Ghana
CRIN would like to express our profound gratitude to our external reviewer, Dr. Kwabena Kyere, Research Scientist at the Centre for Sustainability and Environmental Action (CSEA) Ghana, for their insightful comments on a draft of this report. CRIN also sent a draft version to the State for feedback and any comments received were taken into account in finalising the report. Any errors or inaccuracies remaining in the report are CRIN’s.
This report is provided for educational and informational purposes only and should not be construed as legal advice. CRIN does not accept liability for any loss, damage, cost or expense incurred or arising by reason of any person using or relying on information in this report. CRIN encourages personal and educational use of this publication and grants permission for its reproduction in this capacity where proper credit is given in good faith.
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I. National legal protections
A. Are environmental rights protected within the national constitution?
The Ghanaian Constitution does not expressly create a justiciable constitutional right to a healthy or protected environment. Article 36(9) of the Constitution of Ghana provides that "[t]he State shall take appropriate measures needed to protect and safeguard the national environment for posterity; and shall seek co-operation with other states and bodies for purposes of protecting the wider international environment for mankind.”1 In addition, Article 41(k) states that every citizen has the duty “to protect and safeguard the environment.”2 However, these are Directive Principles of State policy. Although they are not independently justiciable, they may guide judicial interpretation when read together with enforceable rights such as the right to life and dignity (see Part II, A).
B. Have constitutional rights protections been applied by national courts with regards to environmental issues?
No case law has been found to address this question.
C. Has the concept of intergenerational equity been applied within national courts? If yes, in what circumstances?
Courts in Ghana have not specifically used the term “intergenerational equity”. However, one notable environmental case applied the same underlying idea by relying on Article 36(9) of the Constitution, which requires the state to protect the environment for “posterity”.3 In Center for Public Interest Law & Center for Environmental Law v Environmental Protection Agency, Minerals Commission & Bonte Gold Mines, applicants challenged environmental degradation caused by mining at Bonteso.4 The High Court held that Bonte Gold Mines had breached its statutory duties to minimize and rehabilitate environmental damage and that the EPA and Minerals Commission were under mandatory statutory obligations to monitor and control the mining operations.5 The court ruled that “the right to a safe environment is a constitutional right” recognised by Article 36(9), which requires protection of the environment “for posterity.”6 The judgment records evidence that the abandoned mining site left “uncovered ponds posing dangers to children”, but the court did not frame its reasoning around children’s environmental rights.7
D. What legislation is in place to regulate environmental protection? Are there any proposals for legal reforms currently under review in the national legislature?
Ghana has several laws for environmental protection, such as:
- Environmental Protection Act, 2025.8 Consolidates prior EPA mandates and climate law. Empowers the Environmental Protection Authority to regulate all pollution and environmental management, create pesticide and waste controls, establish the Ghana Carbon Registry and Mitigation Fund and lead national climate adaptation and mitigation. Requires permits for any polluting or development activity, mandates EIAs and imposes duties for disaster risk reduction and carbon market oversight.
- Environmental Protection (Environmental Assessment) Regulations, 2025 (EIA Regulations).9 Requires mandatory environmental and social impact assessments and permits for listed projects (expanded from prior lists). Introduces stronger climate and community safeguards, public disclosure requirements and higher penalties for non-compliance.
- Environmental Protection (Air Quality Management) Regulations, 2025.10 Ghana’s first dedicated air pollution law. Mandates national ambient air quality standards, emission limits and emissions inventory. Requires the Environmental Protection Authority to monitor air quality and sets rules on emissions from vehicles, industry and waste. Introduces penalties for exceeding standards or burning waste.
- Minerals and Mining Act, 2006 (as amended in 2019).11 Regulates licensing (reconnaissance, prospecting, mining leases) and sets conditions for operations. Section 18 explicitly requires mining companies to obtain Environmental Protection Authority and Forestry Commission permits “for the protection of natural resources, public health and the environment” before mining.
- Petroleum (Exploration and Production) Act, 2016.12 Regulates oil and gas exploration and production. Requires open-area licensing and best-practice development. Any new petroleum area requires a strategic environmental assessment: operators must report on the “impact of petroleum activities on the environment […] and risk of pollution.”
- Fisheries Act, 2002.13 Establishes the Fisheries Commission to manage marine and inland fisheries. Functions include regulating fishing methods, issuing licenses and protecting fish stocks. The Commission’s mandate explicitly includes correlating fisheries with other water uses and “environmental protection”.
- Forestry Commission Act, 1999.14 Establishes the Forestry Commission (FC) to manage and regulate forests and wildlife. Charged with sustainable management of forest reserves and protected areas and co-ordinating forestry policy. The FC vets timber contracts, tracks and inspects timber products and oversees the use of wildlife.
- Timber Resources Management Act, 1997.15 Aims to ensure timber is used sustainably, prohibiting clear-cutting outside approved contracts. Governs timber rights and harvest in public lands. Makes it illegal to harvest timber without a valid Timber Utilization Contract (TUC). Requires applications to the Forestry Commission and screening by a Timber Rights Evaluation Committee.
- Water Resources Commission Act, 1996.16 Creates the Water Resources Commission (WRC) to “regulate and manage the utilisation of water resources” and coordinate national water policy. The WRC can grant licenses (water rights) for abstractions, and enforce conservation measures (including declaring water use emergencies).
There are no major environment-related bills pending.
E. Is there any specific national policy addressing childhood exposure to toxic substances? If so, what is considered a safe level of exposure and what is the process for determining safe levels of exposure?
