Street Children in Ghana: The Law and the Practice.

 

Street children though a global phenomenon is a visible and growing concern in Ghana, particularly in urban centers such as Accra, Kumasi, and Takoradi. According to a census conducted, by the Department of Social Welfare in 2011, there are some 150 million street children in the world of this number, nearly 61,492 persons under 18 years are working on the streets of the Greater Accra Region alone and a substantial proportion of 65% of this number live on the streets of Accra. The census further indicated that girls younger than 10 years represented 59% of the total number of persons living on the street.

These children, often abandoned or escaping from abusive homes, struggle to survive in harsh conditions, exposed to exploitation, hunger, and disease. Children living on the street often lag behind in child development and must be intentionally targeted by governments towards the attainment of the Sustainable Development Goals (SDG) commitment of leaving no one behind. 

While Ghana has enacted several laws to protect children's rights, the reality on the ground is vastly different. This essay examines the legal framework governing the rights of children and contrasts it with the practical challenges faced by street children in Ghana.

The Legal Framework

Ghana has a well-developed legal framework for child protection. The 1992 Constitution of Ghana, under Article 28, guarantees children's rights, including access to education and protection from neglect and abuse. Further reinforcing these rights, Ghana has ratified the United Nations Convention on the Rights of the Child (CRC) and has enacted laws to protect children's rights, including the Children's Act 1998 (Act 560).

The Children’s Act, provides a comprehensive legal basis for child welfare, emphasizing parental responsibility, the right to education, and protection from exploitative labour. The Act also establishes the Department of Social Welfare, which is responsible for providing services to vulnerable children, including street children.

The Juvenile Justice Act, 2003 (Act 653) ensures that children in conflict with the law receive fair treatment, focusing on rehabilitation rather than punishment. Similarly, the Human Trafficking Act, 2005 (Act 694) and the Domestic Violence Act, 2007 (Act 732) criminalize child trafficking and abuse, which are prevalent among street children. These laws, in theory, provide a solid framework to safeguard children's welfare and prevent them from living on the streets.

The Reality on the Ground

Despite these legal provisions, the number of street children in Ghana continues to rise. According to a study, over 61,000 children are living on the streets in the Greater Accra Region alone, with many more in other parts of the country. The reasons for this include poverty, family breakdown, rural-urban migration, and lack of access to education.

The Beggars and Destitutes Act of 1969 (NLCD 392), makes it illegal for anyone including children to beg, wander, or be in a place for the purpose of begging.  The consequences of breaching this law may be as serious as a term of imprisonment, a fine, or both.

The enforcement of child protection laws though very necessary remains weak due to limited resources, corruption, and institutional inefficiencies.

1. Lack of Law Enforcement

Many laws designed to protect children are not effectively enforced. Law enforcement agencies often lack the resources to rescue or rehabilitate street children. Instead, these children are frequently harassed by the police rather than offered protection. Reports of abuse by law enforcement officers further discourage children from seeking help from the authorities.

2. Exploitation and Abuse

Street children are highly vulnerable to exploitation. Many engage in hazardous labour, including selling goods in traffic, working in markets, or engaging in menial jobs for survival. Some fall victim to human traffickers and are forced into child labour or sexual exploitation. The existing laws criminalising child labour and trafficking have not been effectively implemented to protect these children from such dangers.

3. Inadequate Social Services

Although some shelters and rehabilitation centers exist, most are underfunded and overcrowded. Many street children avoid these facilities due to poor living conditions or fear of detention. The government’s efforts in social welfare programs are insufficient to address the scale of the problem, leaving many children without access to basic necessities such as food, clothing, and shelter. Non-governmental organisations (NGOs) and civil society organisations are playing a crucial role in providing services to street children, including food, shelter, education, and healthcare. However, more needs to be done to address the root causes of child homelessness and to ensure that street children receive the support and protection they need to thrive

4. Barriers to Education and Healthcare

Education, a fundamental right enshrined in the Ghanaian constitution, remains inaccessible to most street children. Many of them are forced to work to survive, making school attendance impossible. Additionally, street children have little or no access to healthcare, leading to high rates of malnutrition, untreated illnesses, and exposure to drug abuse.

Bridging the Gap between Law and Practice

To address the gap between Ghana’s child protection laws and the realities faced by street children, a multi-faceted approach is needed:

1.    Strengthening Law Enforcement: The government must commit to stricter enforcement of child protection laws and hold accountable those who exploit or abuse street children. Law enforcement agencies should focus on rehabilitation rather than criminalizing children.

2.      Improving Social Welfare Services: Increased funding for shelters, rehabilitation centers, and skills training programs can help reintegrate street children into society.

3.      Enhancing Education Accessibility: Flexible and free education programs tailored to the needs of street children can help them escape the cycle of poverty.

4.     Public Awareness and Community Engagement: Public education campaigns can help reduce stigma against street children and encourage families and communities to play a role in their protection and rehabilitation.

5.      Inadequate Resources: One of the major challenges is the lack of adequate resources and funding to support programs and services for street children.

6.      Poor Coordination: Another challenge is the need for more effective coordination and collaboration between government agencies, NGOs, and civil society organisations.

Conclusion

Ghana’s legal framework provides strong protection for children, but the reality for street children remains bleak. Weak law enforcement, exploitation, and lack of social services continue to hinder progress. Bridging the gap between law and practice requires political will, adequate funding, and a collaborative effort between the government, NGOs, and society to leverage their unique strengths to forge a multilevel and multifunctional partnership to achieve their common goals. Until then, the plight of street children in Ghana will remain a pressing social issue.