Ghana

Last updated on: 6 February 2014

Criminalisation of HIV transmission/exposure

Ghana
Whether Specific law enacted: 
-
Number of people prosecuted: 
1
Number of people convicted: 
-
Applicable law: 

No HIV specific law.

Though no HIV specific legislation/statute exists, it is not known whether other laws might be possibly used.

Key Cases: 

4 November 2012: Ghana man arrested for ‘spreading HIV’ during live radio interview. Police have arrested a 37 year old HIV positive man at Asylum Down in Accra for intentionally infecting several women with the virus. Cops from the Domestic Violence and Victim Support Unit of the Ghana Police Service picked up Daniel Kwame Adu during a live radio interview at Happy FM during which he confessed to the allegation in the presence of one of his victims who is only 16 years old.

Discussion: 

From the information received, it appears that Ghana decided that an ‘HIV statute' is not necessary, according to Richard Pearshouse of the Canadian HIV/AIDS Legal Network speaking in Mexico at AIDS2008. This was despite initial earlier thoughts from some civil society organizations that the ‘model law' might be a useful tool.

Survey respondents/Organisations working on HIV and the Law: 

No information available.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

There are no specific entry or residence regulations for people with HIV/AIDS. Neither a medical certificate nor an HIV test result is required when entering the country. Foreigners with a known HIV infection are not subject to specific residence regulations. There are no regulations regarding the control, deportation or expulsion of those concerned.

Travellers are required to carry evidence of a yellow fever vaccination.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Not Legal

Punishments for male to male relationships: Imprisonment of 10 years or more

Female to Female Relationships: Legal

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org

Protective laws and policies for people living with HIV: 

Yes