The nuances and ramifications of the right to health are sufficiently large and varied, just as a... more The nuances and ramifications of the right to health are sufficiently large and varied, just as are its rendition in constitutional and statutory provisions. It is sometimes difficult, at the legal level, to ascertain whether a legal right is intended by a provision or is a mere use of ‘rights language’. This ambiguity is visible in a number of provisions in Ghana’s 1992 Constitution and legislation. However, there are few scholarly studies on the right to health in Ghana. This article seeks to explore the nuances of the concept of the ‘right to health’ in international human rights law to ascertain whether Ghana’s 1992 Constitution and legislation provide for the ‘right to health’. This paper further discusses some policy issues on health.
The Ghanaian discourse on customary law assumes that there are uncontested rules of custom that a... more The Ghanaian discourse on customary law assumes that there are uncontested rules of custom that are applicable to all its communities. And that these rules can be ascertained by applying the relevant rules stipulated by law. The view is that these rules are based on either immemorable customs or current social practices of Ghanaian communities. A number of rules are beginning to crystallise in the courts of law as general principles of customary law applicable to all communities. However, the basis of legitimacy of these rules has come under attack by litigating parties. This paper challenges not only the legal rules for ascertaining customary law but also questions the jurisprudential grounding for such an ascertainment. The paper explores the social interests groups who are considered competent in authoring the customary law and the ambiguous notion of community from which such rules issue. The customary land law of the Dagara ethnic group of Northern Ghana is used to illustrate t...
The Ghanaian discourse on customary law assumes that there are uncontested rules of custom that a... more The Ghanaian discourse on customary law assumes that there are uncontested rules of custom that are applicable to all its communities. And that these rules can be ascertained by applying the relevant rules stipulated by law. The view is that these rules are based on either ...
The nuances and ramifications of the right to health are sufficiently large and varied, just as a... more The nuances and ramifications of the right to health are sufficiently large and varied, just as are its rendition in constitutional and statutory provisions. It is sometimes difficult, at the legal level, to ascertain whether a legal right is intended by a provision or is a mere use of ‘rights language’. This ambiguity is visible in a number of provisions in Ghana’s 1992 Constitution and legislation. However, there are few scholarly studies on the right to health in Ghana. This article seeks to explore the nuances of the concept of the ‘right to health’ in international human rights law to ascertain whether Ghana’s 1992 Constitution and legislation provide for the ‘right to health’. This paper further discusses some policy issues on health.
The Ghanaian discourse on customary law assumes that there are uncontested rules of custom that a... more The Ghanaian discourse on customary law assumes that there are uncontested rules of custom that are applicable to all its communities. And that these rules can be ascertained by applying the relevant rules stipulated by law. The view is that these rules are based on either immemorable customs or current social practices of Ghanaian communities. A number of rules are beginning to crystallise in the courts of law as general principles of customary law applicable to all communities. However, the basis of legitimacy of these rules has come under attack by litigating parties. This paper challenges not only the legal rules for ascertaining customary law but also questions the jurisprudential grounding for such an ascertainment. The paper explores the social interests groups who are considered competent in authoring the customary law and the ambiguous notion of community from which such rules issue. The customary land law of the Dagara ethnic group of Northern Ghana is used to illustrate t...
The Ghanaian discourse on customary law assumes that there are uncontested rules of custom that a... more The Ghanaian discourse on customary law assumes that there are uncontested rules of custom that are applicable to all its communities. And that these rules can be ascertained by applying the relevant rules stipulated by law. The view is that these rules are based on either ...
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Papers by Benjamin Kunbuor