ABSTRACT

During the constitution-making process, a state may emerge with either a strong constitution or a weak one with regard to the protection of human rights. Where the latter is the case, citizens of that state will very much depend on the courts for appropriate remedies in the face of human rights violations. Perhaps this requires strong courts with a weak constitution to change a periled human rights fate of the people. But where both the constitution and the courts are weak, the view is that the peoples’ constitution-making objective is defeated and the struggle for good constitutional governance must continue. This chapter assesses the protection of the right to food and gender equality in Ghana. Our modest claim is that whereas the Constitution of Ghana is less explicit about the protection of the right to food, the right to gender equality is expressly set out. Nonetheless, the courts of Ghana over the years have shown a positive temperament towards this mixed textual position by protecting both the right to food and gender equality. However, such a judicial reception has not been not fully embraced and benefitted by the people in the area of study. Findings of the research show acts that are contrary to the basic elements of the right to food and gender equality.