There is no specific national policy addressing childhood exposure to toxic substances. Existing national standards for air, water, food and consumer products apply to all population groups. Key Ghana regulations include air and water quality standards, limits on lead in paint and cosmetics and hazardous-waste law covering e-waste and mercury (see above in section I.D). Ghana sets environmental standards through its national regulatory agencies such as the Environmental Protection Authority, Ghana Standards Authority (GSA) and Food and Drugs Authority (FDA).17 No explicit child-specific numeric limits exist.
In 2022, a national blood-lead survey tested over 3,000 children between 1 and 5 years old.18 The study revealed widespread lead exposure among the children examined.19 Elevated blood lead levels appeared to be caused by industrial sources and consumer products.20 Ghana does target lead poisoning via surveillance and education, but formal numeric “safe” levels for children are from international guidelines.21
The FDA monitors heavy metals in foods and restricts lead in food products and cosmetics.22
F. Is the country equipped with pollutant release and transfer registers? If yes, do these registers take into account child specific factors regarding the substances for which data is gathered and the type of data generated?
Ghana does not have a PRTR. Existing laws impose sector-specific reporting in some instances, but they do not create public releases registers.23
Ghana’s National Emissions Inventory, managed by the Environmental Protection Authority, is primarily for greenhouse gases and not disaggregated by facility or chemical.24
Additionally, Ghana’s National Greenhouse Gas Inventory Report 2024 covers 32 years full time-series (from 1990 to 2022) for the four main Intergovernmental Panel on Climate Change (IPCC) sectors: Energy, Industrial Process and Product Use, Agriculture, Forestry and Other Land Uses and Waste.25
No child specific factors are incorporated in these tools.
G. Does the State assert extra-territorial jurisdiction for any environmental issues?
There are no procedural rules or environmental related case law that address this question.
II. Accessing courts
A. How can environmental cases be brought before national courts?
A constitutional challenge may be brought under Ghana's environmental provisions. Any Ghanaian person may bring a claim to the Supreme Court challenging a government enactment or “any act or omission of any person” as “inconsistent” with the Constitution.26 An applicant could argue that governmental action violates constitutional environmental obligations under Articles 36(9) and 41(k), which fall within the Directive Principles of State Policy (generally non-justiciable).27 Article 36 (9) of the Ghanaian Constitution provides that the government “shall take appropriate measures needed to protect and safeguard the national environment for posterity; and shall seek co-operation with other states and bodies for purposes of protecting the wider international environment for mankind.”28 Article 41(k) further imposes a duty on every citizen to protect and safeguard the environment.29 Although the Constitution does not expressly guarantee a standalone right to a healthy environment, these provisions may provide a basis for constitutional environmental claims. The Supreme Court has exclusive original jurisdiction over constitutional enforcement and interpretation matters under Article 130, while the High Court has jurisdiction to enforce fundamental human rights and freedoms.30
Ghanaian courts have increasingly relied on Directive Principles of State Policy as interpretive guides, particularly when read together with enforceable rights such as the right to life and human dignity, a fundamental right protected by the Constitution.31
The Environmental Protection Authority (formerly the Environmental Protection Agency) plays a central administrative and regulatory role in environmental governance in Ghana. Historically established as the Environmental Protection Agency under the Environmental Protection Agency Act, 1994 (Act 490), the regulator now operates under the Environmental Protection Act, 2025 (Act 1124).32 The Environmental Protection Authority administers environmental permits and compliance systems, including Environmental Impact Assessment (EIA) procedures.33 It may issue enforcement and compliance notices, conduct inspections, initiate enforcement proceedings, and, with the approval of the Attorney-General, prosecute environmental offences.34 Most environmental disputes begin through administrative processes before the Environmental Protection Authority rather than through litigation. Ghana's mining industry is administered by the Ministry of Lands and Natural Resources and the Minerals Commission, with the Ministry providing policy direction and the Minerals Commission regulating mining operations and mineral rights.35
Environmental disputes may reach the courts through judicial review or statutory appeals, although this pathway is relatively constrained. In principle, decisions of administrative bodies, including the Environmental Protection Authority and other sectoral regulators, may be challenged before the courts through constitutional proceedings or judicial review.36 However, Ghanaian courts have historically shown reluctance to interfere with agency discretion, especially in technically complex areas like environmental regulation.37 Certain environmental violations may be prosecuted through the criminal law framework.38 Sector-specific legislation creates offences for non-compliance.39 These offences are prosecuted by the State, often initiated by the Environmental Protection Authority or other regulatory bodies, and heard in criminal courts.40
However, in Ghana, many disputes, particularly at the community level, are resolved through customary and informal mechanisms.
It is worth noting that several factors contribute unequal access to courts in Ghana, such as geographic accessibility and institutional capacity, amongst others.41
B. What rules of standing apply in environmental cases?
Generally, Ghana’s environmental protection legislation focuses on agency enforcement, and scholars note the general “reluctance with which courts provide standing to plaintiffs in private and public nuisance claims” in Ghana.42 Property owners seeking to address environmental impact to their land may appeal to the High Court following agency review of their claim under the Minerals and Mining Act § 74.43 That section, however, does not allow landowners to directly seek court injunction against the mining operation.44
Allegations of a constitutional violation, however, provide automatic standing for citizens or Ghanaian corporate bodies in the Supreme Court.45 For example, as of July 2020, an environmental lawsuit on behalf of private citizens and seven organizations is before the Ghana High Court.46 The parties are suing the government in an attempt to block a new mining facility that could threaten access to clean water and harm endangered species in the Atewa forest.47
C. Do these rules of standing differ when children are the complainants and if so in what way?
The Constitution of Ghana provides standing for citizen suits, without reference to applicant age.48 Ghanaian District Courts may hear claims from any citizen.49 Under Ghana's High Court Civil Procedure Rules, a person under eighteen is treated as a person under disability for litigation purposes and ordinarily proceeds through a next friend (if applicant) or guardian ad litem (if defendant).50 The Rules specifically contemplate that, upon attaining eighteen years of age, the individual may continue or repudiate proceedings previously conducted on their behalf.51
Ghanaian courts have entertained litigation brought on behalf of children by organizations and representatives. In Child Rights International v. Attorney-General, a child-rights NGO sought constitutional relief concerning the rights of children in street situations.52 The litigation demonstrates that claims concerning children's rights may be brought by civil society organisations.
