BY Daniel Bampoe
A set of proposed constitutional amendments emerging from Ghana’s Constitutional Review Committee (CRC) has sparked public debate, with critics questioning whether the recommendations amount to the promotion of LGBTQIA issues, while proponents insist the proposals are narrowly framed around child protection and human dignity.
At the centre of the controversy are suggested amendments to Articles 28, 15 and 30 of the 1992 Constitution, which the CRC describes as “mandatory consequential legislative duties” for Parliament should constitutional reforms proceed.
The proposals focus largely on safeguarding children—particularly intersex children—from what the committee characterises as irreversible and non-consensual medical or surgical interventions.
Under the proposed changes, Article 28, which currently guarantees the rights of the child, would be expanded to explicitly recognise the right of every child to bodily integrity.
This would include freedom from irreversible, non-consensual medical or surgical procedures that are not strictly necessary to preserve life or prevent serious and immediate harm.
The CRC further recommends that, in all circumstances, the best interests of the child should override social, cosmetic, cultural or expediency-based justifications for invasive medical procedures.
The report gives special attention to intersex children, noting what it describes as their “distinctive vulnerability” to medically unnecessary so-called “normalising” interventions carried out before the child is old enough to give informed consent.
According to the CRC, such procedures raise long-term human rights and health concerns and require clearer constitutional safeguards.
In addition, the committee proposes that Article 15, which deals with respect for human dignity, be harmonised with the amended Article 28.
The intent, as outlined in the report, is to make it explicit that non-consensual, non-therapeutic medical alteration of a child’s body would constitute a prima facie violation of human dignity.
Article 30 is also earmarked for amendment to reinforce protections for vulnerable children, including intersex children, within the broader framework of constitutional rights.
These recommendations, however, have triggered sharp reactions in sections of the public discourse. Some critics argue that the language used—particularly references to intersex persons and bodily autonomy—amounts to a subtle attempt to introduce or legitimise LGBTQIA concepts through constitutional reform.
Questions have been raised about whether such provisions align with Ghana’s prevailing cultural, moral and legal positions on sexuality and gender.
Supporters of the CRC’s work reject that interpretation, insisting that the proposals do not seek to redefine sexual orientation or gender identity.
They argue that the focus is strictly on preventing irreversible medical harm to children who cannot consent, and on ensuring that constitutional protections reflect evolving international human rights standards on child welfare and medical ethics.
The debate comes against the background of the broader constitutional review process, which was initiated to assess the strengths and gaps in the 1992 Constitution more than three decades after its promulgation.
The CRC was tasked with gathering public views and making recommendations to Parliament on areas requiring reform to strengthen democracy, governance and rights protection.
