Home Business Peprah Berko: Rastafarianism vrs Human legal rights

Peprah Berko: Rastafarianism vrs Human legal rights



I have followed with delight the ongoing debate about two young people who were denied admission to Achimota University simply because they declined to slash their Rasta hair. In my candid feeling, why need to such an problem convert into a national discussion?

To the ideal of my expertise, Achimota Faculty is a largely operate as a community college funded with the tax payers’ money. As a public faculty, it is certain by the regulations of Ghana and except if tested in any other case, no law spells out the kind or form of hair a prospective pupil must have before s/he is granted admission.

Moreover, Achimota School is one particular institution that, devoid of a question, embraces other cultures and has created quite high-quality personalities of intercontinental reputation. Why is it complicated for these types of an establishment to confess two youngsters just due to the fact they have Rasta on their heads?

My investigation disclosed that Rastafarianism is a faith regarded by a number of jurisdictions. The Kenyan judiciary acknowledged Rastafarianism as a religion in the circumstance of Seventh Day Adventist Church v Ministry for Education [2017] eKLR when it held as follows: “freedom of faith contains both the appropriate to have spiritual perception and the suitable to convey this kind of belief in exercise.”

Also, the United States of American recognizes Rastafarianism as was held in the situation of Reed v Faulkner 842 F 2d 960 (7th Cir 1988), when the US Circuit Courtroom held that Rastafarianism was a kind of religion.

The court even more noticed that Rastafarianism is a spiritual sect that originated amid black people in Jamaica, although it has adherents among the black American, and that its tenets are derived by interpretation of passages in the Bible and, for that reason, Rastafarian religion was a bona fide faith for needs of the Initially Modification.

In Ghana, our principal laws, the 1992 Constitution, prohibits discrimination on the grounds of religion. In other words and phrases, when Rastafarianism is a faith, the rules of Ghana embraces it, delivered the faith is not contrary to any current legislation(s) of Ghana. 

Short article 17(2) of the Constitution of Ghana, 1992 states as follows: “A person shall not be discriminated towards on grounds of gender, race, colour, ethnic origin, faith, creed or social or economic position.”

Clause 3 of the same write-up states as follows: “for the purpose of this posting, “discriminate” means to give distinct therapy to distinctive individuals attributable only or generally to their respective descriptions by race, position of origin, political opinions, colour, gender, occupation, faith or creed…

Without the need of prejudice to the case in courtroom, I am specific the head of Achimota School is not oblivious of the Constitutional provisions cited earlier mentioned. My fear is, why would the head of this sort of a fantastic establishment deny admission to two youngsters based mostly on their hair?

I was energized to hear that the two adolescents through their mothers and fathers, have proceeded to court docket to assert their rights.

The teens need to be applauded for remaining brave and getting techniques to enrich the jurisprudence of our place. I patiently await the courtroom to state its belief in the make a difference just before it. Right up until then, I applaud the teenager’s parent for not allowing the situation die a untimely loss of life. 

The author is a Personal Legal Practitioner and Law Tutor. Get in touch with: peprah.berko@yahoo.com


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