Ghana’s Supreme Court dismisses challenges to anti-LGBT bill

Ghana’s Supreme Court has unanimously decided to dismiss two legal challenges to new anti-LGBT legislation that has been criticised by rights groups.

Earlier this year, lawmakers passed a bill imposing three years in prison for people identifying as LGBT and five years for forming or funding LGBT groups.

More: https://www.bbc.com/news/articles/crrw2r8epw8o

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The Supreme Court of Ghana on Wednesday dismissed constitutional challenges launched against a bill that criminalizes LGBTQ+ expression and advocacy.

In a televised ruling, Justice Avril Lovelace-Johnson spoke for a unanimous court and cited the constitutional separation of powers between the judiciary, president and legislature as the primary reason for dismissal. She provided that the bill has not yet formally become law, and thus the challenges made against it do “not properly invoke the exclusive jurisdiction of the court.” She stated: “It is premature for this court to exercise its interpretive and enforcement jurisdiction to intervene.” The court concluded by stating that written reasons for the decision will be provided by the end of Friday.

The bill was first introduced in 2021 as a response to the opening of an LGBTQ+ advocacy resource center in Ghana. It was unanimously passed by the Parliament of Ghana in February of this year at its third reading. In Ghana, a bill must pass three readings and receive presidential assent to become law. President of Ghana Nana Akufo-Addo stated in March that he would not assent to the bill until the court ruled on its constitutionality.

Senior Fellow at the Ghana Center for Democratic Development Abena Takyiwaa Manuh criticized the court’s outcome, stating: “I think that just this pronouncement, this kind of formalism, actually puts at risk, the lives and health of members of the (LGBTQ+) community and some of us who are human rights defenders.”

These comments build on the domestic and international criticism against the bill. The legislation criminalizes being LGBTQ+ and advocating for LGBTQ+ rights, with prison terms of up to three and 10 years, respectively. Domestically, human rights groups have called for an adjudication by the Supreme Court of Ghana for potential infringements of fundamental human rights and freedoms, including the right to privacy, the freedom of association, the freedom of speech, and the right to equality under the 1992 Constitution of the Republic of Ghana. Internationally, Human Rights Watch (HRW) has reported an increase in violence and human rights abuses against LGBTQ+ people in Ghana. HRW has urged President Akufo-Addo to reject assenting the bill.

With the legal challenges now dismissed, the bill awaits presidential assent to become law. It is unclear whether the outgoing president will give assent before his term ends. Ghana held parliamentary elections this month, with president-elect John Mahama to be sworn in early January 2025.

The post Ghana top court dismisses constitutional challenges to anti-LGBTQ+ bill appeared first on JURIST – News.

Interesting Article : When the Sun, the Moon and the Stars Align: Litigating LGBTQIA+ Rights and the Death Penalty in East Africa and the Caribbean Get access

Salvatore Caserta and Mikael Rask Madsen

European Journal of International Law, Volume 35, Issue 3, August 2024, Pages 727–750, https://doi.org/10.1093/ejil/chae040

Published: 23 August 2024

• This article analyses LGBTQIA+ rights and death penalty litigation in the Caribbean and East Africa before and after the establishment of new regional international courts. LGBTQIA+ rights and the death penalty are both difficult and contested issues where global movements and litigation strategies easily clash with local sentiments. For litigation to have an impact in such issue areas, the article finds that three elements must align. First, there is a need for new institutional opportunities such as new judicial venues or laws. Second, there is a need for coordinated legal strategies that can utilize the available legal venues. Third, there is a need for a societal momentum for the cause, or at least the absence of strong political contestation against the cause. In our study, the establishment of new regional courts provided institutional opportunities that could be seized by transnational litigation networks. And as international courts operate at a distance from local politics, they have created a more neutral international legal opportunity structure. In the two regions and across the two issue areas studied, these three elements were most clearly aligned regarding death penalty litigation in the Caribbean and the least aligned regarding LGBTQIA+ litigation in East Africa.

