text:
Comparative law and justice/Cuba

Part of the Comparative law and justice Wikiversity Project

Participants
Anelpichardo 19:36, 9 February 2010 (UTC)

Basic Information

Geographical Information Cuba is in the Caribbean. It is an island in between the Caribbean sea and the North Atlantic Ocean. The island consists of 110,860 sq km and is 150 km south of Key West, FLorida. Cuba is the largest country in the Caribbean and westernmost island of the Greater Antilles. It is slightly smaller than Pennsylvania. Cuba borders the US Naval Base at Guantanamo Bay 29 km. Demographic Characteristics Its population is ranked 72 in comparison to the world with a total population of 11,451,652 (July 2009 est.) The age structure in Cuba consists of 0-14 years: 18.3% (male 1,077,745/female 1,020,393)15-64 years: 70.4% (male 4,035,691/female 4,030,103)65 years and over: 11.2% (male 584,478/female 703,242) (2009 est.) The median age is a total of: 37.3 years and 36.6 years for males and 38 years for females. (2009 est.) Religion Cuba is 85% Roman Catholic prior to CASTRO assuming power; Protestants, Jehovah's Witnesses, Jews, and Santeria are also represented. Ethnic Groups According to the 2002 census, there are: 65.1% white, 24.8% mulatto and mestizo, 10.1% black. Language Spanish is widely spoken in Cuba.

Brief History
In 1492, Christopher Columbus made the European discovery of the Island of Cuba. Spanish settlers established the raising of cattle, sugarcane, and tobacco as Cuba's primary economic pursuits. As the native Indian population died out, African slaves were imported to work the ranches and plantations. Slavery was abolished in 1886.

Cuba was the last major Spanish colony to gain independence, following a lengthy struggle begun in 1868. Jose Marti, Cuba's national hero, helped initiate the final push for independence in 1895. In 1898, the United States entered the conflict after the USS Maine sank in Havana Harbor on February 15 due to an explosion of undetermined origin. In December of that year, Spain relinquished control of Cuba to the United States with the Treaty of Paris. On May 20, 1902, the United States granted Cuba its independence but retained the right to intervene to preserve Cuban independence and stability in accordance with the Platt Amendment. In 1934, the Platt Amendment was repealed. The United States and Cuba concluded a Treaty of Relations in 1934 which, among other things, continued the 1903 agreements that leased the Guantanamo Bay naval base to the United States.

Economic Development, Health, and Education
Economic Development The loss of the Soviet aid and domestic inefficiencies has caused for the average Cuban's standard of living to be at a the lower level. Since 2000, Venezuela has been providing oil on preferential terms, and it currently supplies about 100,000 barrels per day of petroleum products. Cuba has been paying for the oil, in part, with the services of Cuban personnel in Venezuela including some 30,000 medical professionals. The GDP (purchasing power parity) is $110.8 billion (2009 est.) Cuba's country comparison to the world is ranked at 65. The GDP per capita (PPP) is $9,700 (2009 est.) and it's country comparison to the world is ranked at 109. Cuba's industries consist of sugar, petroleum, tobacco, construction, nickel, steel, cement, agricultural machinery, pharmaceuticals. Cuba's imports are estimated to be at $10.86 billion (2009 est.) with a country comparison to the world ranked at 83. Import commodities are petroleum, food, machinery and equipment, chemicals. With import partners being Venezuela 29.8%, China 11.8%, Spain 10%, Canada 6.4%, US 6.3%, Brazil 4.6% (2008). Cuba's exports are estimated to be at $3.253 billion (2009 est.) with a country comparison to the world ranked at 118. It's export commodities are sugar, nickel, tobacco, fish, medical products, citrus, coffee. With export partners being Canada 27.8%, China 26.7%, Spain 6.2%, Netherlands 5.6%(2008). Health After the 1959 revolution, health conditions have greatly improved and sanitation is generally really good. On the other hand, Cuba no longer receives the same level of foreign support and has fallen behind in many of its social services due to the dissolution of the Soviet Union. in 1993 100% of the population was reported to have access to health care. In 2000, 95% of the population had access to safe drinking water and 95% had adequate sanitation.

Infant mortality declined from more than 60 per 1,000 live births before 1959 to 6 in 2000. About 8% of babies born in 1999 were considered low birth weight. Studies show that as of 1998 79% of married women (ages 15 to 49) used contraception. The government claims to have eradicated malaria, diphtheria, poliomyelitis, tuberculosis, and tetanus. In 1997, children up to one year of age were immunized as follows: tuberculosis, 99%; diphtheria, pertussis, and tetanus, 99%; polio, 97%; and measles, 99%.

Life expectancy was an average of 76 years for women and men in 2000 and the overall death rate was 7 per 1,000 people in 1999. In 2000, major causes of death, with incidence per 100,000 people, were circulatory system diseases (235), cancer (124), injuries (61), and infectious diseases (44). There were 15 reported cases of tuberculosis per 100,000 in 1999. The incidence of TB decreased steadily from 1979 to 1991 (503 cases), but there was a reversal in the following years. As of 2001 the number of people living with HIV/AIDS was estimated at 2,800, and deaths from AIDS that year were estimated at 120. HIV prevalence was 0.06 per 100 adults.

Education Education has been a high priority of the Castro government. In 1959 there were at least one million illiterates, and many more were only semi literate. A literacy campaign was inaugurated in 1961, when 100,000 teachers went out into the countryside. For the year 2000, UNESCO estimated the illiteracy rate of persons aged 15 years and over to be 3.6% (males, 3.5%; females, 3.6%). Education is free and compulsory for six years (6–11 years of age). In 1997, Cuba's 9,926 primary schools enrolled 1,094,868 students and employed 92,820 teachers. Student-to teacher ratio stood at 12 to 1. Secondary education lasts six years beyond the primary level. In 1997, 712,897 secondary students were instructed by 70,628 teachers. As of 1999, 99% of primary-school-age children were enrolled in school, while 80% of those eligible attended secondary school. The pupil-teacher ratio at the primary level was 12 to 1 in the same year. Cuba has five universities: the University of Havana (founded 1728), Oriente University at Santiago de Cuba (1947), the University of Las Villas at Santa Clara (1952), University of Camagüey (1974), and the University of Pinar Del-Rio. Workers' improvement courses (superación obrera), to raise adults to the sixth-grade level, and technical training schools (mínimo técnico), to develop unskilled workers' potentials and retrain other workers for new jobs, were instituted after 1961. Today, special worker-farmer schools prepare workers and peasants for enrollment at the universities and for skilled positions in industrial and agricultural enterprises. In 1997, tertiary education enrolled 111,587 students, with 22,574 teachers.

Governance
Constitution: February 24, 1976; amended July 1992 and June 2002

The Constitution of 1976, which defined Cuba as a socialist republic, was replaced by the Constitution of 1992, which is guided by the ideas of José Martí, Marx, Engels and Lenin. [4] The constitution describes the Communist Party of Cuba as the "leading force of society and of the state". [4] The first secretary of the Communist Party, is concurrently President of the Council of State (President of Cuba) and President of the Council of Ministers (sometimes referred to as Prime Minister of Cuba). [74] Members of both councils are elected by the National Assembly of People's Power.

According to the Cuban constitution, Cuba is an independent socialist republic that is controlled by 1 party: the Cuban Communist Party (PCC), of which Fidel Castro is the head, with his brother, Raul Castro as vice-president. The Communist Party is led by a group of 25 individuals chosen by its head. Molded by this elite group of communists are organizations that encompass every facet of society, including youth, women, workers, and small farmers, among others. Around 80 percent of the population has membership in at least one of these organizations. This network ensures that the agenda of the Communist Party is disseminated (communicated) to the masses. The National Assembly is the legislative body of the Cuban government. The Assembly is composed of 601 members whose terms last 5 years. For these positions, the Council of State nominates candidates, who are then subject to a direct vote by the Cuban people. The National Assembly also elects the Judicial Branch. On the local level, members of Municipal Assemblies are chosen by direct local election. Local government is closely over-seen by the Communist Party. As is evidenced by Fidel Castro's almost complete control over decision-making, most policies are the direct result of his personal desires. The Cuban governmental structure is heavily bureaucratic (organized into many agencies). Until 1993, the Central Planning Board (JUCEPLAN, or Junta de Planificación Central), was responsible for economic planning. After 1993, in a move to create greater efficiency and to decentralize, different sectors of the economy became the responsibility of various ministerial bodies, including the Ministry of Tourism, the Ministry of Science, Technology, and the Environment, the Ministry of Industry, the Ministry of Sugar Planning, and the Ministry of Foreign Investment and Economic Cooperation, among others.

