Micro country-level research on why Ghana continues to hold on to a colonial-era law that criminalises sex between consenting adults of the same sex is critical to understanding the unique phenomena of homophobia and violations of sexual minority rights in Ghana. Ghana has not decriminalised the offence of ‘unnatural carnal knowledge’, a law that targets homosexual sex, which it inherited from British colonial administrators in 1892, despite calls by international human rights bodies and Ghana’s own admission that such laws fuel violations of sexual minority rights. The fundamental barriers to the decriminalisation of consensual same-sex sexual acts between adults in private in Ghana are religion, culture, and politics. Through the lens of decolonisation, Sankofa, as well as purposive and transformative constitutionalism theories, the thesis argues that the current religious, cultural and governance architecture in Ghana are colonial legacies that subjugated indigenous religious, cultural, and governmental institutions and replaced them for more than a century with Victorian-era structures and institutions of the colonial administrators. In order to overcome this colonial-era law, structures, and barriers to decriminalisation, which many Ghanaians unknowingly or mischievously claim as their own, there is a need for the decolonisation of colonial-era thinking and structures. The 1992 Constitution of Ghana provides for a Bill of Rights, an independent judiciary, and the Supreme Court of Ghana, whose jurisprudence upholds the rights of individuals to non-discrimination, dignity, privacy, and association. Apart from religion, culture, and politics, a major obstacle to decriminalising sodomy law in Ghana is the legal culture and socio-political environment in Ghana. The judiciary is part of a society that abhors homosexuality and proclaims that because most Ghanaians oppose same-sex relationships, Ghana should not amend its Constitution to embrace sexual minority rights. The Supreme Court has declared laws that are inconsistent with constitutional rights to non-discrimination, association, dignity, and privacy as unconstitutional. Although the Constitution of Ghana does not prohibit discrimination based on sexual orientation, the Supreme Court can overcome the barriers of religion and culture by extending its jurisprudence on the right to non-discrimination, association, dignity, and privacy to include sexual minority rights. Through a broad, purposive, and transformative approach to interpreting the Bill of Rights, the Supreme Court can draw a line between Ghana’s colonial past and the present era of constitutionalism and constitutional rights by declaring sodomy law as unconstitutional. The Supreme Court may also overcome the negative limitations of the current Ghanaian legal culture and socio-political pressure by looking to pre-colonial Ghanaian cultures that embraced same-sex sexuality for guidance. Like the proverbial Sankofa bird, the Supreme Court may, besides looking back to pre-colonial Ghanaian cultures, also fly forward to adopt decisions of foreign domestic and international courts of this modern era to endorse constitutional morality over majority morality in a Ghanaian secular state. / Thesis (LLD)--University of Pretoria, 2021. / University of Pretoria, Postgraduate Merit Award (Academic Associate) / Centre for Human Rights / LLD / Unrestricted

There is no doubt that relevant and up-to-date elementary school curriculum is vital for the adequate education and socialization of youth, however, when a society is characterized by ideological pluralism and multiple visions of morality the debates over curriculum can be acrimonious and tempestuous. These debates are particularly heated when sex education is concerned since adults in Western society have a longstanding cultural discomfort with child and adolescent sexual knowledge and, more specifically, there is a strong belief that sexual knowledge compromises the “natural” innocence and ignorance of young people. This research focuses on a debate that occurred in Ontario in April and May of 2010 after the Government attempted to revise Health and Physical Education curriculum for grades 1-8, the subject that contains sex education. Following considerable backlash, the Ontario Premier shelved the proposed revisions a mere 54 hours after the curriculum was publicized. What led to this curriculum being received so poorly by the public and what were the contributing factors that led to this abrupt reconsideration? My research examines the debate that the new sex education curriculum produced and draws attention to the ways in which the deep seated anxieties of adults regarding adolescent and child sexual knowledge were able to overpower the voices of researchers and educational experts who were promoting the revisions. Some adults were concerned about the way that the curriculum presented a particularly liberal vision of sexual morality and argued that the new content would corrupt, mislead, and confuse youth. Though there were some individuals and groups who supported the revisions, arguing that they were relevant, necessary and overdue, their voices were not as organized or influential as the religious and social conservatives who dominated the debate. I argue that the proposed revisions to the Ontario sex education curriculum failed to gain public support because of the Government’s inability to adequately prepare for and mediate the Province’s competing liberal and conservative sexual ideologies. In my defense of the abandoned revisions, I explore how they failed to gain support not only because of the vociferous opposition of conservative religious groups who did not want to see a more liberal vision of sexual morality in the curriculum, but also due to a longstanding cultural discomfort with child and adolescent sexual knowledge and an unwillingness to fully affirm non-heterosexual identities and practices within the education system. / Thesis (Master, Sociology) -- Queen's University, 2011-06-07 14:50:24.526

This thesis examines how the Supreme Court of Canada, across legal contexts, has tended to conceptualize sexuality. It focuses primarily on areas of public law including sexual assault law, equality for sexual minorities, sexual harassment and obscenity and indecency laws. There were a number of trends revealed upon reviewing the jurisprudence in this area. First, the Court’s decisions across legal contexts reveal a tendency to conceptualize sexuality as innate, as a pre-social naturally occurring phenomenon and as an essential element of who we are as individuals. This is true whether one is speaking of the approach to gay and lesbian rights, the occurrence of sexual harassment, or the sexual abuse of children. However, there is an exception to this trend. The exception relates to the Court’s conceptual approach towards sexual violence against adults. The research revealed, likely as a result of feminist activism both in the legislative and judicial arenas, that there has been a shift in the way that the Court understands sexuality in the context of sexual violence. It is a shift away from understanding it as pre-social and naturally occurring towards understanding it as a product of society, as a function of social context. This change in the Court’s conceptual approach towards sexual violence has engendered a shift in the law’s moral focus as well – a shift away from a moral focus on specific sexual acts and sexual propriety and towards a moral focus on sexual actors and sexual integrity. The thesis weaves together the analytical observations about the jurisprudence just described with a theoretical argument that is both grounded in the case law and which draws upon a number of different theorists. The argument developed suggests that the Court, regardless of the legal issue involved, ought to conceptualize sexuality as socially constructed/ contextually contingent, that it ought to orient itself towards protecting sexual integrity, and that it ought to understand this sexual integrity as a common interest.