D. What is the burden and standard of proof for allegations of personal injury as a result of toxic exposure?
In Ghana, the burden of proof rests on the plaintiff alleging a claim of injury. Unless otherwise defined in a particular statute or criminal code, the standard of proof in civil matters is “preponderance of the probabilities” as defined in section 12(2) of the Evidence Act of 1975.53 A higher standard of proof (beyond reasonable doubt) typically applies in Ghanaian criminal proceedings.54
E. What limitation periods apply in environmental cases?
Statute of limitation issues in Ghana are governed by The Limitation Act of 1972:55
- “(1) A person shall not bring an action claiming damages for negligence, nuisance or breach of duty irrespective of how the duty exists, where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to a person, after the expiration of three years from the date on which the cause of action accrued."56
- For tort claims that are not covered by section 3, the limitation period is “six years from the date on which the cause of action accrued.”57
- A court may grant an extension to file upon specific mitigating circumstances.58
F. Is legal aid available in environmental cases? If so, under what circumstances?
The Ghana National Legal Aid program was first made law under the Legal Aid Scheme Law of 1987 and is currently nationally enforced under the Legal Aid Scheme Act of 1997 (Act 542).59 Although the national Legal aid scheme was established in Ghana to provide assistance for all who seek to defend or enforce the constitution, which provides for environmental protection, it is unclear whether the National Legal Aid program, which is publicly funded, offers legal services in cases involving environmental claims. Furthermore, the related Courts Act requires that litigants be assigned counsel when “it is desirable in the interest of justice that the party should have legal aid and that he is financially unable to obtain the services of a lawyer.”60
Generally, the Ghana Legal Aid Board is responsible for referring appropriate legal aid cases to representation. There are also individual nonprofit organizations that work to connect citizens to legal resources. For example, the Ghana Human Rights Advocacy Centre (HRAC) established a Pro Bono Lawyer Network in 2010 to provide free legal assistance.61 Since the Ghanaian Constitution frames environmental stewardship within the protected citizen rights, environmental cases may be a part of their mission.62 Some organisations providing legal aid in Ghana include: HelpLaw Ghana, International Federation of Women Lawyers (FIDA) - Ghana, Legal Resources Centre (LRC), Women in Law and Development in Africa (WiLDAF) - Ghana, Centre for Public Interest Law (CEPIL), and the Socio-Legal Defence Centre (SLDC) centre by Defence for Children (DCI) Ghana.63 None has a specific environmental focus.
Litigation in Ghana, particularly constitutional litigation before the Supreme Court, can involve substantial financial barriers. In environmental matters specifically, expert evidence concerning environmental degradation, toxic exposure, land use, hydrology, or public-health impacts may be necessary to support claims, further increasing litigation costs. Financial barriers, amongst others, contribute to the disparity in access to justice in Ghana.64
III. Remedies
A. What remedies are courts empowered to impose in environmental cases?
Ghana's National Environmental Policy adopts the principles of sustainable development and the Polluter Pays Principle as guiding principles of environmental governance.65 The Environmental Protection Act, 2025, likewise recognizes the Polluter Pays Principle as a guiding principle for environmental regulation and enforcement in Ghana.66 Under the Polluter Pays Principle, those responsible for environmental damage should bear the costs of remediation as well as the costs of preventive measures necessary to reduce or avoid further pollution.
B. What remedies have courts ordered in environmental cases to date?
No publicly accessible environmental case law was identified to address this issue.
C. Are there any administrative authorities empowered to act on environmental complaints and if so, how are they empowered to respond to complaints?
The Ghanaian Environmental Protection Authority is vested with regulatory and enforcement authority over environmental compliance, including the power to ensure adherence to environmental laws and policies.67 The statutory framework empowers the to initiate enforcement actions, including legal proceedings against violators and the imposition of administrative and criminal penalties for non-compliance.68 Violations of environmental requirements may result in fines, imprisonment, or both.69
