The International Bar Association's Human Rights Institute (IBAHRI) strongly condemns the passage of Ghana's Human Sexual Rights and Family Values Bill, 2025, warning that it would significantly expand the criminalisation of lesbian, gay, bisexual, transgender and queer (LGBTQ+) persons and those who support them. The Bill could have repercussions for lawyers, non-governmental organisations, healthcare providers, journalists, educators and other civil society actors.
The Bill , approved by the Ghanian Parliament on 29 May 2026, would, if enacted, impose prison sentences of up to three years on individuals who identify as LGBTQ+ and 'a term of imprisonment of not less than five years and not more than ten years' for people found guilty of the 'promotion of, propagation of, advocacy for, support or funding of LGBTTQAP+'. The legislation would also introduce a duty to report alleged violations to the police, which could encourage citizens to partake in surveillance and denounce one another, further entrenching fear, stigma and discrimination.
A sweeping expansion of criminal liability
The revised Clause 9 of the Bill targets what it describes as 'propaganda', extending criminal liability beyond private conduct to public advocacy, organisational activities, financial support and expressions of solidarity towards the LGBTQ+ community. Clause 2 of the Bill assigns responsibility to families, schools, teachers, religious bodies, traditional and state institutions and media organisations to promote and preserve Ghanaian cultural and family values. The Bill defines family values as including 'respect for the sanctity of marriage as a lifelong relationship between a man and a woman, each of whose gender is determined at birth'.
Taken together, these provisions raise serious concerns about the impact of the Bill on freedom of expression, peaceful assembly and association as well as the ability of civil society organisations to operate and provide support for LGBTQ+ people.
Concerns under international human rights law
The IBAHRI further notes that the Bill is incompatible with Ghana's obligations under international human rights law. Ghana is a State Party to the African Charter on Human and Peoples' Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR) and is therefore bound by the rights and protections contained in these instruments, in particular Article 2 and Article 5 of the ACHPR.
The IBAHRI is particularly concerned that the criminalisation of same-sex conduct and the Bill's broader restrictions on LGBTQ+ people and their supporters raise serious issues under the principles of equality and non-discrimination protected by the ACHPR and ICCPR.
Moreover, the duty to report prohibited acts violates the right to privacy under Article 17 of the ICCPR. Meanwhile, the criminalisation of advocacy, support and/or funding of LGBTQ+-related activities risks restricting freedom of expression and the rights to peaceful assembly and association, while creating a chilling effect on civil society and public discourse.
Impact on access to healthcare and support
Although the Bill contains exemptions for individuals acting within the scope of certain professional duties, such as doctors, the IBAHRI is concerned that the Bill's wider provisions may deepen stigma and deter LGBTQ+ people from seeking healthcare, legal assistance and other support services. Ghanaians who identify as LGBTQ+ already face significant harassment and discrimination . The IBAHRI warns that further criminalisation and restrictions could exacerbate marginalisation discrimination, harassment and intimidation, while also placing organisations and individuals who provide support at increased risk.
The IBAHRI calls for the Bill to be rejected
IBAHRI Co-Chair Mark Stephens CBE commented: 'The true test of a democracy is not how it treats the majority, but how it protects the rights of minorities. This Bill fails that test. It transforms private identity into public suspicion, turns compassion into a potential crime and invites a culture of denunciation that has no place in a democratic society governed by the rule of law. Ghana has binding obligations under regional and international human rights law. Legislation that criminalises identity, advocacy and solidarity is not an expression of constitutional values; it is an abandonment of them.'
He added: 'When a state starts treating identity as a crime, advocacy as propaganda and compassion as complicity, the issue is no longer morality - it is legality. This Bill strikes at the very foundations of equality before the law, human dignity and freedom of expression. It does not merely restrict rights; it seeks to criminalise the defence of rights itself.'
IBAHRI Co-Chair Hina Jilani said: 'We urge the Ghanaian authorities not to enact this Bill. Presidential assent should not be given to a Bill that risks violating fundamental rights and deepening fear, discrimination and exclusion. The safety, dignity and rights of LGBTQ+ people in Ghana must be protected. Human rights must apply equally across all groups in society, a principle that this Bill's very existence undermines.'
IBAHRI Director Baroness Helena Kennedy LT KC remarked: 'Human rights are universal. They do not depend on who a person is, whom they love or whether they belong to a majority or minority group. The passage of the Human Sexual Rights and Family Values Bill in Ghana is an alarming escalation in the criminalisation of LGBTQ+ people and those who stand with them. By extending criminal liability beyond private consensual conduct to include expression, association and advocacy, the Bill is a threat to civil society and the rule of law. Ghana is bound by international and regional human rights obligations that require equality and non-discrimination. Legislation that entrenches discrimination and criminalises people based on their sexual orientation or identity cannot be reconciled with those obligations. The Bill risks institutionalising stigma, fear and exclusion and should not become law.'
IBAHRI recommendations
As the Bill undergoes further legal review, the IBAHRI urges the Ghanaian authorities to:
- reject the Bill and ensure that any law concerning sexual orientation or identity respects the rights, safety and dignity of LGBTQ+ people;
- ensure that any future legislation is fully aligned with international and regional human rights law, including Ghana's obligations under the ACHPR and the ICCPR;
- protect freedom of expression, peaceful assembly and association, including the ability of civil society organisations and individuals to advocate for and support LGBTQ+ people without fear of criminalisation; and
- guarantee safe and non-discriminatory access to essential services, including healthcare, legal assistance and representation, housing, education and employment for LGBTQ+ people and those who support them.
