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The Supreme Court’s affirmation of Section 104(1)(b) as constitutional reinforces the legal framework against certain sexual activities in Ghana, setting a precedent that may influence future legislative and judicial actions concerningLGBTQ rights and related legal challenges.
He argued that Section 104(1)(b) violated several constitutional rights, including the right to privacy under Article 18, the right against discrimination under Article 17, and the protection of personal liberties under Article 14.
Section 104(1)(b) of Act 29 criminalises“unnatural carnal knowledge”of a person aged 16 and above, even with their consent,categorising it as a misdemeanour.
The Supreme Court of Ghana has upheld Section 104(1)(b) of the Criminal Offences Act, 1960 (Act 29), an already existing law whichcriminalises anal sex, declaring it constitutional..
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