Executive Branch Chief of state: President of the Council of State and President of the Council of Ministers Gen. Raul CASTRO Ruz (president since 24 February 2008) Legislative Branch Unicameral National Assembly of People's Power or Asemblea Nacional del Poder Popular (number of seats in the National Assembly is based on population; 614 seats; members elected directly from slates approved by special candidacy commissions to serve five-year terms) ) Judicial Branch People's Supreme Court or Tribunal Supremo Popular (president, vice president, and other judges are elected by the National Assembly)

Elections
Elections in Cuba take place by secret ballot. Since Cuba became a one-party republic and the Communist party became the official political party, Cuba has been both condemned and praised by certain Cuban groups, international groups, and foreign governments regarding democracy. Although the media is operated under the supervision of the Communist Party’s Department of Revolutionary Orientation, which "develops and coordinates propaganda strategies"

Courts and Criminal Law
In 1973, the Cuban government promulgated a new Law of Judicial Organization. This law established a hierarchical and more formal court system, replaced the private practice of law with law collectives known as bufetes colectivos, and strengthened the emphasis on "socialist legality." This period was also marked by increasingly close relations with the Soviet Union, and increased economic dependence on COMECON - the trading bloc of socialist nations. The Supreme Court of Cuba serves as the nation's highest judicial branch of government. It is also the court of last resort for all appeals against the decisions of provincial courts.

Legal Personnel
Independent legal practice is not permitted in Cuba. As of 1999, 30% of lawyers worked as legal advisors to state agencies, ministries, and commercial enterprises. These lawyers receive a lower salary than their counterparts in the bufetes, but this is offset somewhat by added perks and bonuses from their employer. The salary of lawyers is based upon the number and complexity of the cases which they handle. Better lawyers typically earn a higher salary. Bufetes Colectivos are collective law offices, first established by the Ministry of Justice after the private practice of law was abolished, and currently under the oversight of the National Organization of Bufetes Colectivos (ONBC). In order to practice in a bufete, one must graduate from law school in Cuba or a foreign country with Cuban validation. Exceptions to this can be made under extraordinary circumstances. Once in a bufete, lawyers may practice anywhere in the country. Currently, approximately 2,000 lawyers practice in some 250 bufetes throughout Cuba, collectively handling some 200,000 cases per year. Lawyers in bufetes typically have large caseloads and work under difficult conditions. A small number of bufetes specializing in providing legal assistance to foreign nationals have arisen in recent years.

Law Enforcement
The Ministry of Interior is the principal entity of state security and totalitarian control. Officers of the Revolutionary Armed Forces (FAR), which are led by Raul Castro, the President's brother, have been assigned to the majority of key positions in the Ministry of Interior in the past several years. In addition to the routine law enforcement functions of regulating migration and controlling the Border Guard and the regular police forces, the Interior Ministry's Department of State Security investigates and actively suppresses political opposition and dissent. It maintains a pervasive system of surveillance through undercover agents, informers, rapid response brigades (RRB's), and neighborhood-based Committees for the Defense of the Revolution (CDR's).

Crime Rates and Public Opinion

 * Executions 5 executions  [20th of 22]
 * Murders committed by youths 348  [15th of 73]
 * Murders committed by youths per capita 9.6  [16th of 57]
 * Prisoners 0 prisoners  [156th of 168]
 * Prisoners > Per capita 0 per 100,000 people  [157th of 164]

Cuba is principally a source country for women and children trafficked within the country for the purpose of commercial sexual exploitation and possibly for forced labor; the country is a destination for sex tourism, including child sex tourism, which is a problem in many areas of the country; some Cuban nationals willingly migrate to the United States, but are subsequently exploited for forced labor by their smugglers; Cuba is also a transit point for the smuggling of migrants from China, Sri Lanka, Bangladesh, Lebanon, and other nations to the United States and Canada

Violent crime is officially viewed as a threat to national stability. In 1999 the death penalty was extended to certain narcotics offenses, robbery involving firearms, attacks on security officers, and sexual corruption of minors. In the biggest crackdown in a decade, 75 prodemocracy activists were arrested in March 2003 and summarily tried. Shortly afterward a de facto three-year moratorium on executions was ended by the execution of three ferry hijackers.

Estimated arrests for drug abuse violations by age group, 2000-2007

Source: Crime in the United States, annual, Uniform Crime Reports
 * Year:2000 Adult: 1,375,600 Juvenile: 203,900
 * Year:2001 Adult: 1,384,400 Juvenile: 202,500
 * Year:2002 Adult: 1,352,600 Juvenile: 186,200
 * Year:2003 Adult: 1,476,800 Juvenile: 201,400
 * Year:2004 Adult: 1,551,500 Juvenile: 194,200
 * Year:2005 Adult: 1,654,600 Juvenile: 191,800
 * Year:2006 Adult: 1,693,100 Juvenile: 196,700
 * Year:2007 Adult: 1,645,500 Juvenile: 195,700

Nonfatal firearm-related violent crimes, 2000-2008
 * Year: 2000 Firearm Incidents: 428,670 Firearm Victims: 533,470 Firearm Crime Rate: 2.4 Firearm Crimes as percent of all violent incidents: 7
 * Year: 2001 Firearm Incidents: 467,880 Firearm Victims: 524,030 Firearm Crime Rate: 2.3 Firearm Crimes as percent of all violent incidents: 9
 * Year: 2002 Firearm Incidents: 353,880 Firearm Victims: 430,930 Firearm Crime Rate: 1.9 Firearm Crimes as percent of all violent incidents: 7
 * Year: 2003 Firearm Incidents: 366,840 Firearm Victims: 449,150 Firearm Crime Rate: 1.9 Firearm Crimes as percent of all violent incidents: 7
 * Year: 2004 Firearm Incidents: 280,890 Firearm Victims: 331,630 Firearm Crime Rate: 1.4 Firearm Crimes as percent of all violent incidents: 6
 * Year: 2005 Firearm Incidents: 416,940 Firearm Victims: 474,110 Firearm Crime Rate: 1.9 Firearm Crimes as percent of all violent incidents: 9
 * Year: 2006
 * Year: 2007 Firearm Incidents: 348,910 Firearm Victims: 394,580 Firearm Crime Rate: 1.6 Firearm Crimes as percent of all violent incidents: 7
 * Year: 2008 Firearm Incidents: 303,880 Firearm Victims: 343,550 Firearm Crime Rate: 1.4 Firearm Crimes as percent of all violent incidents: 7

Family Law
The Family Code was developed in the early 1974. The Family Code was so important to the Cuban people that they deemed it vital to have a complete and “far reaching” discussion about it. People as young as junior high school students got enthusiastically interested in the Code, and had debates and discussions about it as the first law to have tremendous importance to their future. The plan for the discussion of the code was announced by Blas Roca at the Women’s Congress. Roca was a very active member of the Orthodox party. And by then he was Secretariat and head of the committee to draft new laws. He is now the president of the national People’s Assembly. The Family Code covers marriage, divorce, marital property relationships, recognition of children, obligations for children’s care and education, adoption, and tutelage. The following are Clauses 24, 25, 26, 27, and 28 of the Cuban Family Code:

24. Marriage is constituted on the basis of equal rights and duties of both partners. .

25. The spouses must share the same home, be faithful to one another, help, consider and respect each other. The rights and duties established by this code will subsist in their entirety as long as the marriage has not been legally terminated, in spite of the fact that for justifiable reasons a common household cannot be maintained..

