Legal scholar Oliver Barker-Vormawor has raised questions about the origins of Article 30 in Ghana's 1992 Constitution, which protects the rights of persons unable to give consent to medical treatment. In a post on X, formerly Twitter, Mr. Barker-Vormawor noted that the recent change in the Jehovah’s Witnesses’ position on blood transfusions prompted him to revisit the article. He argued that the provision is particularly focused on consent to medical care.
Article 30 states that a person who, by reason of sickness or any other cause, is unable to give consent shall not be deprived of medical treatment, education, or any other social or economic benefit by reason only of religious or other beliefs. Mr. Barker-Vormawor said the wording raises questions about why protection against being denied medical treatment because of religious beliefs was considered important enough to be entrenched in the Constitution.
Mr. Barker-Vormawor linked the question to the history of the Jehovah’s Witnesses in Ghana, recalling that on June 14, 1989, the PNDC announced a ban on Jehovah’s Witnesses and Mormons. The ban remained in place until the adoption of the 1992 Constitution, after which it was dissolved. However, Mr. Barker-Vormawor cautioned that the explanation could not be that simple because the language now contained in Article 30 predates the 1992 Constitution.
According to Mr. Barker-Vormawor, the provision first appeared as part of a freedom of conscience provision in Ghana’s 1969 Constitution. He further noted that the Commission of Experts responsible for preparing constitutional proposals in 1968 did not include the provision in its draft constitution. “It seems it was added by the Constituent Assembly,” he said.
Mr. Barker-Vormawor said he has been trying to locate the proceedings of the 1968 Constituent Assembly to establish why the provision was introduced. “Why? I don’t know concretely. But I have been trying to find proceedings of that 1968 Constituent Assembly for a long time now,” he stated. He stressed that his research remains ongoing.
The legal scholar noted that the wording appears distinctive to Ghana’s constitutional history. “One thing is certain, the language in the constitution has no prior equivalence in any constitution in the world or any international treaty. It is completely Ghanaian,” he said.
Mr. Barker-Vormawor's research aims to shed light on the origins of Article 30 and its implications for the rights of sick persons in Ghana. He added that his paper is still developing, and he continues to investigate the matter.
Key points
- The origins of Article 30 in Ghana's Constitution are being questioned by legal scholar Oliver Barker-Vormawor.
- The provision protects the rights of persons unable to give consent to medical treatment.
- The language of Article 30 appears to be unique to Ghana's constitutional history.
