- 10 Marks
BCL – L1 – Q110 – Human Rights
Question
Mustafa Mensah from the Wata District of Ghana sought health service at the Kumpu Religious Clinic. A clinic devoted only to group members and situated in the Gidigidi District. Mustafa Mensah was on an audit field trip in Gidigidi District when he was taken ill. His neighbours assisted him to the clinic, but he was denied access. The reason was that he was not a member of the religious group and so did not have the right to be attended to at the clinic. Mustafa Mensah was aggrieved that his fundamental rights had been violated.
Required:
(a) In reference to the 1992 constitution of Ghana, state TWO (2) fundamental human rights of Koo Mensah, which may have been violated?
(b) Justify which of the superior courts Mustafa Mensah may apply to seek redress.
Answer
(a). Mustafa Mensah’s right as a sick person was violated under article 30 of the Constitution of the Republic of Ghana, 1992. The article provides that a person who by reason of sickness or any other cause is unable to give consent shall not be deprived by any other person of medical treatment among others by reason only of religious or other beliefs.
His general beneficiary right as a citizen of Ghana within the territorial jurisdiction of Ghana was also Article violated under article 12 of the Constitution. Article 12(2) provides fundamental rights coverage to every person without distinction to his religious affiliation, among others.
(b). He must proceed to the High Court. Under article 33 of the Constitution, The High Court has the mandate to hear matters relating to violating fundamental human rights and freedoms in the first instant.
- Tags: Constitutional Law, Court Jurisdiction, Ghana Constitution, Human Rights, Redress
- Level: Level 1
- Topic: Human Rights
- Uploader: Samuel Duah