26. Both spouses are obligated to care for the family they have created and cooperate with each other in the education, formation and guidance of their children in line with the principles of socialist morality. As well, each to the extent of his or her capabilities and possibilities must participate in governing the home and cooperate toward its best possible care..

27. The spouses are obligated to contribute toward satisfying the needs of faculties and economic capacities. Nevertheless, if one of the spouses contributes only through his or her work in the home and child-care, the other spouse must provide full economic support without this meaning that he or she be relieved of the obligations of cooperating with the housework and child-care..

28. Both spouses have the right to exercise their professions or crafts and must lend each other reciprocal cooperation and aid to this effect, as well as in order to carry out studies or perfect their training, but in all cases they will take care to organize their home life so that such activities be coordinated with fulfillment of the obligations imposed by this code.”.

Human Rights
Cuba's government controls all aspects of life through the Communist Party and its affiliated mass organizations, the government bureaucracy, and State Security Department. The latter is tasked with monitoring, infiltrating, and controlling the country's beleaguered human rights community. Despite having signed the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Cultural Rights in February 2008, Cuba has yet to ratify either or meet the obligations assumed in these instruments, continuing to commit serious abuses and denying its citizens the right to change their government. Cuba is also a signatory of the Universal Declaration of Human Rights and sits on the UN Human Rights Council, yet routinely arrests citizens who seek to exercise internationally recognized fundamental freedoms. The government incarcerates people for their peaceful political beliefs or activities. The total number of political prisoners and detainees is unknown, because the government does not disclose such information and keeps its prisons off-limits to human rights organizations and international human rights monitors. One local human rights organization lists more than 200 political prisoners currently detained in Cuba in addition to as many as 5,000 people sentenced for "dangerousness."

Cuba, with a population of approximately 11 million, is a totalitarian state that does not tolerate opposition to official policy. The country is led by Raul Castro, who holds the positions of chief of state, president of the council of state and council of ministers, and commander in chief of the Revolutionary Armed Forces. Although the constitution recognizes the unicameral National Assembly as the supreme authority, the Communist Party (CP) is recognized in the constitution as the only legal party and "the superior leading force of society and of the state." Fidel Castro remained the first secretary of the CP. The January 2008 elections for the National Assembly were neither free nor fair, and all of the candidates had to be preapproved by a CP candidacy commission, with the result that the CP candidates and their allies won 98.7 percent of the vote and 607 of 614 seats in the National Assembly. Civilian authorities, through the Ministry of the Interior, exercised control over the police, the internal security forces, and the prison system.

The government continued to deny its citizens their basic human rights, including the right to change their government, and committed numerous and serious abuses. The following human rights problems were reported: beatings and abuse of prisoners and detainees, harsh and life-threatening prison conditions, including denial of medical care; harassment, beatings, and threats against political opponents by government‑recruited mobs, police, and state security officials acting with impunity; arbitrary arrest and detention of human rights advocates and members of independent professional organizations; and denial of fair trial, including for at least 194 political prisoners and as many as 5,000 persons who have been convicted of potential "dangerousness" without being charged with any specific crime.

Authorities interfered with privacy and engaged in pervasive monitoring of private communications. There were also severe limitations on freedom of speech and press; denial of peaceful assembly and association; restrictions on freedom of movement, including selective denial of exit permits to citizens and the forcible removal of persons from Havana to their hometowns; and restrictions on freedom of religion and refusal to recognize domestic human rights groups or permit them to function legally. Discrimination against persons of African descent, domestic violence, underage prostitution, trafficking in persons, and severe restrictions on worker rights, including the right to form independent unions, were also problems..

The government places severe limitations on freedom of speech and press, as noted by international non-governmental organizations (NGOs) such as Reporters Without Borders. The constitution provides for freedom of speech and press insofar as views "conform to the aims of a socialist society." In March 2008, demonstrators distributing copies of the Universal Declaration of Human Rights were attacked by an orchestrated mob and later detained. Despite the government's decision to permit Cubans to purchase personal computers, access to the Internet is strictly controlled and given only to those deemed ideologically trustworthy; Internet restrictions were tightened further in March and April 2008 to block access by Cuban citizens to certain independent websites.

Freedom of assembly is not constitutionally guaranteed in Cuba. The law punishes unauthorized assembly of more than three persons. The government also restricts freedom of movement and prevents some citizens from emigrating because of their political views. Cubans need explicit exit visas from their government to leave their country, and many people are denied exit permission by the Cuban Government, despite the fact that they have received travel documents issued by other countries.

title: Comparative law and justice/Cuba


text:
Comparative law and justice/Poland

Part of the Comparative law and justice Wikiversity Project

Nlibucha 19:48, 9 February 2010 (UTC)

Basic Information

Climate: Poland is very cold and wet and has rough winters and mild summers

Population: 38,482,919 with a 0.047% growth rate (2009)

Ethnic Groups: Polish 96.7%, German 0.4%, Belarusian 0.1%, Ukrainian 0.1%, other and unspecified 2.7% (2002)

Infant Mortality Rate: 6.8 deaths/1,000 live births

Official Language: Polish 97.8%, other and 2.2% (2002 census)

Religion: Roman Catholic 89.8%, Eastern Orthodox 1.3%, Protestant 0.3%, other 0.3%, unspecified 8.3% (2002)

Sex Ratio: 0.94 male(s)/female (2009)

Life Expectancy: 71.65 years for males and 79.85 years for females (2009)

Brief History
The name Poland comes from the tribe Polanie who settled near Gniezno. In the 9th and 10th century Polanie united most other Slavic tribes living in the area. They established the state reigned by the Piast dynasty. The first prince of the Piast dynasty was Mieszko I. The son of Mieszko, Boleslaw Chrobry, was the first king of Poland. The first capital of Poland was Gniezno. In 1038 the capital was moved to Kraków, and a few centuries later - to Warsaw. In 1386 Queen Jadwiga married the grand duke of Lithuania, Władysław Jagiełło. This marriage initiated a union between Poland and Lithuania. The Jagiellonian Dynasty reigned Poland until 1572. The 16th century was called the 'golden age' of Poland. After the end of Jagiellonian Dynasty, the elective monarchy began. The internal rivarly caused the weakness of the state. The weakness of Poland enabled the first partition of the country by Russia, Prussia and Austria in 1772. These countries annexed nearly 30% of the territory of Poland. It caused the attempts to make reforms in Poland. For 123 years Poland disappeared from the map of Europe. During the 19th century the Polish people revolted. The most significant uprisings were in 1830-1831 and 1863-1864. Poland regained independence after the First World War, in November 1918, as the Second Polish Republic. But the peace did not last long. On September 1, 1939 Poland was invaded by Germany, and on September 17 - by Soviet troops. Polish resistance was crushed, and the country was partitioned again, and later - completely occupied by Germany. Many people died in extermination camps or were deported to Germany for forced labor. Polish people formed an underground resistance movement and a government in exile. During World War II over 6 million Polish people died, half of them were the Polish Jews. After the war Poland was under the influence of the Soviet Union. The time of communism began. In 1952 Poland was proclaimed a people's republic. The economic problems and the dissaticfaction from the communist rule caused big waves of strikes in 1970 and 1980. In 1980 was created an independent trade union Solidarity (Solidarność), which played a huge role in the fall of communism in Poland. In 1989 the Third Polish Republic was established. In 1999 Poland became part of NATO and in 2004 it joined the European Union.

Economic Development, Health, and Education
An inefficient commercial court system, a rigid labor code, bureaucratic red tape, burdensome tax system, and persistent low-level corruption keep the private sector from performing up to its full potential. Rising demands to fund health care, education, and the state pension system present a challenge to the Polish Government's effort to hold the consolidated public sector budget deficit under 3.0% of GDP, a target which was achieved in 2007-09. The PO/PSL coalition government, which came to power in November 2007, plans to reduce the budget deficit in 2010 and has also announced its intention to enact business-friendly reforms, increase workforce participation, reduce public sector spending growth, lower taxes, and accelerate privatization. The government, however, has moved slowly on major reforms. The legislature passed a law significantly limiting early retirement benefits. A health-care bill also passed through the legislature, but the legislature failed to overturn a presidential veto.

