Promotion of Proper Human Sexual Rights and Ghanaian Family Values Bill, 2021

Overview of the Bill

The Bill seeks to provide for proper human sexual rights and Ghanaian family values; proscribe LGBTQ+ and related activities; proscribe propaganda of, advocacy for, or promotion of LGBTTQQIAAP+ and related activities; provide for the protection of, and support for, children, persons who are victims or accused of LGBTTQQIAAP+ and related activities and other persons; and related matters.

SECTION 1-APPLICATION

It details the various persons or individuals to whom the Bill applies. Especially a person who holds out as a lesbian, a gay, a bisexual, a transgender, a transsexual, a queer, an ally, a pansexual etc.

SECTION 2-INTERPRETATION

The various terms used in section 1 are interpreted here. Example “ally” means a non-queer person who (a) supports or advocates for the queer community, or

(b)is an individual within the LGBTTQQIAAP+ community and identifies with another member of the community.

SECTION 3-DUTY TO PROMOTE PROPER HUMAN SEXUAL RIGHTS AND GHANAIAN FAMILY VALUES

Here a duty is placed on various persons in authority and Institutions of the state to promote and protect the proper human sexual rights and Ghanaian family values that are specified in section 2 supra.

Examples of such authorities are; a parent, a guardian, a teacher, a church, a mosque, the Executive, the Legislature, the Judiciary etc.

SECTION 4-PROHIBITION AGAINST UNDERMINING PROPER HUMAN SEXUAL RIGHTS AND GHANAIAN FAMILY VALUES

It provides various prohibitions against persons undermining the proper human sexual rights and Ghanaian family values specified in section 2 of this Act directly or indirectly, instigate, command, counsel, procure, solicit etc and suggests a fine of not less than one thousand penalty units and not more than two thousand penalty units or a term of imprisonment not less than two months and not more than four months to any person contravenes paragraphs (a) or (b) of subsection (1).

SECTION 5-DUTY TO REPORT

This section places duty on a person in whose presence an offence is committed under this Act, a leader or authority to whom a report is made report the matter to the police and assist in the investigation and prosecution of the same.

SECTION 6-PROHIBITION OF LGBTTQQIAAP+ AND RELATED ACTIVITIES

An expansion is made here relative to the specific acts that constitute offences under this Bill such as; sexual intercourse between or among persons of the same sex; sexual intercourse between a man and an animal or a woman and an animal; or pansexual activity; marries or purports to marry a person who is of the same sex as that person; knowingly marries or purports to marry a person who has undergone gender or sex reassignment, except in the case of a person who has undergone a surgical procedure to correct a biological anomaly, including intersex; marries or purports to marry an animal; holds out as

 (i) a lesbian,

• a gay,
  • a transgender,
  • a transsexual,
  • a queer,
  • a pansexual,
  • an ally,
  • a non-binary, or
  • any other sexual or gender identity that is contrary to the binary categories of male and female;

(f) provides or participates in the provision of

(i) a surgical procedure for sex or gender reassignment; or

 (ii)any other procedure that is intended to create a sexual category other than the sexual category of a person assigned at birth except in the case of correcting a biological anomaly including intersex; or

(g) undergoes

(i) a surgical procedure for sex or gender reassignment; or (ii)any other procedure that is intended to create a sexual category other than the sexual category of the person assigned at birth except in the case of correcting a biological abnormality including intersex

• A person who commits an offence under paragraphs (a), (b), (c), (d), (e), (f), or (g) of subsection (1) commits a second-degree felony and is liable on summary conviction to a fine of not less than seven hundred and fifty penalty units and not more than five thousand penalty units or a term of imprisonment of not less than three years and not more than five years or both.

SECTION 7-PROCURATION

A person who

• by threat or intimidation procures another person to engage in a sexual activity prohibited under this Act; or

by false pretense or false representation procures another person to engage in a sexual activity prohibited under this Act commits a misdemeanour and is liable, on summary conviction, to a fine of not less than twenty-five penalty units and not more than five hundred penalty units or a term of imprisonment of not less than three months and not more than three years or both

SECTION 8-DETENTION WITH INTENT TO COMMIT PROHIBITED SEXUAL ACTIVITY

A person who detains another person with the intent to cause that person to engage in a sexual activity prohibited under this Act commits an offence and is liable, on summary conviction, to a term of imprisonment of not less than one year and not more than five years or both.

Read the full Bill below;

SOURCE DENNISLAW NEWS