supports, including business loans to women-led enterprises at competitive rates.
Also, the provision of specialized training programs designed to build entrepreneurial skills and improve business management by these institutions ensure female business owners can start and scale their ventures. For years, women in Ghana faced gender-based hurdles that limited their access to capital and formal business opportunities. The formation of the Ghana Enterprises Agency under the Ghana Enterprises Agency Act 2020 (Act 1043) marked a renewed government commitment to supporting and empowering women-owned enterprises.
The Bank of Ghana for instance, has encouraged financial institutions to develop women-focused credit facilities, ensuring that female entrepreneurs and business owners receive fair opportunities for capital investment. These specialized products often feature more favorable terms, such as lower interest rates, reduced collateral requirements, or tailored repayment schedules designed to overcome traditional barriers that have long hindered women from accessing finance. As new initiatives unfold such as the upcoming Women Development Bank, these evolving policies are anticipated to strengthen women’s economic empowerment and foster sustainable growth across Ghana.
Some existing barriers
Despite the gender equality milestones achieved by Ghana, challenges still exist in promoting the full attainment of goals and aspirations of legislative interventions. Some of the main barriers are:
- Deep-rooted cultural beliefs and traditional norms: Stereotypes and stigma about women’s role in society often hinder the effective implementation of gender equality laws. In some communities, traditional leaders and members resist affirmative action interventions due to patriarchal societal norms that prioritize male leadership and view women’s roles as primarily domestic.
- Weak institutional frameworks: Institutions responsible for enforcing gender equality laws often lack strong monitoring and evaluation systems. This weakness results in inconsistent implementation of policies and a lack of accountability for breaches.
Conclusion
Ghana’s strides toward gender equality bolstered by a number of legislations reflect a hard-won progress in addressing gender disparities within the country. Yet deeply rooted cultural norms and inconsistent enforcement, reminds us that true progress demands more than statutes, it requires a collective reimagining of societal values. Government institutions, civil societies, community leaders, and everyday citizens must unite to nurture a culture where equality is not just legislated but lived. The road ahead is long, but each step forward, the nation moves closer to a future where every woman’s potential is unshackled, and her contributions are celebrated.
>>>Adwoa Birago Nyantakyi is an Associate at Sustineri Attorneys PRUC (www.sustineriattorneys.com). Adwoa specializes in Banking and Finance, Green Financing, Capital Markets, Projects, Infrastructure, Construction, and Property and Land related legal matters. She welcomes views on this article via [email protected]
Akua Karl Ohene Obeng is an Associate at Sustineri Attorneys PRUC (www.sustineriattorneys.com). Akua specializes in Property and Land law, Corporate and Commercial Transactions, Dispute Resolution, Labour and Employment, Intellectual Property Law, and Family Law. She welcomes views on this article via [email protected]
