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Disclaimer / Limitations
This country’s legal measures were reviewed by our legal staff in consultation with in-country lawyers and/or CRVS legal experts. All efforts were made to ensure the accuracy of the legal analysis, however, if you consider there to be any discrepancies or if there have been changes in the law of the country since our staff last updated the legal analysis, we welcome any additional information or insights. Please contact us via this form.
Civil Registration System
Ghana
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Ghana
Civil Registration System
Appeals
Appeals
Appeals Process
Does the law provide for a right and a process to appeal a decision of a civil registrar?
Yes a right to and process for appeal is provided for
Recommended Practice based on International Guidelines
Decisions made by civil registrars can have legal consequences and it is important that the system includes a process of appeal or review of those decisions. Individuals should have the right to appeal civil registration decisions to the courts. Prior to filing an appeal in the courts, some countries require that the appeal against a local civil registrar's decision be filed before a higher administrative level, up to the national level. The exhaustion of remedies serves a dual purpose of allowing a civil registration agency the opportunity to correct its mistake without burdening the courts, and creates an administrative record for court to review in a judicial appeal.
Section 45 of the Registration of Births and Deaths Act provides that any applicant whose application under the Act is refused may apply to a District Court for a review of the decision.
There is also a specific internal process in terms of Section 36 that applies when a District Registrar cancels a civil registration and civil event certificate on the basis that the registration was falsely or fraudulently obtained, or that the event certificate is being used for a fraudulent or improper purpose. A person aggrieved by such a step may petition a Regional Registrar to review the decision of the District Registrar, and if dissatisfied with the decision of the Regional Registrar, may petition the Registrar to revoke the Regional Registrar’s decision.
