Gender
Trapped in Limbo: Teenager girls caught between consent and marriage laws
A child according to Ghana’s Children’s Act, 1998, is any person below the age of 18 years and it clearly states that the best interest of the child shall be paramount in any matter concerning the child.
Again, it says the best interest of the child shall be the primary consideration by any court, person, institution or other body in any matter concerning the child.
According to Section 14 of the Act, ‘no person shall force a child to be betrothed, be a subject of a dowry transaction; or be married’.
The minimum age of marriage of whatever kind, it stated, shall be 18 years.
Ghana’s minimum age for sex
However, Ghana’s minimum age of consent to sex is ‘16’ years old. At this age, an individual is considered legally old enough to consent to participate in a sexual activity.
Ghana’s statutory rape law is therefore violated when an individual has consensual sexual contact with a person under age 16.
At the age of 16 years, most children in the part of the sub-region depend on their parents or guardians for their wellbeing-education, physiological needs (food, shelter, clothing, other basic necessities), and health needs among others.
When such a child, especially a female is legally permitted to consent to a sexual activity, it then means the child ‘should’ be able to take responsibility for whatever may be the effect of the sexual activity.
Disregard for loopholes in age consent to sex
A position paper on harmonising the age of sexual consent and the age of marriage in Ghana by the Ministry of Gender, Children and Social Protection and UNICEF Ghana, states that despite the concerns arising from the disparity in age of sexual consent and age of marriage, it is noted that there have been limited legal interventions.
So far, it said attention had been on the campaign to end child marriages and much consideration had not been given to the age of sexual consent in the country.
In Ghana, sex is not a topic that is easily discussed in the open. The socio-cultural dynamics between parents and their children make it difficult for children to discuss their sexuality freely with older members of their family.
Exacerbated by the ubiquity of social media, the result is that many young children and adolescents learn about sex from peers, internet sources and experimentation. If a child is too young to marry before the age of 18, is he/she old enough to have sex at 16 years?
In their consultations, they found out people were far more willing to accept boys’ interest in sex as natural, than teenaged girls’ interest, which was regarded as wayward, and symptomatic of some deficiency in a girl’s upbringing or in the girl herself.
Statistics
In Ghana, many adolescents aged 15 to 18, whether married or not, have had sexual intercourse, according to the United Nations Population Fund report in 2016.
Additionally, 12 per cent of girls and nine per cent of boys have had sex before the age of 15 and statistics further show that 10 per cent of teens under 15 years are having sex.
A survey conducted by the Ghana Demographic Health (GDHS) in 2008 revealed that 44 per cent of young people have sex before age 18 and most initiate it at age 15.
According to the Ghana Statistical Service, between 2008 and 2014, the percentage of men and women between the ages of 25 and 40 who reported having sexual intercourse at age 15 decreased only one point, from 12 to 11 per cent (GSS 2015).
Furthermore, it has been estimated that four in 10 Ghanaian women and two in 10 men aged 15–19 have had sex before. (Alan Guttmacher Institute, 2004).
Experiences of survivors
In an engagement with Martha Asante, a 17-year old school dropout, she said: “I got pregnant at 16 and was forced to drop out of school. If the age of consent to sex was 18, I might have avoided this situation.
Since we were taught in school you can have sex at 16, I just gave in to a man who showed interest easily.”
Another, Naa Lamiokor Tagoe, a survivor of a child marriage, says: “I was married at 17 and had to endure physical and emotional abuse. If the legal age of marriage was enforced, I might have been spared this ordeal.”
Expert’s concerns
Mr Abdulai Jaladeen, the Upper East Regional Director of the Commission on Human Rights and Administrative Justice (CHRAJ), at the celebration of the International Day of the Girl Child in Bolgatanga, appealed to the Gender Ministry to lead the crusade for a memo to be sent to Parliament for the law to be amended.
The delay in reviewing the age of consent to sex, he said, allowed culprits of child sexual abuses to go scot free. “When an adult impregnates a child at the age of 16, the law can catch up on you, but some of these people go behind to influence parents and even the victim.
And once the girl appears before a judge, and says I consented, the judge and prosecutors cannot do anything,” he noted.
Mr Jaladeen explained that if the law was changed from 16 to 18, men who fell foul to the law against girls below the age of 18 years would be punished fairly no matter the culprit’s financial and social standing.
He also called for a review of the Children’s Act to give stiffer punishment to people who give their girls out for early marriages to serve as deterrent to others, adding that the fine of GH¢500 for convicting an offender of the law was too minimal and suggested that a provision that spelt out modalities be made to compel the culprit to ensure that her education was not halted.
Dr Ndonwie Peter, National Executive Secretary of Girls Not Brides-Ghana, a network of non-governmental organisations, said the results of early sex at 16 was pregnancy, which truncated the education of girls as they were in many instances forced to cohabitate or marry those responsible for impregnating them.
He explained that the harmonisation of such laws to peg the minimum age of girls consenting to sex at 18 years, would help to control the increasing rate of early and forced marriages.
Challenges
Problems associated with child sex before marriage is intimate partner violence, sexually transmitted infections, adolescent pregnancy, early childbirth including unsafe abortions and infringements on their sexual and reproductive health and rights. The sexual relation involving a child usually occurs between her and an adult.
Therefore the older persons often take advantage of the girls and give them little or no room to negotiate for safe sex.
The WHO states that at 16 years or lower, the biological constitute of the girl might pose as a threat to childbirth and girls who engage in sexual activities are more likely to get pregnant, a condition that puts them at risk of experiencing stillbirths, miscarriages, eclampsia, puerperal endometritis, and systemic infections.