IV. Civil and political rights
Freedom of peaceful assembly
A. How is children’s right to engage in peaceful assembly, including protests, protected in national law?
The Constitution of Ghana provides for all persons, which includes children, “freedom of assembly including freedom to take part in processions and demonstrations.”70 Additionally, Article 37 of the Constitution provides that the State should “enact appropriate laws to assure […] the protection and promotion of all other basic rights and freedoms, including the rights of […] children.”71 This provision does not specify that children have a right to engage in peaceful assembly.72
The Children’s Act does not explicitly codify a right to protest or assembly, but it protects children’s participation and development rights.73
The right of children to engage in peaceful assembly is also protected under Ghanaian law through two international treaties, the United Nations Convention on the Rights of the Child (“The Convention”) and the African Charter on the Rights of the Child (“The African Charter”) to which Ghana is a party.74 As a common law African country, international law and domestic law are separate legal systems.75 Therefore, only legislation or national courts can integrate international law into domestic law.76 While the Constitution of Ghana has no provision explicitly defining the state’s relationship to international law, the provision in Article 33 explains that the rights set out in Chapter Five of the Constitution “shall not be regarded as excluding others not specifically mentioned which are considered to be inherent in a democracy and intended to secure the freedom and dignity of man.”77 However, ratification of the Convention has influenced several national programs including initiatives led by the country's Ministry of Gender, Children, and Social Prevention with the support of UNICEF and USAID, among others.78 State agencies responsible for child welfare are mandated to monitor and coordinate implementation of the Convention.79
The African Charter protects children’s right to engage in peaceful assembly.80 Article 7 of the African Charter affords each child the right to freedom of expression, providing that “[e]very child capable of communicating his or her own views shall be assured the rights to express his opinions freely in all matters and to disseminate his opinions.”81 Moreover, Article 8 provides that “[e]very child shall have the right to free association and freedom of peaceful assembly in conformity with the law.”82 At the recommendation of the African Commission, Ghana amended several national laws, including its Constitution, to harmonise them with the African Charter.83
B. Are there any legal limitations on the right of children to engage in peaceful assemblies?
Article 21(4) of the Constitution of Ghana limits the freedom of assembly whenever “reasonably required to safeguard the people of Ghana against the teaching or propagation of a doctrine which exhibits or encourages disrespect for the nationhood of Ghana, the national symbols and emblems, or incites hatred against other members of the community.”84 The freedom of assembly will nonetheless prevail despite this derogation if the restriction is proven to not be reasonably justifiable “in terms of the spirit of the Constitution of Ghana.”85 Article 31 of the Constitution also permits derogation from the freedom of assembly during emergencies.86
The Public Order Act of 1994, which governs assemblies in Ghana, sets up rules under which people must abide by before being able to exercise the freedom of assembly in a specific context.87 Under this law, those who wish to hold a “special event” must notify the police of their intention not less than 5 days before the date of the special event.88 Special events include demonstrations, public meetings, and similar events, but they do not include religious meetings, charitable, social or sporting gatherings, or any lawful public entertainment or meeting.89 Notice must be in writing and must include the place and time of the event, the nature of the event, the time of commencement, the proposed route and destination, if any, and the proposed time of closure of the event.90 The police retain the authority to request that the organisers postpone, relocate, or halt special events if they have reasonable grounds to believe that the event may lead to violence or endanger public defence, public order, public safety, public health or the running of essential services, or if the event violates the rights and freedoms of other persons.91 If organizers refuse to comply, the police may apply to a judge or a chairman of a Tribunal for an order to prohibit the event on the proposed date or at the proposed location.92
C. What penalties can be imposed on children for engaging in school strikes?
At present, Ghana has not passed specific laws setting out penalties on children for engaging in school strikes. However, school strikes can potentially be considered special events (i.e., demonstrations) under the Public Order Act of 1994 and if so, the Act provides that “[a]ny person” who does not comply with the Act (i.e., properly notify the police of the demonstration or “takes part in [the demonstration] knowing that no notification has been given to the police”) “commits an offence and is liable on conviction to a fine not exceeding ¢2 million or imprisonment for a term not exceeding 1 year or to both.”93
Freedom of expression
A. How is children’s right to freedom of expression protected in national law? Are there any protections within the national constitution, legislation or developed through case law?
The Constitution of Ghana provides for all Ghanaian citizens, which includes children, “freedom of speech and expression, which shall include freedom of the press and other media.”94 Additionally, Article 37 of the Constitution provides that the State should “enact appropriate laws to assure […] the protection and promotion of all other basic human rights and freedoms, including the rights of […] children.”95 This provision does not specify that children have the right to freedom of expression.96
The Children’s Act of 1998 sets out rights and freedoms specific to Ghanaian children, including a right of opinion.97 Under Section 11 of the Children’s Act, “no person shall deprive a child capable of forming views the right to express an opinion, to be listened to and to participate in decisions which affect his well-being, the opinion of the child being given due weight in accordance with the age and maturity of the child.”98
No case law pertaining to children’s right to freedom of expression has been found to address this question.
B. Are there any legal limits or restrictions on the right to freedom of expression that specifically apply to children?
Article 21(4) of the Constitution of Ghana limits the freedom of expression whenever “reasonably required to safeguard the people of Ghana against the teaching or propagation of a doctrine which exhibits or encourages disrespect for the nationhood of Ghana, the national symbols and emblems, or incites hatred against other members of the community.”99 The freedom of expression will nonetheless prevail despite this derogation if the restriction is proven to not be reasonably justifiable “in terms of the spirit of the Constitution of Ghana.”100 Article 31 of the Constitution of Ghana also permits derogation from the freedom of expression during emergencies.101
The right of opinion in Section 11 of the Children’s Act is qualified. The enumerated right applies only to children “capable of forming views” and the Act does not elaborate on the meaning of this limitation.102 To the extent that a child is “capable of forming views”, his or her opinions are to be “given due weight in accordance with [his or her] age and maturity.”103
Under the Criminal Offences Act, children over the age of twelve can be charged with the crime of sedition, which targets speech, conduct or publications that incite people to rebel against the Government or the administration of justice in Ghana.104 Although the crime of sedition excludes commentary about government or constitutional defects “with a view to the reformation of those errors or defects”, its scope is broad enough to include speech such as commentary that raises “discontent or disaffection among the people of Ghana.”105
No case law pertaining to legal limits or restrictions on the right to freedom of expression that specifically apply to children has been found to address this question.