Virtually the entire Polish population is literate. For the year 2000, the adult illiteracy was estimated to be 0.2% (males, 0.2%; females 0.2%). Primary, secondary, and most university and other education is free. State and local expenditure on education is, therefore, substantial. Lower schools are financed by local budgets, higher and vocational schools from the state budget. In the latter half of the 1990s, approximately 24.8% of government expenditure was moved to education. As of 1999, public expenditure on education was estimated at 5.4% of GDP. The school system, which is centralized, consists of an eight-year primary school followed by a four-year secondary general education school, five-year technical school, or basic three-year vocational training school. In 1996, primary schools had a combined enrollment of 5,021,378 students and a staff of 325,601 teachers. Student-to-teacher ratio stood at 15 to 1. In the same year, secondary schools had 2,539,138 students and 121,301 teachers. As of 1999, 97% of primary-school-age children were enrolled in school, while 88% of those eligible attended secondary school. Vocational schools are attended by students studying technology, agriculture, forestry, economy, education, health services, and the arts. Institutions of higher learning had 75,432 teachers and enrolled 720,267 students in 1996.

Health care is available in Poland but is not comparable to health care in the United States.

Governance
Poland is a republic. Independance was gained on November 11, 1918. Constitution was adopted by the National Assembly 2 April 1997; passed by national referendum 25 May 1997; effective 17 October 1997.

President of Poland Lech Kaczynski, his wife and some of the country's most prominent military and civilian leaders died Saturday April 10, 2010 in a horrible plane crash. This was a crushing blow for Poland,

Read more: http://www.time.com/time/world/article/0,8599,1981060,00.html#ixzz0mbg5RgoN

Elections
Poland is governed under the constitution of 1997. The president, who is the head of state, is popularly elected for a five-year term and is eligible for a second term. The prime minister, who is the head of government, is appointed by the president, as is the cabinet, with the approval of the Sejm. The bicameral National Assembly consists of a 460-seat Sejm (lower house) and a 100-seat Senate (upper house). Members of both bodies are elected for four-year terms. Poland is divided into 16 provinces.

Judicial Review
There is a four-tiered court system in Poland: regional, provincial, appellate divisions, and a Supreme Court. The Supreme Court, the highest judicial organ, functions primarily as a court of appeal. The Supreme Court and lower courts are divided into criminal, civil, military, labor and family chambers. Judges are nominated by the National Judicial Council and are appointed by the president for life.

Punishment
Polish prison conditions are ranked worse in Europe. Cells are overcrowded, there is chronic underfunding, there is a lack of work for prisoners and dismal sanitary conditions highlight the main problems of Poland's prison system. It is said that there are possibly around 58,000 convicted people who are still waiting for a free place in jails to begin serving their time. The death penalty has been abolished in Poland.

Legal Personnel
The Polish legal system is based on the continental legal system (civil law tradition). The common courts in Poland are the courts of appeal, provincial courts, and district courts. They are competent to hear criminal law cases, civil law cases, family and custody law cases, labour law cases and social insurance cases. The administrative judiciary belongs to the High Administrative Court. This court has judicial control of public administration and operates through 10 delegated centres of the same Court. The military courts are the military provincial courts and military unit courts. They have judiciary control within the Polish Army in criminal cases and other cases that were subscribed to them by relevant statutes.

Law Enforcement
Polish police are known as Policja. The police force is split into different branches. The different branches are Criminal service, Traffic Police services, Prevention Service and Supporting Service. Smaller towns and villages also sometimes have there own City guard. City guard however only has jurisdiction over small crimes and misdemeanors.

Crime Rates and Public Opinion
While Poland generally has a low rate of violent crime, the incidence of street crime, which sometimes involves violence, is moderate. Major cities have higher rates of crime against residents and foreign visitors than other areas. Organized groups of thieves hang around major tourist locations and on trains and buses in major cities. Car theft is also a moderate problem in Poland although it has declined in recent years. U.S. citizen tourists of Asian and African descent have also reported being targets of verbal harassment and physical attacks while traveling in Poland which indicates some discrimination towards these groups among polish citizens.

Family Law
Polish divorce law is regulated by the statute of February 25, 1964: The Polish Family and Guardianship Code, which came into force on January 1, 1965. The statute is divided into three parts, the first of which concerns matrimonial matters of marriage. There is some relationship between the institutions of divorce and separation. The latter was introduced into the Polish system of family law in 1999. The regulation of separation shows certain similarities to that of divorce. Separation is decided by the court when there is a complete (but not irretrievable) disintegration of matrimonial life. The judicial decree of separation has the same effects as a divorce, unless otherwise provided by statute. The most significant difference is that a separated person is not allowed to remarry. The introduction of separation, however, has not led to any changes in the provisions regulating divorce. Thus, the latter provisions do not treat separation as a cause of divorce nor as a condition therefor. On the other hand, the provisions on separation do not say anything about the possibility of a subsequent divorce, although such a possibility is generally considered to exist. It seems correct to conclude that separation in Polish law is to be an instrument to ensure the durability of marriage through preventing rash divorces, rather than an institution which is a substitute for divorce. In the legal literature there are those who are in favor of granting a divorce simply on an unanimous motion by the spouses.

Human Rights
During the Universal Periodic Review in April, members of the Human Rights Council urged the Polish authorities to introduce comprehensive anti-discrimination legislation. The government declared that a new Act on Equal Treatment was expected to be adopted by the parliament in November. The draft Act addresses discrimination based on gender, race, ethnic origin, nationality, religion, political views, disability, age, sexual orientation, and marital and family status. Nevertheless, it only prohibits discrimination based on gender, race and ethnic origin when it comes to access to services, social welfare, health care and education. It does not ensure protection from multiple discrimination or discrimination through association.

Denial of access to abortion for eligible women was raised during Poland’s Universal Periodic Review by the UN Human Rights Council in May. This remained a concern despite a ruling in 2007 by the European Court of Human Rights that the government has the duty to establish effective mechanisms for ensuring that women have access to abortion where it is legal.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Comparative law and justice/Poland


text:
Comparative law and justice/United Arab Emirates

Part of the Comparative law and justice Wikiversity Project

Basic Information

The UAE is located in the Middle East bordering the Gulf of Oman and the Persian Gulf, between Oman and Saudi Arabia. The UAE has a total of 83,600 sq km of land and it around the same size of Maine. The UAE has a desert climate; cooler in the eastern mountains. The UAE also has a flat, barren coastal plain that merges into sand dunes of desert wasteland. Its natural resources are petroleum and natural gas. The UAE has 0.77% of arable land and 2.27% of permanent crops. Frequent sand and dust storms are the natural hazards of the UAE.

The UAE has a total estimated population of 4,798,491 people. The age structure for the population in the UAE is as follows: 0-14 years: 20.4% (male 500,928/female 478,388) 15-64 years: 78.7% (male 2,768,030/female 1,008,404) 65 years and over: 0.9% (male 27,601/female 15,140) note: 73.9% of the population in the 15-64 age group is non-national (2009 est.)

The estimated median age range for males is 32 years old and for females it is 24.7 years old. The population birth rate is 16. 02 births out of 1,000 population and the death rate is 2.11 deaths out every 1,000 population. The infant mortality rate is a total of 12.7 deaths out of every 1,000 live births. The female infant mortality rate is 10.44 deaths out of every 1,000 live births and for male infants it is 14.86 out of every 1,000 live births. The life expectancy at birth for Emirati infants are, 73.56 years for males and the life expectancy for females is 78.78 years. The nationality of people that are born in the UAE is Emirati(s) and the ethnic groups that live in the country are as follows: Emirati 19%, other Arab and Iranian 23%, South Asian 50%, other expatriates (includes Westerners and East Asians) 8% (1982) note: less than 20% are UAE citizens (1982)

The main religion is Muslims with a staggering total of 96 % out of the population, which leaves Shia with 16% and other religions such as Christian and Hindu with just 4% percent of the population belonging to these religions. The official language of the UAE is Arabic but other languages such as Persian, English, Hindi and Urdu are spoken. The literacy rates for people age fifteen and over that can read and write for the total population of the UAE is 77.9%. the total literacy rates for males 76.1% and 81.75 for females due to an estimation from 2003. The total school life expectancy for primary and territory education is eleven years for the male population and twelve years for the female population which is due to an estimate done in 2003

Brief History
The United Arab Emirates history goes back to the greater history of Oman and the Arabian Gulf. Several attempts had been made by the Romans to take control over the Gulf and the Arabian Peninsula but all of their efforts failed. After the Arab commander Amr bin Al Aas conquered the Gulf and cleared it from all of the invaders a new era had begun to emerge. The conqueror also brought with him a new religion which he introduced to the Gulf. Later on the Gulf became the center for navigation and maritime trade during the Umayyah Dynasty. During the 11th century AD, for nearly two centuries the Portuguese dominated the Gulf, where they set up fortresses on the Gulf coast. Peace and security reigned in the Gulf and the Arabian Peninsula after Oman had been liberated from the Portuguese power, which led to a new move of tribes to migrate to the coast.

