The acting Chief Justice, Mr Justice E.K Wiredu, has recommended the re-structuring of the legal system such that children and young offenders are not handled as adult criminals.
He said in spite of the existence of laws and mechanisms for child's rights protection, child neglect and abuse is common in the country and called on the law enforcement agencies, the courts and tribunals to acquaint themselves with measures that will enhance the well-being of the child. Mr Justice Wiredu was opening a two-day conference on: "Child Welfare and Protection for Law Enforcement and Allied Agencies," in Accra yesterday.
The conference which was under the theme: "Child Care and Protection," was organised by the United Nations Chidren Fund (UNICEF). Mr Justice Wiredu said the measures, when strengthened, could help eliminate child abuse, or reduce it to the barest minimum for the right development of the child as well as the society.
"As law enforcement agents, our attitude to young persons who get brushed up in law should be one of helping them to be reformed rather than inflicting punishments on them unduly," he said. He said the law enforcement agencies should be more concerned with imposing punishments on them unduly," he said. He said the law enforcement agencies should be more concerned with imposing punishments on persons found guilty of child abuse, rape, and unnecessary assault on children, adding that this concept of child care and rights, meaningful.
Mr Justice Wiredu called on the Department of Social Welfare and Community Development to investigate all cases of child abuse and neglect, and where the findings are positive, arrange to remove the child from the situation and bring the parents before a family tribunal. He further called on state institutions to provide structures and amenities such as schools, hospitals, courts and recreational facilities to enhance the upbringing of the child.
Mr Justice Wiredu urged non-governmental organisations, the media, religious bodies and interested groups which are involved in children's rights to the doorstep of everybody. The Attorney-General, Nana Akufo-Addo, anounced that the Criminal Code of 1998 Act, 554, which amended provisions on sexual and other criminal offences against the child, will be passed when Parliament resumes sitting next month. He called for the active support of all agencies in ensuring the welfare and the protection of the child. Nana Akufo-Addo expressed concern about the high rate at which prosecutors are leaving the profession for other places and called for a lasting solution to the problem.
"We need to ensure that fundamental human rights are extended to all human beings without due consideration to colour, ethnic background and socio-economic status," he stressed. The Minister for Women's Affairs Mrs Gladys Asmah said the cultural perception that a new born child isnot really a human being until the eighth day when she or he is given a name, demeans the child who is also seen as a person without rights or views. She expressed concern about the situation where many children get accused for being the cause of their own woes when they fall victim to abuses such as rape and defilement.
Mrs Asmah condemned the tendency where some law enforcement agencies condone such offences, and have them covered up and settled at home. She said the desire to build a just and progressive society cannot be achieved when there is discrimination in the application and enforcement of the law.