Freedom of association
A. How is children’s right to freedom of association protected in national law? Are there any protections within the national constitution, legislation or developed through case law?
The Constitution of Ghana provides for all Ghanaian citizens, which includes children, “freedom of association, which shall include freedom to form or join trade unions or other associations.”106 Additionally, Article 37 of the Constitution provides that the State should “enact appropriate laws to assure […] the protection and promotion of all other basic rights and freedoms, including the rights of […] children.”107 This provision does not specify that children have a right to freedom of association.108
No case law pertaining to children’s right to freedom of association has been found to address this question.
B. Are there any legal limits or restrictions on the right to association that specifically apply to children?
Article 21(4) of the Constitution of Ghana can limit the freedom of association whenever “reasonably required to safeguard the people of Ghana against the teaching or propagation of a doctrine which exhibits or encourages disrespect for the nationhood of Ghana, the national symbols and emblems, or incites hatred against other members of the community.”109 The freedom of association will nonetheless prevail despite this derogation if the restriction is proven to not be reasonably justifiable “in terms of the spirit of the Constitution of Ghana.”110 Article 31 of the Constitution of Ghana also permits derogation from the freedom of association during emergencies.111
No case law pertaining to any legal limits or restrictions on the right to association that specifically apply to children has been found to address this question.
Access to information
A. How is children’s right to access information protected in national law? Are there any protections within the national constitution, legislation or developed through case law?
The Constitution of Ghana provides for all persons which includes children, “the right to […] information, subject to such qualifications and laws as are necessary in a democratic society.”112 In Sagoe-Moses v. The Minister for Transport, the High Court of Accra recognized this right as an “inalienable […] human right and a constitutional right” that persists even in the absence of freedom of information legislation.113 Additionally, Article 37 of the Constitution provides that the State should “enact appropriate laws to assure […] the protection and promotion of all other basic rights and freedoms, including the rights of […] children.”114 This provision does not specify that children have a right to access information.115
The Right to Information Act of 2019 sets out the processes and procedures to request access to information from public institutions.116 Under the Right to Information Act, Ghanaians can apply in writing to a public institution indicating the information they need and the form in which they would like to receive the information.117
Limited legal awareness among poorer communities in Ghana remains a significant barrier to access to justice.118
B. Are there any legal limits or restrictions on the right to access information that apply specifically to children?
Because the Constitution does not limit this guarantee by age, the provision may extend to children as well as adults.119 The Right to Information Act, 2019, does not expressly impose age-based restrictions on requests for information either.120 The Act generally refers to requests made by “a person”.121 However, there appears to be limited judicial or administrative guidance concerning whether minors may independently exercise rights under the Act without parental or guardian involvement. Some secondary sources have suggested that practical or administrative barriers may exist for applicants under eighteen years of age, although no clear statutory prohibition has been identified.122
C. Does the national curriculum for schools include environmental education?
Ghana does not have a single dedicated environmental education subject nationwide. Since 2019, Ghana has formally integrated climate change education into school curricula at multiple levels.123 Ghana’s national curriculum integrates environmental education across subjects, rather than offering it as a separate subject. Environmental topics appear in primary and secondary subjects such as Science, Social Studies, Geography, and others.124 Recent reforms have explicitly added climate-change and sustainability content at Basic and Senior High levels.125
However, scholars note that implementation gaps persist.126 Academic analyses note that environmental topics are taught only superficially and in a fragmented way, with insufficient teacher training and materials.127
***
End notes
1 Constitution of the Republic of Ghana, 1992, art. 36(9), https://www.refworld.org/docid/3ae6b5850.html.
2 Ibid, Article 41(k).
3 Supra note 1.
4 Center for Public Interest Law & Center for Environmental Law v. Environmental Protection Agency, Minerals Commission & Bonte Gold Mines, Suit No. A (EN) 1/2005 (High Ct. Accra judgment dated May 5, 2009, verdict dated Mar. 27, 2009), https://cepil.org.gh/files/Judgement-&-Verdict-CEPIL-vs.pdf.
5 Ibid.
6 Ibid.
7 Ibid.
8 Environmental Protection Act, 2025 (Act 1124) (Ghana), https://epa.gov.gh/new/wp-content/uploads/2025/01/Environmental-Protection-Act-2025-Act-1124-2.pdf.
9 Environmental Protection (Environmental Assessment) Regulations, 2025 (L.I. 2504) (Ghana).
10 Environmental Protection (Air Quality Management) Regulations, 2025 (L.I. 2507) (Ghana); Emmanuel K. Dogbevi, Air Quality Management Regulations Have Been Passed into Law – EPA, GHANA BUS. NEWS (Sept. 6, 2025), https://www.ghanabusinessnews.com/2025/09/06/air-quality-management-regulations-have-been-passed-into-law-epa/.
11 Minerals and Mining Act, 2006 (Act 703), as amended by Minerals and Mining (Amendment) Act, 2019 (Act 995) (Ghana), https://www.mincom.gov.gh/wp-content/uploads/2021/06/Minerals-and-Mining-Amendment-Act-2019-Act-995.pdf.
12 Petroleum (Exploration and Production) Act, 2016 (Act 919), https://petrocom.gov.gh/wp-content/uploads/2022/08/Act-9190001.pdf.
13 Fisheries Act, 2002 (Act 625) (Ghana), https://faolex.fao.org/docs/pdf/gha34737.pdf.
14 Forestry Commission Act, 1999 (Act 571) (Ghana), https://www.clientearth.org/media/zq5hz3x4/1999-forestry-commission-act-571-ext-en.pdf.
