AN ANALYSIS OF POLYGYNY IN GHANA: THE PERPETUATION OF GENDER BASED INEQUALITY IN AFRICA.

This article focuses on the problem of polygyny as it has been, and should be addressed in the North African country of Ghana. Ghana has three separate laws that govern the rights of marriage. These are the Marriage Ordinance, the Marriage of Mohammedans Ordinance and the customary law. In 1985, the Ghanaian government passed the Customary Marriage and Divorce (Registration) Law and the Interstate Succession Law of 1985. The two laws were complimentary and were designed to create a more unified system of registration and interstate succession. In 1992, Ghana reaffirmed its dedication to equality and gender progress by adopting a constitution that clearly guarantees equal rights for women. From a constitutional standpoint, polygyny discriminates against women solely on the basis of their gender. As will be established in this note, polygyny denies women, inter alia, equal rights to choose a partner, equal access to education, and equal rights to choose a profession, solely on the basis of their gender. As a result, polygyny violates several provisions of the Ghanaian Constitution and should be prohibited.