The babies might also suffer preterm birth, low birth weight due to young maternal age at birth, and severe neonatal condition. Many teenagers at age 16 engage in sexual intercourse not for procreation, but out of curiosity or for the fun of it and aside its consequences, the teenage mother may not be prepared for marriage or be legally permitted to marry.
To avoid shame, the parents of the female children may force their daughters to marry the man who impregnated them.
The situation is more common in the coastal communities and the Northern part of the country, where the pregnant girl is forced to live with the man responsible and/or his family, reports have stated.
Ghana as a country that is hungry for growth with all parties involved such as government, civil society organisation, development partners and donor agencies, parents, students, religious and traditional leaders, the media as well as legal practitioners, need to analyse carefully if an addition to the population through unwanted pregnancies by children is positive and should be encouraged.
If a child born of a child is not well taken care of due to inadequate finances, that child becomes a burden on society and the government at large. They gradually join the large population to depend on the fewer resources, and thereby harden the lives of the citizenry much more. -GNA
Gender
Ngleshie Alata Queen mother pledges to champion girl-child education
The newly enstooled Paramount Queenmother of Ngleshie Alata, James Town in Accra, Naa Affipong IV, has pledged to make girl-child education the cornerstone of her reign, emphasising its critical role in transforming communities and empowering future generations.
Speaking after her recent enstoolment, Naa Affipong IV, known in private life as Mrs Alberta Addo, called on parents and guardians to prioritise the education of their daughters, stressing that educating a girl has a far-reaching impact beyond the individual.
“I pledge to dedicate my reign to champion girl-child education, which is a crucial tool for youth empowerment and community development,” she declared.
She pointed out that empowering girls through both academic and vocational training would not only reduce social issues such as teenage pregnancy but also prepare them to become responsible and influential leaders in society.
Naa Affipong IV highlighted the urgent need to provide young girls with equal opportunities and create environments that support their growth and confidence.
She urged parents to be intentional about their daughters’ futures, saying “an educated girl has the power to lift her entire family out of poverty and transform her community. We must not fail them.”
The Queen mother also appealed to chiefs, elders, and community leaders to join forces in promoting initiatives aimed at empowering the youth, particularly young girls, through education, mentorship, and entrepreneurship.
While advocating girl-child education, Naa Affipong IV stressed the importance of peace, unity, and moral values within the community, especially among the youth.
The Queenmother also emphasised the importance of collaboration between traditional authorities and state institutions to address broader community challenges such as unemployment, infrastructure deficits, and social vices.
Her enstoolment ceremony was marked by vibrant cultural displays and attended by chiefs, queen mothers, elders, and residents of the Ngleshie Alata community. As part of the rites, she swore an oath of allegiance to the elders of Adjumako Durampong, promising to serve her people with dedication
By Esinam Jemima Kuatsinu
Gender
Vice President Opoku-Agyemang visits five families of victims of helicopter tragedy
Vice President Professor Naana Jane Opoku-Agyemang on Tuesday led a government delegation to pay a courtesy visit on the families of the five civilian victims of the August 6 helicopter tragedy.
The visit, which was on behalf of President John Dramani Mahama, who is currently on a working visit to Japan, was to comfort the widows and children of the deceased persons, and to find out how they were doing.
The Vice President’s delegation visited the families of Dr Samuel Sarpong, Vice Chairman of the National Democratic Congress (NDC) and Mr Samuel Aboagye, Deputy Director-General, National Disaster management Organisation (NADMO).
The rest were the families of Alhaji Mohammed Muniru Limuna, Deputy National Security Coordinator in-charge of Human Security; Dr Edward Kofi Omane Boamah, Defence Minister and Alhaji Dr Ibrahim Murtala Muhammed, Minister of Environment, Science and Technology.
Members of the Vice President’s delegation included Mr Julius Debrah, Chief of Staff at the Presidency; Dr Valarie Sawyerr, a Senior Presidential Advisor for Governmental Affairs; Mr Alex Segbefia, Chief of Staff at the Office of the Vice President and Mr Seth Terkper, Economic Advisor to the President.
The rest are Nana Oye Bampoe Addo, Deputy Chief of Staff in-charge of Finance and Administration; Mr Fifi Fiavi Kwetey, General Secretary of the ruling National Democratic Congress (NDC); Hajia Shamima Muslim, Deputy Presidential Spokesperson; Nana Yaa Jantuah, a Presidential Staffer and Mr Rex Omar, Presidential Staffer.
The Limuna Family expressed gratitude to the Government for the visit, stating that the visit would go a long way to strengthen and comfort them.
Hajia Shamima Muslim, a Deputy Presidential Spokesperson, speaking to the media at the end of the visit, said President Mahama had directed that the delegation should visit each family of the deceased persons to find out how they were doing, especially the spouses and the children.
She noted that because the President was out of the jurisdiction, the Acting President, Vice President Professor Opoku-Agyemang, led the delegation to pay visitations to each one of the families of the victims of the tragedy.
She said basically, the visit was also to communicate the President’s commitment to support the families through this very difficult period and to reassure them of the pledge that he had made, especially for the families with young children, who were still in school, with the announcement of the Children’s Support Fund.
Hajia Shamima Muslim announced that a lot of donations were already coming through.
She said those who might want to also visit the Government Communication portals on how they could also donate to the Children’s Support Fund for the various victims or the families of the nation’s fallen heroes could do so.
That, she said, was also to help the Government ensure that whatever their fathers would have done for them, the Government would step in and do the same.
Touching on the adult children of the victims, Hajia Shamima Muslim said conversations were around on how to support their own aspirations; stating that it was the same commitment to them.
“So today we just came to reassure the families that the President is with them and will stand with them throughout this very difficult period,” she said.-GNA