15 Timber Resources Management Act, 1997 (Act 547) (Ghana), https://faolex.fao.org/docs/pdf/gha16665.pdf.
16 Water Resources Commission Act, 1996 (Act 522) (Ghana), https://lawsghana.com/post-1992-legislation/table-of-content/Acts%20of%20Parliament/WATER%20RESOURCES%20COMMISSION%20ACT,%201996%20(ACT%20522)/69.
17 Env’t Prot. Authority (Ghana), Home, https://www.epa.gov.gh/new/; Ghana Standards Authority, Home, https://gsa.gov.gh/; Food & Drugs Auth. (Ghana), About, https://www.moh.gov.gh/foods-and-drug-authority/.
18 Pure Earth & Ghana Health Serv., Ghana National Blood Lead Level Survey in Children Ages 1–5 (2023), https://www.pureearth.org/project/ghana-national-blood-lead-level-survey/.
19 Ibid.
20 Ibid.
21 World Health Organization, Guideline for Clinical Management of Exposure to Lead (2021), https://www.who.int/publications/i/item/9789240037045; UNICEF, Preventing Childhood Lead Poisoning in Ghana (2023), https://www.unicef.org/ghana/blog/preventing-childhood-lead-poisoning-ghana; UNICEF, What Is Lead Poisoning? (2025), https://www.unicef.org/ghana/stories/what-lead-poisoning.
22 Lead Poisoning Threat: UNICEF and FDA Study Reveals Hidden Danger in Everyday Items for Ghana’s Children, UNICEF (Oct. 9, 2025), https://www.unicef.org/ghana/press-releases/lead-poisoning-threat-unicef-and-fda-study-reveals-hidden-danger-everyday-items.
23 See, for example, supra note 13.
24 Republic of Ghana, National Greenhouse Gas Inventory Report 2024, U.N. Framework Convention on Climate Change (Dec. 30, 2024), https://unfccc.int/documents/645132.
25 Ibid.
26 Supra note 1, Article 2.
27 Supra note 1, Article 36(9) (“The State shall take appropriate measures needed to protect and safeguard the national environment for posterity; and shall seek co-operation with other states and bodies for purposes of protecting the wider international environment for man”). Aside from the national constitutional framework, Ghana signed and ratified the African Charter on Human Peoples’ Rights, which includes a commitment to environmental stewardship.
28 Ibid., Article 36(9).
29 Ibid., Article 41(k).
30 Supra note 1, Articles 130(1) and 140(2).
31 New Patriotic Party v. Att’y-Gen. (31st December Case), [1993–94] 2 G.L.R. 35 (S.C.), https://recordoflaw.in/new-patriotic-party-v-attorney-general-1993-94-2-glr-35/; Ghana Lotto Operators Ass’n v. Nat’l Lottery Auth., [2007–2008] SCGLR 1088 (S.C. Ghana); H. Kwasi Prempeh, The Constitutional Protection of Rights in Ghana’s Fourth Republic, 16 Afr. J. Int’l & Comp. L. 249 (2008); Kofi Quashigah, The 1992 Constitution of Ghana: A Contextual Analysis 120–25 (2013); Joseph R.A. Ayee, Public Administration and Public Policy in Ghana 85–87 (2001); H. Kwasi Prempeh, Judicial Enforcement of Administrative Justice in Ghana, 6 U. Pa. J. Const. L. 1 (2003).
32 Ghana Environmental Protection Agency Act (1994) (repealed), Cap. (490) (establishing the Ghanaian Environmental Protection Agency ("GEPA")), http://www.epa.gov.gh/ghanalex/acts/Acts/ENVIRONMENTAL%20PROTECTION%20AGENCY%20ACT%201994.pdf; Supra note 8.
33 Supra note 8, § 29.
34 Supra note 8, § § 3(c)(vi) and 29-37.
35 Ministry of Lands & Nat. Res., About Us, https://mlnr.gov.gh/the-ministry/; Minerals Commission Act, 1993 (Act 450) § 2 (Ghana), https://www.mincom.gov.gh/wp-content/uploads/2022/03/Minerals-Commission-Act-1993-Act-450-1.pdf.
36 Supra note 1, Articles 141 and 2(1).
37 Republic v. High Court (Commercial Div.), Accra; Ex parte Attorney-General (NML Capital Ltd.), [2013–2014] 1 SCGLR 128 (S.C.); Republic v. High Court, Accra; Ex parte Commission on Human Rights & Admin. Justice (Richard Anane Case), [2007–2008] SCGLR 213; H. Kwasi Prempeh, Judicial Enforcement of Administrative Justice in Ghana, 6 U. Pa. J. Const. L. 1 (2003).
38 Criminal Procedure Code, 1960 (Act 30) § 58 (Ghana) (providing that prosecutions on indictment shall be brought by the Attorney-General), https://www.mint.gov.gh/wp-content/uploads/2017/06/Criminal_Procedure_Code_1960-1.pdf; Supra note 8, § § 3(c)(vi); Supra note 16, Sections 1–6 (Ghana) (criminalising unauthorised importation, exportation and disposal of hazardous waste).
39 See, e.g., supra note 11, 12, 14 and 15; Public Health Act, 2012 (Act 851) Sections 54–56 (Ghana) (creating offences relating to public nuisance and noxious trades), https://moh.gov.gh/wp-content/uploads/2016/02/Public-Health-Act-851.pdf.
