General News of Wednesday, 28 February 2024

Source: starrfm.com.gh

Child streetism: You’ve failed to properly invoke our jurisdiction – Supreme Court to Child Right Int.

Supreme Court of Ghana Supreme Court of Ghana

The Supreme Court has dismissed an action from Children’s advocacy group Child Rights International (CRI) suit against the government over Child Streetism.

The panel of seven chaired by Chief Justice Gertrude Torkornoo in its judgement on Wednesday, February 28, said, the plaintiff failed to properly invoke the jurisdiction of the apex Court.

“The Plaintiff’s (Child Rights International) action is dismissed for failing to properly invoke the jurisdiction of this Court,” Justice Torkornoo said.

Another member of the panel, Justice Gabriel Pwamang said even though the Plaintiff had “genuine grievances, your lawyers must come properly.”

EIB Network Legal Affairs Correspondent Murtala Inusah, reports that the full judgement of the panel which also includes Justice Prof Henrietta Mensa-Bonsu, Justice Mariama Owusu, Justice Paul Baffoe-Bonnie, Justice Lovelace Avril Johnson and and Justice Emmanuel Yonny Kulendi, according to the Court is ready.

The Child Right International was seeking to enforce and give meaning to children’s right to education, and to deal with the threat posed by child streetism.

In its suit, they were seeking among other things “A declaration by the apex court that the government is in breach of articles 15(1), (2), 13(1), and 35(4) of the 1992 Constitution for its failure to ensure the protection of the same against moral hazards per the constitution.”

Additionally, it is seeking the court to declare the current condition of children living in the street inconsistent with the Constitution 1992 on a true and proper interpretation of (1) (c)and (d) clauses (2), (3), and (4) of Article 28 of the Constitution and clauses (1) and (2) of Article 15, clause (1) of Article 13 and clause (4) of Article 35.

Moreover, the applicant argues that by not taking steps to ensure that children receive special protection against exposure to physical and moral hazards and more, the Government of Ghana is in breach of articles 25(a), 28 (1) (a), (d), (2) (3) (4), 13(1) and 37 of the 1992 Constitution.

Also, they want an order of the court directed at the Government to define penalties for families which do not ensure the observance of rights of children in street situations and define penalties for economic exploitation of children for begging, etc.

Furthermore, an order was directed to the Government to improve the country’s healthcare by providing free primary health services to poor children on the streets and providing procedures to be followed for the same.