Contents

1. Summary
   1. Facts
   2. Holding
2. Comment
3. Further resources
4. The Decision

Summary

Gifty Amoakowaa is suing Peace and Love Hospital, alleging that CCTV cameras in its breast examination room violated her constitutional rights to privacy and dignity under Articles 15 and 18(2). She seeks removal of the cameras, deletion of footage, damages, and a court declaration deeming the surveillance unlawful.

Facts

A Ghanaian citizen, Gifty Amoakowaa, has initiated legal proceedings against Peace and Love Hospital at the Human Rights Division of the High Court, alleging a violation of her constitutional rights stemming from the use of surveillance equipment within a sensitive medical setting.

In her claim, Amoakowaa contends that during a recent visit to the hospital for a physical breast examination, she noticed the presence of CCTV cameras installed in the examination room. The discovery of these cameras, according to Amoakowaa, caused her considerable emotional distress and anxiety. She argues that the presence of such surveillance equipment in an intimate medical environment amounts to a breach of her constitutional rights to privacy and dignity.

The legal foundation of Amoakowaa’s claim rests on Articles 15 and 18(2) of the 1992 Constitution of Ghana. Article 15 safeguards the dignity of all persons, prohibiting treatment that is degrading or demeaning. Article 18(2) specifically protects against unlawful interference with a person's privacy, including the privacy of their home, correspondence, and communications.

Amoakowaa is seeking several forms of relief from the court:

• Declaration of Rights Violation: She asks the court to declare that the installation and use of CCTV cameras in breast examination and consultation rooms constitute a violation of her constitutional rights and are therefore unlawful.
• Removal of Surveillance Equipment: She is requesting an order directing the hospital to dismantle and permanently remove all CCTV cameras and related surveillance equipment from areas designated for medical consultation and physical examination.
• Destruction of Recorded Footage: Amoakowaa seeks a court order compelling the hospital to delete any video recordings that may include her image and to prohibit any future retention, use, or dissemination of such recordings.
• Compensatory Damages: Finally, she is claiming general damages for the emotional and psychological harm she has suffered as a result of the hospital’s actions.

Legal Provisions Reviewed/ Cited

Relevant Legal Provisions Cited: 1. Article 15 of the 1992 Constitution of Ghana: Protection of Human Dignity Article 15(1) provides that: “The dignity of all persons shall be inviolable.” Article 15(2) further states that:“No person shall, whether or not he is arrested, restricted or detained, be subjected to—(a) torture or other cruel, inhuman or degrading treatment or punishment;(b) any other condition that detracts or is likely to detract from his dignity and worth as a human being.”

Application in this case:Amoakowaa argues that the installation of CCTV cameras in a room where sensitive physical examinations take place constitutes degrading treatment and violates her right to personal dignity. The constant surveillance in such an intimate setting is claimed to undermine her sense of bodily autonomy and human worth.

2. Article 18(2) of the 1992 Constitution of Ghana: Right to Privacy Article 18(2) provides that:“No person shall be subjected to interference with the privacy of his home, property, correspondence or communication except in accordance with law and as may be necessary in a free and democratic society for public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.”

Application in this case: Amoakowaa contends that being recorded during a private medical examination without her knowledge or consent constitutes an unlawful interference with her privacy. She asserts that no legal justification or public interest exception under Article 18(2) applies in this context. In her view, the hospital’s actions fall outside any permissible limits on the right to privacy and thus amount to a constitutional violation.

Holding