40 Supra note 1, Art. 88(3)–(4) (vesting prosecutorial authority in the Attorney-General); Criminal Procedure Code, 1960 (Act 30) Sections 54–58 (Ghana) (establishing Attorney-General control over criminal proceedings), https://www.mint.gov.gh/wp-content/uploads/2017/06/Criminal_Procedure_Code_1960-1.pdf; supra note 11, Section 218(1); see, e.g., Farmer Fined for Engaging in Illegal Mining, MyJoyOnline (Mar. 2026) (reporting conviction in Circuit Court under Minerals and Mining Act), https://www.myjoyonline.com/farmer-fined-for-engaging-in-illegal-mining/.
41 Justice Agyei Ampofo, Exploring the Disparity in Access to Justice Delivery Between the Rich and Poor in Ghana (Apr. 29, 2024), https://doi.org/10.13140/RG.2.2.10692.23689.
42 Addressing Environmental Justice Concerns in Developing Countries: Mining in Nigeria, Uganda and Ghana, 26 Geo. Int'l Envtl. L. Rev. 345, 376-377.
43 Ibid.
44 Ibid. at 377.
45 Supra note 1, Article 2(1).
46 See Ghana: Environmental activists take govt to court to stop proposed mining project, Bus. & Hum. Rts. Res. Ctr., https://www.business-humanrights.org/en/latest-news/ghana-environmental-activists-take-govt-to-court-to-stop-proposed-mining-project/; Kwasi Gyamfi Asiedu, Ghanaian Activists Sue Government to Save Forest From Mine, Thomson Reuters Foundation (July 8, 2020), https://news.trust.org/item/20200708184822fpzq1/#:~:text=ACCRA%2C%20July%208%20(Thomson%20Reuters,reserves%20to%20combat%20climate%20change .
47 Ibid.
48 Supra note 1, Art. 33 Section 1 (allowing persons to “without prejudice to any other action that is lawfully available [...] apply to the High Court for redress”); Samuel K. B. Asante, Over a Hundred Years of a National Legal System in Ghana: A Review and Critique, 31(1–2) J. Afr. L. 70 (1987) (noting that plaintiffs must demonstrate particularized “breach or special interest” to be heard).
49 See Courts Act, 1993 (Act 459) § 47 (Ghana), https://judicial.gov.gh/jsweb/acts/courtsact.pdf. (“(1)(h) A District Court shall, within the area of its jurisdiction, have civil jurisdiction to (h) hear and determine charges and dispose of any other matters affecting juveniles, that is persons under the age of eighteen.”).
50 High Court (Civil Procedure) Rules, 2004, C.I. 47, O. 5 (Ghana).
51 Ibid., r. 3(2).
52 Child Rights International v. Attorney-General (J1/16/2022) [2024] GHASC 6 (Sup. Ct. Ghana Feb. 28, 2024), https://ghalii.org/akn/gh-hr-accra/judgment/ghasc/2024/6/eng@2024-02-28.
53 Evidence Act, 1975 (N.R.C.D. 323) (Ghana), https://lawsghana.com/pre_1992_legislation/NRC%20Decree/EVIDENCE%20ACT,%201975%20(NRCD%20323)/202. (“'Preponderance of the probabilities' means that degree of certainty of belief in the mind of the tribunal of fact or the court by which it is convinced that the existence of a fact is more probable than its non-existence.”)
54 See ibid.
55 Limitation Act, 1972 (N.R.C.D. 54) (Ghana).
56 Ibid., Part One § 3 (emphasis added).
57 Ibid., Part One § 4 (emphasis added).
58 Ibid., Part One § 6 (1) (“Sections 2 to 5 do not apply to a claim for specific performance of a contract or for an injunction or any other equitable relief. (2) Subsection (1) does not prevent a Court from applying by analogy a provision of sections 2 to 5 in proceedings where in the opinion of the Court the interests of justice so require.”) (Emphasis added).
59 See Richard Attu, The National Legal Aid Scheme in Ghana: A Problem in Search of a Solution (July 19, 2019), http://dx.doi.org/10.2139/ssrn.3422809.
60 See supra note 61, Section 114i); UNICEF, Judicial Serv. of Ghana & UNICEF Ghana, Children Before the Courts in Ghana: A Move Towards Child-Friendly Justice 29 (2018), https://www.unicef.org/ghana/sites/unicef.org.ghana/files/2019-06/Children%20Before%20the%20Courts.pdf.
61 Human Rights Advocacy Ctr., Paper Submitted in Contribution to the Visit of the U.N. Special Rapporteur on Extreme Poverty and Human Rights to Ghana 5 (2018), https://www.ohchr.org/Documents/Issues/EPoverty/Ghana/HumanRightsAdvocacyCentre_PovertyAndHumanRights.pdf.
62 See Latham & Watkins LLP, Pro Bono Practices and Opportunities in Ghana (Pro Bono Inst. Nov. 2019), https://www.lw.com/admin/upload/SiteAttachments/pro-bono-in-ghana.pdf.
63 HelpLaw Ghana, https://www.help-law.org [last visited March 2025]; International Federation of Women Lawyers (FIDA-Ghana), https://www.fida.org.gh; Legal Resources Centre (LRC Ghana), https://lrcghana.org; Women in Law and Development in Africa (WiLDAF-Ghana), https://wildaf-ao.org; Centre for Public Interest Law (CEPIL), https://cepil.org.gh; DCI Ghana, https://defenceforchildren.org/dci-ghana/.
64 Justice Agyei Ampofo, supra note 41.
65 Ministry of Env't, Sci. & Tech., National Environmental Policy (2012), https://www.policyvault.africa/policy/national-environmental-policy/.