In 1749 two new strong independent political powers came into the coast of Oman. The first political power was a naval force which was led by Al Qawassim and the second political power was a land force that was led under the leadership of Al Bu Falah. Before their independence, the UAE was trucial Oman which was also known as the trucial states that were under the British protection. For a period around 1892 the United kingdom was assuming the responsibility for the sheikdoms defence and external relations. Otherwise they followed the Arab monarchy with the rulers having absolute power over everyone and everything.

In 1952 a local council compromised and tried to encourage the seven rulers of the sheikdoms to adopt a common policy which could ultimately result in a federation of the states. Petroleum eventually became the areas modern prosperity when it was discovered in 1958.

Before their independence, the UAE was trucial Oman which was also known as the trucial states that were under the British protection. For a period around 1892 the United kingdom was assuming the responsibility for the sheikdoms defence and external relations. Otherwise they followed the Arab monarchy with the rulers having absolute power over everyone and everything. In 1952 a local council compromised and tried to encourage the seven rulers of the sheikdoms to adopt a common policy which could ultimately result in a federation of the states. Petroleum eventually became the areas modern prosperity when it was discovered in 1958.

Sheikh Zayed bin Sultan Nahyan ruled Abu Dhabi since 1966 until his death in November 2004. Under the sultans rule Abu Dhabi transformed because of the incoming income from the petroleum industry. During that same year petroleum was also found in Dubai. In January 1968 the United Kingdom announced that it was planning on withdrawing the British military from the area of the UAE y 1971. In July 1971 only six of the the seven trucial states, which are Abu Dhabi, Sharjah, Umm Al Qaiwain, Ajman and Fujairah. They agreed on a federal constitution which led to the independence of the United Arab Emirates. The United Arab Emirates gained their independence on December 2nd, 1971. The last sheikhdom to join, Ras Al Khaimah entered in February 1972. Once they had declared their independence Sheikh Zayed took office as the president of the UAE.

Economic Development, Health, and Education
the average total life expectancy of live births for Emiratis are 76.9 years. the total life expectancy of males is 75.6 years and for females the life expectancy at birth is 78.6 years. The infant mortality rate peer 1000 live births in the United Arab Emirates was 7.8 back in 2007. the rate of mortality for children under five were 9.6 in 2007. world Health Organization for the Eastern Mediterranean. Health Status Indicators.2009. Feb 22, 2010. The UAE's main economic imports come mainly from their oil production and their crude oil exports. They also make money from agriculture, manufacturing, construction, hotels, restaurants and commerce, financing and insurance and from real estate. The currency used in the UAE is the UAE Dirham or AED = 100 fils. they also have denominations of AED1,000, 500, 200, 100, 50, 20, 10 and 5. Coins are in denominations of AED1, and 50, 25, 10 and 5 fils but 10 and 5 fils arent commonly used and the Dirham is tied to the US dollar.

Governance
In 1971 seven emirates came together and established the United Arab Emirates federation in an area named the Trucial coast in the Arabian Gulf. The seven emirates were, Abu Dhabi, Ajman, Dubai, Fujairah, Ras Al Khaima, Sharma and umm Al Quwain in the gulf coast. Abu Dhabi is the country’s capital and seond largest city. It is also the center for the United Arab Emirates industrial and political activity. Until world war one the United Arab Emirates was under the Ottoman rule and later on became a british protectorate.

The Ottoman Empire began in the 1300’s in what is now Turkey. The ottomans conquered the Arab provinces between 1516 and 1517 when Islam used to be one of the major forces that held the diverse empire together. The ottoman law comes from the Islamic world and the edicts of the sultan. Later on in the 1700’s and the 1800’s the ottoman empire starts to lose power and while on the hunt for new territories to conquer Britain, France, and Russia began to interfere with all of the territories and affairs of the ottomans empire. The ottoman empire continued to retain power and control over the Balkans and over most of the Arab world until the early 1900’s. after world war 1 the ottoman empire’s land and territories were distributed to allied powers such as Great Britain and France. Today the UAE is currently a federation with specified powers delegated to the UAE federal government and other powers reserved to member emirates.

since the establishment of the UAE on December 2nd,1971, the UAE set up its temporary constitution. Over the years the constitution that was set on December 2nd, 1971 has turned into a permanent one. This happened after the UAE came up with a moderate policy and made a lot of cultural changes which resulted in accomplishments on the local, regional and international levels. The establishment of the UAE constitution could be considered to be one of the most successful unification experiences in the world.

The UAE’s constitution main purpose was to explain the rules of the political and constitutional organization of the state. It was also set up to show the main purpose of the establishment of the federation of the UAE. The constitution also goes on to talk about the important freedoms that its citizens have. “it has also elaborated on the major social and economic pillars of federation and stressed public rights, responsibilities and freedoms”. It even goes on to mention how it has dealt with financial affairs and armed and security forces provisions between the other member emirates. Currently the UAE has a legal system based on a dual system of Sharia and civil courts. They have yet to accept a compulsory ICJ jurisdiction.

Elections
The first elections in the UAE were conducted on December 16th, 18th, and the 20th of 2006 in the different emirates of the UAE. The voters were getting ready to go to the polls for the first time to choose the half country’s federal National Council. Even though only a small percentage of the UAE’s population is eligible to vote, the government has pointed out that this is a good starting point for them. There are only about 7,000 voters, both men and women that have been selected by the rulers of the seven emirates of the UAE to participate in their first election. However this only represents less than one percent of Emirati citizens living in the UAE.

Although they haven’t made clear what type of criteria they used for selecting their voters they have decided to include women. “The criteria for selection have not been made clear, but they seem to be based on traditional forms of patronage”. For many people the inclusion of women in an election in the Middle East is an important and exciting factor in the UAE’s election. Then again it was not a surprise that they decided to include women in their first elections because this is a country where women have begun to take serious high profile jobs and roles in society, “It was never in question in a country where women are increasingly taking high profile roles in business, public service and education” (wheeler 2006). The government is also making it very clear that they are taking cautious steps as they are opening the doors to political participation to the prospective voters.

The government believes that the people they have selected to vote represent a variety of groups in society. They have selected old and young men and women, people that are highly educated as well as others with poor education. The people that were handpicked were also educationalists, writers, academics, public servants, journalists and even architects have been included.

Judicial Review
In order to maintain the peace and order in the united arab emirates, they were given the choice to either keep their federal judicial system the way it was or to join them together. Only Abu Dhabi and Ras Al Khaima have their own independent judicial systems. The federal UAE courts are made up of two main divisions which are broken down into three stages of litigations. The two main divisions are, civil and criminal. When broken down they are divided into three stages. There are courts of first instance, appeal and the federal supreme court also known as court of cassation. The Shariah court was set up to review the matters of personal status and criminal cases. Any other important cases that contain a security aspect are referred to other special courts. Dubai and Ras Al Khaima originally organized their courts to have two stages which later on expanded in Dubai by the establishment of the courts of cassation. .

