Ганадағы ЛГБТ+ құқықтары және тарихы

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Despite the constitution guaranteeing a right to freedom of speech, expression and assembly to Ghanaian citizens, these fundamental rights are actively denied to LGBT people. Pro LGBT activism exists in Ghana, but such efforts are often thwarted by the Ghanaian government.

In the 18th and 19th century Asante courts, male slaves served as concubines and were killed when their master died. The Nzema people had a tradition of adult men marrying each other, usually with a 10 year age difference. These marriage were called agyale, "friendship marriages". The couple would observe all the social equivalents of heterosexual marriage, a bride price was paid and a traditional wedding ceremony was held. Among the Nankani, female marriages were observed for the continuous perpetuation of the lineage. Rose Mary Amenga Etego states that these non sexual woman to woman marriages were "the last desperate religio cultural practice employed to reclaim and reinstate the male genealogical descent structure of the people". The Fante people would believe that those, of either sex, with "heavy souls" were attracted to women, whereas those with "light souls" were attracted to men. Homosexuality in Ghana was criminalised in 1892. During this time, Ghana was a British colony. The Offences Against the Person Act 1861, a British law which criminalised sodomy, was implemented in all British colonies.

Section 104(1)(b) of the Ghanaian Criminal Code of 1960, criminalises "unnatural carnal knowledge" (with consent and between adults), as a misdemeanour. Section 104(2) defines "unnatural carnal knowledge" as "sexual intercourse with a person in an unnatural manner or with an animal". Due to the definition contained in Section 99 of the code, which stipulates "penetration", an "unnatural manner" is taken to refer to sex acts between men–not between women–and oral and anal sex between people of different sexes. Misdemeanours carry a penalty of up to three years imprisonment under Article 296(4) of the Criminal Procedural Code. By the early 21st century, these 1960 provisions were rarely enforced. However, while the law may not lead to prosecutions before local courts, persecution of LGBT people is nevertheless widespread and common.

Section 99 of the Criminal Code of 1960 ("Evidence of Carnal Knowledge") says: " carnal knowledge or unnatural carnal knowledge shall be deemed complete upon proof of the least degree of penetration". In consequence, Section 104 "covers only persons engaged in same sex male relationships and those in heterosexual relationships". Women are nevertheless arrested for same sex sexual acts or related activities.

The law also applies to acts of anal or oral sex engaged in by individuals of different sexes. The state, however, "does not concern itself with this" because it is their private life, prompting allegations of hypocrisy.

Ghana does not recognise same sex marriage or same sex civil unions. A single person may be able to adopt a child if that person is a citizen of Ghana, except that a single male may adopt only if the child to be adopted is his biological child. Same sex couples are not allowed to adopt children.

Section 12(2) of Chapter 5 of the Constitution of Ghana provides that, "Every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual contained in this Chapter but subject to respect for the rights and freedoms of others and for the public interest." Although there is no law against discrimination based on sexual orientation or gender identity, any person in Ghana who believes he/she has experienced discrimination on the basis of HIV status, gender identity or sexual orientation may report an incident through the Commission for Human Rights and Administrative Justice (CHRAJ) stigma and discrimination reporting portal. In 2013, the United States offered to help Ghana develop legislation to protect the rights of LGBT persons.

LGBT identifying Ghanaians face a lot of discriminations in Ghanaian society. At the Kotoka International Airport, a sign states, "Ghana does not welcome paedophiles and sexual deviants." While not explicitly referencing the LGBT community, Ghanaians associate sexual deviance with the LGBT community. According to a 19 August 2004 Afrol News report, Prince MacDonald‚ the leader of an organisation for gays, lesbians, bisexuals, and transsexuals in Ghana, commented that "there are lots and lots of people in our prison home who have been caught by this unfriendly law". He said that the "police beat and punish people who are found to be gays".

On 21 July 2011, Paul Evans Aidoo, the Western Region Minister, ordered all gay people in the west of the country to be rounded up and arrested and called on landlords and tenants to inform on people they suspected of being gay. Statements made by public leaders and officials have impact, and are often followed with violent acts towards the LGBT community. Pearl, a 30 year old lesbian woman from Ghana, shares that Ghanaians take action into their own hands when dealing with the LGBT community. Pearl shares that in September 2009, she was taken to a conference room in her village, amongst 50 other villagers. In this room, Pearl was repeatedly asked if she was lesbian, and when she stated that she was not, village members beat her. Similarly, Agnes, a 26 year old, shared that when her father discovered her sexuality, he chased her out of her house with a machete, and threatened to murder her if she returned. When asked if he had reported the event, Okang shared that it is difficult to seek protection in such situations, given Ghana's anti LGBT laws and the police attitudes. Erasing 76 Crimes, an LGBT website, labeled the arrest a "rare exception" as police seldom intervene to protect LGBT people from violence, discrimination, and abuse. Reports emerged in August 2018 of conversion therapy programmes run by religious leaders to "cure" LGBT people of their homosexuality. There is no reliable evidence that sexual orientation can be changed, and medical bodies warn that conversion therapy practices are ineffective and potentially harmful. Some LGBT groups, such as the Solace Initiative, provide LGBT citizens with human rights trained paralegals who can help defend them in court. The activists said that eight police officers, accompanied by three journalists, forced their way into the conference room, and physically assaulted some participants.

LGBT advocacy efforts are often opposed and made illegal by the government, but anti LGBT groups are embraced. In October 2019, the World Congress of Families, a US based anti LGBT group, held a conference in Accra, during which they encouraged Africans to adopt the practice of conversion therapy. An example of this is former President Atta Mills vowing to never legalize homosexuality when urged by the United Kingdom. It is formally known as the "Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill". Under this bill, public displays of same sex affection and crossdressing would be punished with jail, or to disseminate information perceived as supporting LGBTQ people or rights, Same sex marriage and adoption by same sex couples would also be banned. Ghana's parliament is scheduled to reopen in late October 2021, after which a vote may be held. In February 2023, the Attorney General and Minister of Justice approved the bill and stated that both the bill and an accompanying report would be formally sent to the House for debate "hopefully before the end of March." In March 2023, Ghana's President Nana Akufo Addo announced that "substantial elements" of the Anti LGBTQ+ bill being considered by parliament "have been modified" following an intervention by the government.

Same sex sexual activity legal (Penalty: up to 3 years in jail) Equal age of consent Anti discrimination laws in employment only Anti discrimination laws in the provision of goods and services Anti discrimination laws in all other areas (Incl. indirect discrimination, hate speech) Same sex marriages Recognition of same sex couples Stepchild adoption by same sex couples Joint adoption by same sex couples LGBT people allowed to serve openly in the military Right to change legal gender Access to IVF for lesbians Commercial surrogacy for gay male couples MSMs allowed to donate blood