66 Supra note 8.
67 Supra note 8.
68 Supra note 8; see also AudreyGrey, Overview of the Environmental Protection Act, 2025 (July 2025), https://theworkspacetest.com/audreygrey/wp-content/uploads/2025/07/overview-of-the-Environmental-protection-act.pdf.
69 Supra note 8.
70 Supra note 1, Article 21(1)(d).
71 Ibid., Article 37(2)(b).
72 Ibid.
73 Children's Act, 1998 (Act 560) §§ 8–11 (Ghana), https://www.refworld.org/legal/legislation/natlegbod/1998/20922.
74 African Charter on the Rights and Welfare of the Child, July 11, 1990, OAU Doc. CAB/LEG/24.9/49 (1990); UNICEF Ghana, Convention on the Rights of the Child, UNICEF, https://www.unicef.org/ghana/convention-rights-child last visited June 11, 2026) (noting that Ghana was the first country to ratify the Convention on the Rights of the Child in 1990).
75 Magnus Killander & Horace Adjolohoun, International Law and Domestic Human Rights Litigation in Africa: An Introduction, in International Law and Domestic Human Rights Litigation in Africa 11 (Magnus Killander ed., Pretoria Univ. L. Press 2010).
76 Ibid.
77 Supra note 1, Article 33(5).
78 Marylyn M. Afenyo, Knowledge of Child Rights in Ghana: Implementation of Article 42 of the United Nations Convention on the Rights of the Child 69 (2019) (M.A. thesis, Univ. of Ghana, Legon), https://ugspace.ug.edu.gh/items/741ea4dc-ac0d-4a94-9b6f-8303ff7b496f.
79 Ibid.
80 Supra note 89.
81 Ibid., Art. 7.
82 Ibid., Art. 8.
83 Christof Heyns & Magnus Killander, Compendium of Key Human Rights Documents of the African Union 170–71 (3d ed. 2007).
84 Supra note 1, Article 21(4).
85 Ibid.
86 Supra note 1, Article 31.
87 Public Order Act, 1994 (Act 491) (Ghana), https://policehumanrightsresources.org/content/uploads/2016/07/Public-Order-Act-1994.pdf?x72802. In New Patriotic Party v Inspector General of Police, Writ No. 4/93, the Supreme Court of Ghana declared a previous version of this law, which required a permit prior to assembly, null and void.
88 Ibid., Section 1(1).
89 Ibid., Section 10.
90 Ibid., Section 1(2).
91 Ibid., Sections 1(4), 2.
92 Ibid., Section 1(6).
93 Ibid., Section 9.
94 Supra note 1, Article 21(1)(a).
95 Supra note 1, Article 37(2)(b).
96 Supra note 1, Article 37(2)(b).
97 Supra note 88, Section 11.
98 Ibid.
99 Supra note 1, Article 21(4).
100 Supra note 1, Article 21(4).
101 Supra note 1, Article 31.
102 Supra note 88, Section 11.
103 Ibid.
104 Criminal Offences Act, 1960 (Act 29) §§ 26, 183(11) (Ghana), https://www.wipo.int/edocs/lexdocs/laws/en/gh/gh010en.pdf.
105 Ibid., Section §§ 183(12)(b),183(11)(e) Section.
106 Supra note 1, Article 21(1)(e).
107 Supra note 1, Article 37(2)(b).
108 Ibid.
109 Ibid., Article 21(4).
110 Ibid.
111 Ibid., Article 31.
112 Ibid., Article 21(f).
113 Sagoe-Moses v. Minister for Transport, [2007–2008] SCGLR 990 (High Ct. Accra), at 6, https://globalfreedomofexpression.columbia.edu/wp-content/uploads/2017/08/BUS-BRANDING-JUDGMENT-13TH-APRIL-2016.pdf.
114 Supra note 1, Article 37(2)(b).
115 Ibid.
116 Right to Information Act, 2019 (Act 989) (Ghana), https://ohcs.gov.gh/wp-content/uploads/2024/06/Right-to-Information-Act-2019-Act-989-2.pdf.
117 Ibid., Section 18(1).
118 Justice Agyei Ampofo, supra note 41.
119 Supra note 1, Article 21(f).
120 Supra note 131.
121 Ibid.
122 P.D. Wedam, Right to Information Act effective today: What does it mean?, GhanaWeb (Jan. 2, 2020), https://www.ghanaweb.com/GhanaHomePage/features/Right-to-Information-Act-effective-today-What-does-it-mean-828175.
123 Christian K. Asante, Edward Yalley & Gideon Amissah, Climate Change Education, Globalisation and the Nation State: A Commentary on Ghana's Science Curriculum, 40 Austl. J. Env't Educ. 55 (2024),https://www.cambridge.org/core/journals/australian-journal-of-environmental-education/article/climate-change-education-globalisation-and-the-nation-state-a-commentary-on-ghanas-science-curriculum/8BEFEC3B409948A3CEC1B66422F3D309?utm_campaign=shareaholic&utm_medium=copy_link&utm_source=bookmark.
124 Nat’l Council for Curriculum & Assessment (NaCCA), Curriculum Resources, https://curriculumresources.edu.gh/ (last visited Apr. 7, 2026).
125 Nat’l Council for Curriculum & Assessment (NaCCA), Science Curriculum for Basic 7–9 (JHS 1–3) (2021), https://nacca.gov.gh/wp-content/uploads/2022/10/Science-Curriculum.pdf.
126 Nyarkoh Patrick Dede & László Berényi, Environmental and Sustainability Education in Ghana: Achievements and Challenges, 12 Gradus 1 (2025), https://gradus.kefo.hu/archive/2025-1/2025_1_ART_001_Dede.pdf.
127 Ibid.