Only recently in the judiciary branch of the UAE has there been a significant rise in the number of newly appointed judges. They must be UAE nationals, and belong to the different divisions of the Federal courts by the Ministry of Justice from among the many new graduates of the Shariah law colleges. There are still a few expatriate Arab judges that are serving in some of the higher courts in the UAE. The judges that serve in the other neighboring Emirates are appointed by Emiri Decrees, which consists of a National Consultative Council that was promulgated on the 3rd of October of 1971. It is made up of fifty rational members of the Emirate of Abu Dhabi. Their main purpose is to aim at getting national elites and the ruler engaged and involved in the country’s affairs and to determine the country’s policies.

Courts and Criminal Law
The United Arab Emirates is a civil law jurisdiction and they are influenced by French, Egyptian, Roman and Islamic law. even though there is a federal court structure in the UAE with a final court of appeal in Abu Dhabi also known as Abu Dhabi’s supreme court, Ras Al Khaimah and Dubai are not part of the federal judicial system of the country. Therefore they aren’t subject to the supreme court. Dubai and Ras Al Khaimah have their own court systems. There are three main structures in the UAE court systems and they are, civil, criminal and sharia also known as Islamic law. Dubai’s court system is as follows, the court of first instance which also includes civil court, the court of appeal and the court of cassation. the civil court of Dubai hears any type pf crime ranging from commercial matters such as debt recovery cases. For serious criminal actions the Prosecutor makes the decision whether to refer the case to the court. Sharia courts work with civil courts as well as criminal courts.The Sharia court also know as the Islamic court is responsible for civil matters between muslims. Non-Muslims dont have to appear befor ethe Sharia court.The Sharia court hears cases about divorce,inhyeritances and child custody.

The court of cassation is the highest court in the UAE and it can only hear matters involving law. The court of cassation acts as an apellate court to the lower courts. it also supervisors the courts under it. The lower courts have to follow the rules set by the court of cassation.

Punishment
The United Arab Emirates is a Muslim country and this has a lot to do with the way they set up their laws. Muslim culture, practices and beliefs are applied to their local laws. Their legal system process and the way that they run the country might be different in some aspects compared to other countries. Some of the typical punishments for offenses such as murder, rape, assault and theft is anywhere from imprisonment for a period of time to the death sentence. For more serious crimes such as murder, rape, assault, theft and treason, offenders may end up with the death penalty. Other crimes such as drunkenness and defamation may lead to corporal punishment only if the offenders are Muslim. Homosexual acts, prostitution and adultery are also crimes in the United Arab Emirates. It is also illegal to leave the scene of a traffic accident and to drive without a license. Another illegal crime in the UAE is fraudulent practices such as bouncing checks and people who fail to pay their debts can end up being arrested. The United Arab Emirate has a serious policy about drinking and possession of alcohol without a UAE ministry of interior liquor permit. It is illegal to drink and be intoxicated in public and could result in being arrested. It is also illegal to drink and drive in the United Arab Emirates. Cursing and making gestures like road rage is also illegal and may have serious penalties. The United Arab Emirates also has a zero tolerance policy when it comes to drugs. They have strict penalties for drug trafficking which include a significant time in jail or even the death penalty. Some of the penalties of illegal drugs and possession include imprisonment and heavy fines. The UAE government has even issued for everyone who is planning to visit the country to learn about their strict law possession laws before visiting. Trace amounts of 0.05 grams found on clothes or luggage can still be considered to be possession of drugs. Even over the counter medication that has been prescribed in another country might be considered illegal drug possession. Proper documentation for medication is required when entering the UAE or else you will not be allowed in and may end up being prosecuted.

Law Enforcement
The UAE has a multiple coordinated and decentralized police structure. They are also UAE is one of the many countries that believe in corporal punishment. They have used flogging and caning on criminals. The United Arab Emirates requests that officers from all of the GCC countries such as, Saudi Arabia, Bahrain, Qatar and Oman take an advanced drug control training course. The training is conducted by the Lebanese International security forces and the experts from West Yorkshire Police.

Crime Rates and Public Opinion
Despite a law passed in July 2005, The United Arab Emirates has become a destination country for men, women and children to be trafficked to. These victims may come from countries such as South and East Asia, Eastern Europe, Africa, and the Middle East. They are being involuntarily sexually exploited. Many women migrate from Africa and Southeast Asia to work as domestic servants. Some of these domestic servants have reported having their passports confiscated once they arrive at the UAE by their employers. These workers are being denied permission to leave their work place and face sexual and physical abuse by their employers. Another main crime in the UAE is the transshipment of drugs because of its proximity to Southwest Asian drug-producing countries which makes the UAE vulnerable to money laundering. The UAE is currently working on improving its anti-money-laundering controls. terrorism is another serious form of crime that takes places in the UAE.

The most common crimes that occur in the United Arab Emirates are crimes involving fraud. Other crimes such as murder, counterfeiting, crimes agaisnt life and health and drug related crimes also occur in the United Arab Emirates. Men commit the most crimes and they range in ages anywhere from twenty to sixty five years old. International crime police organization.

Some problems that may make this crime data and statistics less reliable are due to the fact that the UAE’s government has a policy about reporting crimes that occur in the UAE. Overall there aren’t much violent crimes being committed in the UAE but lately there has been a rise in the overall crimes taking place there. It is hard to tell if this is due to the actual increase in crime, since there was a lack of crime reporting before or if it’s because of the increase in reporting lately

Family Law
Expats as well as Emirati couples can get married in the UAE once they meet therequirementss and the conditions set by the government. The rules and procedures for marriages vary depending on nationality and the couple’s religion. Usually it is easier for a couple with the same religion and background to get married than it is for couples with different religions. Couples with different religions may face more difficulty when trying to get married. The first step the couple that is getting a divorced should take is to register the case at the moral and family guidance section of the court. If the couple has mixed nationalities, then the laws of the husband’s home country applies. If the couple is non muslim, they can choose to seek divorce according to the laws at the embassy of their country. Whatever the case might be it is advised to seek legal advice especially for women because if a husband sponsors his wife has the right to have her visa or residence cancelled in the event of a divorce. Expats as well as Emiratis can get married and divorced in the United Arab Emirates but it is advised that it is better if you simply go home and get either married or divorced there. However if you insist on getting a divorce in the UAE, Sharia courts in Abu Dhabi apply Islamic laws when they accept divorce from Muslim men of different nationalities and from jewish or Christian women that are married to Muslim men. If the couple is Muslim but from different countries and are both residents of Abu Dhabi, then they will be divorced based on the administrative laws of their own countries. They can also decide to get divorced by UAE law if they wish.

A very common situation is when a Muslim man and a Christian woman want to get married. It is permitted that a Muslim man and a Christian woman can get married if they want to but a Christian man would have to convert to the Muslim religion in order to be able to marry a Muslim woman. Emirati men often marry women that aren’t Emirati but the opposite is usually rare. The courts in Dubai handle procedures and regulations that deal with marriages.

According to Islamic law the Sharia Court in Abu Dhabi performs marriages regardless of the applicant’s nationalities and backgrounds. However Christians can get married in a church in Abu Dhabi and have their marriage registered in the emirate. One of the main requirements is that the bride and groom to be are both residents of the UAE. The bride and groom must also show their birth certificate and certificate of marital status, which they both have to get properly attested. They can have their birth certificate and their certificate of marital status either in their home country or in the applicant’s consulate. Regardless of the woman’s age she is required by the Sharia Court to have her guardian’s approval for the marriage. In the absence of her father then the guardian can be the next closest male father figure in her life like her uncle or brother. If the father or guardian cannot e present the court will also accept his attested consent. In some rare cases if there is no one that can act as a guardian to the bride then the cleric sheikh himself will assume the role of the bride’s guardian. Once the couple has all of their required documents ready they can submit them along with their application for marriage at the Sharia Court. In order for the marriage to take place it also requires two witnesses and the whole procedure usually takes a few days to be completed and then they receive their wedding certificate.

The adoption of children from certain countries in which Islamic Shari’a law is used can be very difficult if not impossible. Many countries such as the United Arab Emirates forbid adoption. While you cannot adopt an Emirati baby, you can still adopt children from other places such as Africa, Asia and other far eastern countries. It still may not be possible for an American citizen to adopt an orphan overseas, however there are some countries in which the Shari’a law is observed where they do allow the custody of the child to be transferred through the guardians to the adopting couple.

