A situational analysis of the legal and policy context concern adolescent and young people Sexual and Reproductive Health and Rights

1. LEGAL AND POLICY SITUATION FOR
ADOLESCENT GIRLS AND YOUNG WOMEN
By: Ore Ayoola Akanji
Research, Advocacy and Learning Manager

2. Presentation Outline
1
Introduction
2
Objective
3
Methodology
4
Legal and
Policy
Framework
5
Institutional
Practices
6
Child
marriage
policies and
law
7
Adolescent
and Youth
Health
Policies and
Laws
8
Other rel

3. INTRODUCTION
 Ghana is a stable and democratic lower middle-income country
with a free press, active civil society, independent judiciary, and
largely apolitical military, providing a strong, favorable
environment for citizens’ economic growth.
 Adolescent health and development are one of the key foundations
for economic development and political stability in a country
(Ghana to be specific).
 Ghana has developed a number of legislative and policy
frameworks and is implementing the National Gender Policy,
Domestic Violence Act, Gender Mainstreaming and Gender
Responsive Budgeting across Ministries, Department and
Agencies (MDAs) and Metropolitan, Municipal and District
Assemblies (MMDAs)

4. OBJECTIVE
The purpose of this research is to
understand or assess the current legal and
policy situation for adolescent girls and
young women (AGYW)

5. METHODOLOGY
• Desk review
• Legal Frameworks (Laws, Penal code, Child
Rights act)
• Ministerial Policy- Level Strategies (National
Policy or strategies)

6. Legal and Policy Framework
International Covenant
on Civil and Political
Rights (ICCPR)
Signed and Ratified in 2000 as
well as the Optional Proctocol to
ICCPR
Convention on the
Elimination of all forms
of Discrimination Against
Women (CEDAW)
CEDAW
•Signed in 1980; Ratified in 1986
Optional Protocol to CEDAW
•Signed 2000;
•Ratified 2001
International Covenant
on Economic, Social and
Cultural Rights (ICESCR)
ICESCR
•Signed and ratified 2000
Optional Protocol to ICESCR
•Signed 2009;
•Not ratified
African Charter on
Human and Peoples’
Right (Banjul Charter)
Banjul Charter
•Signed 2004;
•Ratified 1989
Protocol to the African Charter
on Human and Peoples' Rights on
the Rights of Women in Africa
(“Maputo Protocol”)
•Signed 2003
•Ratified 2007

7. NATIONAL LEVEL
1992
Constitution
1992
1998
Affirmative
Action Policy
1998
2003
Labour Act
2003
2005
Human
Trafficking
Law 2005
2007
Domestic
Violence Act
2007
2009
National
Domestic
Violence
Policy 2009
2015
National
Gender
Policy 2015
2020
National
Action Plan
2020

8. INSTITUTIONAL
PRACTICES
• Lack of Resource Prioritization
• Rather than prioritizing resources for implementing
gender equality laws and realizing rights, the GoG is
directing resources towards legal development in other
areas such as foreign direct investment and policies.
• The Gender analysis report by USAID/Ghana revealed that
MoGCSP has a substantial budget and about 80% of their
overall budget is designated for social protection
programs not exclusive to women and girls, giving the
MoGCSP very little budgetary discretion for targeted
programming

9. INSTITUTIONAL
PRACTICES
• Lack of clear and cohesive gender mainstreaming
Strategy
• In 2019, AfDB noted that the MoGCSP has very little
coordination with other public sector ministries and does
not have the power to ensure the necessary
implementation of gender mainstreaming within the
public sector.
• Beyond the MoGCSP’s limited mandate, Ghana does not
have any multi-sector coordination mechanism for gender
mainstreaming within all sectors.
• To further limit the MoGCSP’s reach, the Gender Desk
Officers in the government ministries have no
accountability to the MoGCSP and have a high attrition
rate making it difficult to build sustainable gender policies
in the ministries
• In addition to the lack of coordination across the
government ministries, regional stakeholders often
receive limited guidance and resources regarding the
implementation of the National Gender Policy (2015),
resulting in seriously delayed regional implementation

10. CHILD MARRIAGE POLICIES AND
LAWS
In 2016, Ghana launched its National Strategic
Framework on Ending Child Marriage in Ghana 2017-
2026 with the overall goal of having a society without
child marriage by 2030.
Ghana has unequivocal laws that clearly prohibit
marriages below the age of 18years for men and
women (1992 constitution & Children’s Act of 1998)

11. ADOLESCENT
AND YOUTH
HEALTH
POLICIES AND
LAWS (ASRH)
• In 2016, Ghana reviewed the Adolescent
Reproductive Health Policy (ARH) 2000 and launch
ARH 2016-2020.
• The 2014 National Reproductive Health Policy and
Standards noted that adolescent can access family
planning service with no specific age mentioned.
• The Ghana AIDS Commission Act provides a legal
framework for the delivery of HIV health service in
the country. This indicate circumstances
(“impracticable/undesirable) where consent is
unnecessary between ages 16-18. However, the
law fails to expand upon the specific
circumstances (Provider’s discretion)
• The sexual age of consent is 16years (Children’s
Act 1998)

12. OTHER YOUTH
POLICIES
• The Ministry of Youth and Sport released a National
Youth Policy in 2010 with priority areas below and
not limited to these;
• Education and Skills training
• Employment
• Gender mainstreaming
• Health and HIV/AIDS

13. OTHER YOUTH RELATED POLICIES
• The Education Strategic Plan (ESP) 2018–2030 is
the third in a series of strategic plans that have
been produced since 2000 (ESP 2003–15; ESP 2010–
20; and now 2018–30)
• Discussions are ongoing to harmonize programmes
on Reproductive Health Education using recently
developed national guidance.
• The Previous ESP (2003-2015) only included a HIV-
specific programme while the new one includes
education on broader ASRH issues including HIV.

14. CALL TO
ACTION
• Enforce Laws and implement policies on the girl
child
• Strengthen the M&E of the Gender Ministry
capacity in gender data, gender statistics, gender
information, gender analysis and gender-sensitive
planning
• Strengthen inter-institutional coordination to
provide multi-sectoral response and Advocate for
institutional enforcement of their mandate
• Advocacy for the passage of the Affirmative Action
Bill into Law

15. THANK YOU
• “There are more than 500 million adolescent girls
living in the developing world today. Every one of
them can potentially help break the cycle of
intergenerational poverty, with ripple effects
multiplying across her society.”
Anthony Lake, Executive Director of the United
Nations Children’s Fund (UNICEF)

16. REFERENCES
• African Development Bank (AfDB). (2016). Country
Strategy Paper 2015-2020. Regional Department
Centre (ORCE).
• Dowuona-Hammond, C., Atuguba, R. A., & Tuokuu,
F. X. D. (2020). Women’s Survival in Ghana: What Has
Law Got to Do With It? In SAGE Open (Vol. 10, Issue
3). https://doi.org/10.1177/2158244020941472
• Jamal, A. M., Antwi-Agyei, P., Baffour-Ata, F.,
Nkiaka, E., Antwi, K., & Gbordzor, A. (2021). Gendered
perceptions and adaptation practices of smallholder
cocoa farmers to climate variability in the Central
Region of Ghana. Environmental Challenges, 5.
https://doi.org/10.1016/j.envc.2021.100293
• Report, E. (2001). Report of the Expert Group
Meeting on Gender and Racial Discrimination : In
Expert Group Meeting on Gender and Racial