UK veterans fired over sexuality to get £70,000 in compensation

MoD launches £75m scheme to recognise ‘moral stain’ of armed forces’ historical ban on homosexuality

More: https://www.theguardian.com/world/2024/dec/11/uk-veterans-dismissed-sexuality-lgbt-compensation

LGBTI rights are human rights (10.12.2024 – Human Rights Day) – Statement by ILGA

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On Human Rights Day we reflect on struggles and milestones for the European and Central Asian LGBTI movement in 2024.

Human Rights Day reminds us of the universality of human rights: freedoms that belong to all people, no matter their identity. This principle is at the heart of the LGBTI movement, as LGBTI rights are human rights. In 2024, these rights were both challenged and celebrated, often reflecting broader societal shifts.

Across Europe and beyond, anti-LGBTI measures highlighted the fragility of hard-won freedoms. Georgia adopted both a “foreign agent” law and an “anti-LGBTI propaganda” law, echoing a troubling global trend of restricting civil society and stifling dissent. On December 2nd, the restrictive law came into force, banning legal gender recognition and equating same-sex relationships with incest, further institutionalising discrimination against LGBTI communities. The law also declared May 17 a holiday opposing the International Day against Homophobia, Transphobia, and Biphobia, amplifying the state’s anti-LGBTI stance. Bulgaria introduced laws targeting the discussion of LGBTI issues in schools, marking another attack on both education and freedom of expression. In Russia, the international LGBTI movement was branded as “extremist” in late 2023, but 2024 saw the first convictions under this extremist label, intensifying the risks for activists and organisations. Kyrgyzstan followed suit by enacting a Russian-style “foreign agents” law in April, subjecting non-profits to extensive state oversight and jeopardising the work of press freedom groups and civil society, including LGBTI organisations.

These developments show how attacks on LGBTI rights often signal deeper human rights violations. In Turkey, trans rights faced severe setbacks with new regulations restricting access to essential hormones, disproportionately affecting trans masculine people and those in poverty. Police repression of LGBTI demonstrations further highlighted the shrinking space for activism and public dissent. The suppression of freedom of speech, association, and democratic principles often accompanies discrimination against LGBTI communities. As such, defending LGBTI rights is part of defending the foundations of democracy and equality for all.

Progress, despite setbacks

Despite these setbacks, 2024 was also a year of hope and progress. Germany’s adoption of a self-determination law marked a major step forward for trans and non-binary people, simplifying legal gender recognition. Greece joined the growing list of European countries recognising equal marriage, while Malta’s introduction of non-binary markers on official documents underscored its commitment to inclusivity.

Beyond Europe, global human rights institutions also made strides for LGBTI people. The UN Human Rights Council adopted a resolution affirming the rights of intersex people, a relevant step in recognising and addressing the unique challenges they face. The European Court of Human Rights ruled that Poland must provide legal recognition for same-sex couples, and the Court of Justice of the European Union declared that Romania must respect gender recognition granted in other countries.

Ensuring no one is left behind

These moments of progress illustrate that advancing LGBTI rights benefits societies as a whole. Laws that affirm equality and dignity strengthen the social fabric, ensuring that no one is left behind. This year’s developments—both the setbacks and the victories—show that progress is possible, but it requires vigilance, solidarity, and collective action.

In February 2025, ILGA-Europe will publish its Annual Review, documenting these and other critical moments from the past year. Stay tuned!

Highest Swiss court rules on gender change in civil register case 

Nigeria: Escalation of mob violence emboldens impunity: At least 555 victims of mob violence recorded over the last decade

More:https://www.amnesty.org/en/latest/news/2024/10/nigeria-escalation-of-mob-violence-emboldens-impunity/

Slovenia: Restrictions on assisted reproduction for single and gay women declared unconstitutional

Ljubljana, 26 November – The Constitutional Court has ruled that legislation barring single women and women in same-sex relationships from accessing assisted reproduction procedures is unconstitutional. The National Assembly must amend the law accordingly within a year. Until then, the provisions remain in force.

More: https://english.sta.si/3367253/restrictions-on-assisted-reproduction-for-single-and-gay-women-declared-unconstitutional

The decision (in Slovenian) is accessible here: https://www.us-rs.si/odlocba-ustavnega-sodisca-st-u-i-418-20-u-i-847-21-z-dne-16-10-2024/.