A will is a legal document that is written during the lifetime of people that own property or assets. Many times problems can arise after a person dies and does not leave a will behind. There is a lot of confusion when it comes to the distribution of the property of the deceased person when they don’t leave behind a valid will.

In regards to the UAE being a muslim country, sharia laws are applied to everything including inheritance matters for UAE expatriates and UAE nationals. In the UAE it is very important that a will made by an expatriate be attested by their country’s consulates and that they are also legally compliant with the structure of wills that are specified by the laws of their home countries.

As far as matters of inheritance go in the UAE, they are governed by the federal law no. 5 of 1985 which has to do with the law of civil transactions in the UAE, which is also known as the civil code. It is also governed by the federal law no. 28 of 2005 regarding personal affairs in the UAE.

Generally inheritance matters in the UAE are dealt with according to Sharia laws but for foreigners or expatriates, the deceased home country’s laws apply. Even though the UAE has the Sharia law and inheritance laws, it is still not clear whether they apply it to real estate in the United Arab Emirates. Since the inheritance of property was not clarified in the personal affairs law in 2005 it has caused a lot of confusion. In one part the civil code states, that the law of the home country applies when it comes to matters of inheritance but in another part the civil code also states, that where a will made by a foreigner involves the disposal of real estate in the UAE, then the UAE laws applies to the inheritance. While the Personal Affairs Law (2005) confirms that the laws of the home country apply to foreigners when it comes to matters of inheritance, it fails to mention whether or not it applies to real estate located in the UAE.

Many lawyers in the UAE believe that if a non UAE citizen mentions in their will the disposal of their property in the UAE, the court will follow the orders and wishes left in the will of the deceased. While many others also believe that the Personal Affairs Law only applies to general matters of inheritance and that the inheritance of property in the UAE is governed by the civil code. Ultimately the UAE courts will decide how the inherited property will be distributed. The courts decide whether to apply the local laws, the laws of the deceased home country or the Sharia laws.

Human Rights and Social Iequality
In the United Arab Emirates, if you’re a member of the ruling family they will take longer to prosecute the criminal for his actions. In the case of Sheikh Issa where he caused the assault and rape of a businessman and managed to get away with it for a few years is still be questioned. It is believed that one of the main factors of the judges verdict is because he is part of the ruling family in the UAE, even though he doesn’t hold any official position in that country but he is still a half brother of the UAE’s president."This has prompted concern that the Sheikh was not held to account because of his position and influence as a member of Abu Dhabi's ruling family". These reasons had a big influence on the way the court and the judges handled this case because if it would’ve been someone else they wouldn’t have delayed the prosecution so much. In the defense of sheikh Issa, he said he had been drugged and videotaped by the other members of the crime. He walked away with virtually no punishment and everyone else that was involved in the case received a sentence of five years in jail and a fine of $10,000 dirham. According to the court Sheikh Issa had been acting under the influence of drugs, given to him by the other members of the crime who wanted to film him and later on blackmail him. Therefore the court ruled that he had “diminished liability” for the violent act against the Afghan victim.

Amnesty international wrote a letter Sheikh Khalifa Zayed Al Nahyan saying that they should conduct a more thorough investigation on this case. They have also called to the UAE government to state what they plan to do in order to investigate this situation in the criminal assault committed by Sheikh 'Issa bin Zayed Al Nahyan andn to also openly clarify who were the people involved in the crime and if there were any police members and other officials involved.

Amnesty international also added that even though the victim if this crime wanted to settle the case privately, the UAE authority should have still gone out of their way to investigate this serious criminal assault and to hold the members of this crime accountable for their actions under the law of the UAE.


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Comparative law and justice/Ghana

'Part of the Comparative law and justice Wikiversity Project

Background information

Ghana is one of the 16 officially recognized West African countries. It shares borders with Togo to the East, Cote d'Ivoire to the West, Burkina Faso to the North and the Gulf of Guinea to the South.

The total landmass of Ghana is approximately 239,000 square kilometers. Its geographical features include several mountain ranges including Mountain Afajato; many rivers of historical and economic importance including the Voltas, and Offin; and lakes including Bosomtwe. The climatic conditions of Ghana vary considerably across its territory; ranging from hot tropical conditions in south to desert conditions in the north.

The population of Ghana is estimated at about 22 million. While Accra is the capital city, there are other important ones including Kumasi, Tema, Takoradi, Kintampo and Tamale. The ratio of males to females is 49:51. There are 47 ethnic groups in Ghana, and their relation to one another can be determined by studying the differences and similarities in their spoken languages. An ethnic group is often called by the language its people speak. English is the country's official language and dominates government and business affairs, as well as being the language of educational instruction. Native Ghanaian languages are divided into two linguistic sub-families of the Niger-Congo language family ; the Kwa, and the Gur sub-families. Languages belonging to the Kwa sub-family are found predominantly to the south of the Volta River, while those belonging to the Gur sub-family are found predominantly to the north. The Kwa group, which is spoken by about 75% of the country's population, includes the Akan, Ga-Dangme, and Ewe languages while the Gur group includes the Gurma, Grusi, and Dagbani languages.

Nine languages have the status of government-sponsored languages: Akan, specifically Ashanti Twi, Fanti, Akuapem Twi, Akyem, Kwahu, Nzema; Dagaare/Wale, Dagbani, Dangme, Ewe, Ga, Gonja and Kasem .history has it that those who speak the Kwa sub-family of languages migrated to the present-day Ghana from the Chad-Niger basin area while those of the Gru sub-family came from northeastern part of Africa.

Ghana was under British colonial rule for over hundred years but gained its political independence on 6th March 1957. It the first country in the sub-Saharan Africa to gain independence. Prior to independence, the country was called the Gold Coast. The new country Ghana was named by the first president, Dr.Kwame Nkrumah who led the struggle for independence. There are two schools of thought as to why he chose that name: One, is that he named it after the ancient Ghana Empire. The other is that Ghana is an abbreviation of the phrase "God Has Appointed Nkrumah Already". Ghana became a republic on July 1st, 1960 and Dr. Kwame Nkrumah was elected the 1st president.

On February 24th, 1966, a military coup (without blood-shed) ended the rule of Nkrumah and his government. The coup was led by British-trained officers and took place while Nkrumah was paying an official visit to in Beijing. The new military government called itself the National Liberation Council (NLC). On September 1969, a multi-party election organized by the NLC and a new civilian government was formed by Dr. Kofi Busia and his Progress Party. On January 13, 1972, officers within the military once again carried out a coup and a new military government, the National Redemption Council led by Colonel Ignatius Acheampong, was instituted. On July 5, 1978 General Acheampong was forced to resign from office and General William Akuffo took over as Head of State. On May 15, 1979, a young Flight Lieutenant Jerry John Rawlings headed up an uprising within the army. This coup attempt was unsuccessful as Rawlings was arrested but was later freed by the soldiers. On June 4, 1979, days before a general election, a new military coup was carried out by Jerry Rawlings. The Armed Forces Revolutionary Council (AFRC)vtook power. On June 18, 1979, an election was held and Dr. Hilla Limann became president. On December 31, 1981, Jerry Rawlings once again overthrew the democratically elected government through a military coup and Provisional National Defence Council (PNDC) was taken over with Rawlings as chairman (Head of State). On November 1992, a multi-party presidential election was held in Ghana and surprisingly Rawlings won with nearly 60% of the votes with his newly formed National Democratic Party. On December 2000, Rawlings' presidency ended as the constitution only allows two terms in office and John Agyekum Kufour became president until December 2008 when power was reclaimed by Rawlings' National Democratic Party led by John Evans Mills.

The religious composition of Ghana in the first post-independence population census of 1960 was 41% Christian, 38% traditionalist, 12% Muslim, with the remainder having no religious affiliation. A later population census in 2000 showed that about 69% of the population are Christians, about 15% Muslims and 15% belong to other religions. Ghana is considered a secular country and it has no official religion.

