Divorce in Ghana : an examination of woman's 'Property Rights'

Abstract

Ghana has ratified international instruments that promote respect for and enjoyment of rights of all persons including women. This includes the right of men and women of full age to marry and found a family and its subsequent entitlement to equal rights as to marriage, during marriage and at its dissolution.1 Article 23 of the International Covenant on Civil and Political Rights (ICCPR)2 goes further as to place a responsibility on states to take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. Article 16(c) and (h) of the Convention of the Elimination of All Forms of Discrimination Against Women (CEDAW)3 also reiterates this and sets out in clear terms that states must ensure the same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration. At the regional level, Article 7(d) of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the Women’s Protocol)4 also provides that in case of separation or divorce, women and men shall have the right to an equitable sharing of the joint property deriving from the marriage. Relating the above provisions to women, it is evident that in addition to the right to marry, women have a right to own property during marriage, and a right to access and ownership of such property on separation or divorce and state parties are bound to ensure the protection of this right.