Economic development, health, and education
Ghana is well endowed with natural resources. However, it depends heavily on international financial and technical assistance. Gold, timber and cocoa production are its major source of foreign exchange. The domestic economy continues to revolve around subsistence agriculture, which accounts for 34% of GDP and employs about 60% of the workforce, mainly small landholders. Industrial and service sectors account for 25% and 39% of the GDP respectively. Ghana opted for debt relief under the Heavily Indebted Poor Countries (HIPC) program in 2002, but was included in a G8 debt relief program decided upon by at the Gleneagles Summit in July 2005. Priorities to its current $38 million PRGF include tighter monetary and fiscal policies, accelerated privatization and improvement of social services. Ghana remains a candidate country to benefit from Millennium Challenge Corporation (MCC) funding that could assist in the country's agricultural export sector. As of the end of 2005, Ghana's GDP per capita was $2,500 and its economic growth rate was 4.3%. Its GDP (PPP) as of 2005 was $51.8 billion. As of 2006, Ghana's exports are at about $2.911 billion and its main export partners are the Netherlands (12.3%), the UK (10%), France (6.9%) the US (6.4%), Belgium (4.7%), Germany (4.6%) and Japan (4.2%). As of 2006, Ghana’s imports stand at $4.273 billion and its main partners are Nigeria (12.6%), China (11.4%) the UK (6.6%), the US (6.4%), France (4.9%) and the Netherlands (4.2%). Ghana’s economic freedom score is 60.2, making its economy the 87th freest in the 2010 Index. It is ranked 8th out of 46 countries in the Sub-Saharan Africa region, and its overall score is above the world average. Import bans and restrictions, services market barriers, import fees and taxes, cumbersome and non-transparent standards and regulations, weak enforcement of intellectual property rights, non-transparent government procurement, export promotion schemes, and complex and corruption-prone customs procedures makes undertaking business ventures in Ghana highly challenging. Ghana has moderate tax rates and the top personal and corporate tax rates are 25%. Other taxes include value-added tax (VAT) and capital gains tax. In the most recent year, overall tax revenue as a percentage of GDP was 20%. Inflation has been high, averaging 14.5% between 2006 and 2008.

Ghana has a range of diseases endemic to a sub-Saharan country. According to WHO, common diseases include cholera, typhoid, pulmonary tuberculosis, anthrax, pertussis, tetanus, chicken pox, yellow fever, measles, infectious hepatitis, trachoma, malaria, and schistosomiasis. Others are guinea worm or dracunculiasi, various kinds of dysentery, river blindness or onchocerciasis, several kinds of pneumonia, dehydration, venereal diseases, and poliomyelitis .WHO lists malaria and measles as the leading causes of premature death in Ghana. Among children under five years of age, 70 percent of deaths are caused by infections compounded by malnutrition. To improve health conditions in Ghana, the Ministry of Health emphasized health services research in the 1970s. In addition, WHO and the government worked closely in the early 1980s to control schistosomiasis in man-made bodies of water. Efforts have been intensified since 1980 to improve the nation's sanitation facilities and access to safe water. The percentage of the national population that had access to safe water rose from 49.2 in 1980 to 57.2 percent in 1987 and its currently about 95%. Ghana adopted a number of policies to ensure an improved health sector. These included the introduction of minimum fees paid by patients to augment state funding for health services and a national insurance plan introduced in 1989. Also in 1989, the construction of additional health centers was intensified to expand primary health care to about 60 percent of the rural community .On 18 March 2004, the government launched a National Insurance Health Scheme designed to offer affordable medical care, especially to the poor in the country. Adult Ghanaian are to pay a monthly minimum subscription of six thousand Ghanaian cedis (US $0.66). The government will cater for health treatment of the aged, the poor as well as children of parents who both subscribe to the scheme.

In addition there is a Ghana Health Service (GHS) was established under Act 525 as an agency of the Ministry of Health to ensure access to health services at the community, sub-district, district and regional levels .According to the GHS,infant mortality rate (per 1000 live births) in 2003 was 64,life expectancy at birth (in years) was 58,and the fertility rate was 4.4 .There is a total of 3011 health facilities and 42467 health care professionals in Ghana .As of 2007,the doctor/population ratio was 1:13,683 and the nurse/population ratio was 1:1,454.

The adult literacy rate in Ghana was 65% in 2007, with males at 71.7% and females at 58.3%. Presently, Ghana has 21,530 primary schools, 8,850 junior secondary schools, 900 senior secondary schools, 52 public training colleges, 5 private training colleges, 5 polytechnic institutions, 4 non-university public tertiary institutions, 8 public universities and over 45 private tertiary institutions. Most Ghanaian have relatively easy access to primary and secondary education.

Governance
Ghana has a unitary government and it also practices a constitutional democracy. It has a presidential system of government. Ghana, like most democratic countries, has three branches of government: the Executive (President and his/her Cabinet ministers), the Legislature (Parliament) and the Judiciary. The president is both the Head of State and Head of Government. The Cabinet is made up of a council of ministers nominated by the president subject to approval by parliament. In addition to the Cabinet is a Council of State made up of prominent statesmen and women who advise the president on national issues.This is a non-partisan body. However, the president does appoints some of its members. There are 230 members of parliament in Ghana representing 230 constituencies. In addition, there is a speaker of parliament along with his/her two deputies who are appointed by the president.

Ghana is divided into ten regions: Greater Accra, Western, Eastern, Central, Volta, Ashanti, Brong-Ahafo, Northern, Upper East and Upper West regions. These regions are sub-divided into 110 districts. The president appoints regional ministers for each region. In addition, he/she appoints district chief executives for each of the 110 regions.

Ghana’s legal system is comprised of a mixture of common law and customary law. Since it became a republic in 1960, Ghana has had three constitutions, 1969, 1979 and the 1992 Constitutions .The first two were suspended by military governments through coups d’état. The current constitution is from 1992. Its Article 11 states that, 'the law of Ghana shall be the Constitution, enactments made by or under the authority of the Parliament, any order, rule and regulation made by any person or authority under a power conferred by the constitution or or its subordinate legislation, the existing law or the written and unwritten law of Ghana that existed immediately before the coming into force of the 1992 Constitution, and the common law [or the English common law, English doctrines of equity, and the rules of customary law].

Article 11 (2) of the 1992 Constitution identifies the common law as a source of law in Ghana. The common law is defined as including the rules generally known as the common law, the rules generally known as the doctrines of equity and the rules of customary law including those determined by the Superior Court of Judicature.

Elections
Both the president and the vice president are elected on the same ticket to serve a four year term. A president is elected for a maximum of two terms. In addition, all members of parliament are also elected to serve for a minimum of four years. They can stand for re-election as many times as they want.

The 1992 Constitution of Ghana provided for the establishment of an electoral commission which is responsible for conducting all elections for public offices. Suffrage is universal and to qualify to vote in Ghana, one must be a Ghanaian citizen, be at least 18 years of age, be of a sound mind, be a resident/ordinary resident of the area he/she wishes to vote and must not be prohibited from any law in force from voting. .There is no penalty for not voting in Ghana.

Judicial review
Ghana has a decentralized judicial review system where ordinary citizens are permitted by law to challenge any law they deem unconstitutional. However, this is difficult to achieve as the executive often interferes with the judiciary. For example, the 1992 Constitution empowers the president to appoint an unlimited number of judges to the Supreme Court. This has often resulted in ‘judicial packing’ which makes it difficult for the court to declare a statute unconstitutional. Ghana has an adversarial judicial system due to its British colonial legacy.

Courts and Criminal Law
The Ghanaian court system is a multifaceted organization. The Supreme Court of Ghana, which consists of the Chief Justice and four other Justices, is the final Court of Appeal and has jurisdiction over matters relating to the enforcement or the interpretation of constitutional law. The Court of Appeal, which includes the Chief Justice and no fewer than five other judges, has jurisdiction to hear and determine appeals from any judgment, decree, or High Court of Justice's order. The High Court of Justice, which consists of the chief justice and no fewer than twelve other justices, has jurisdiction in all matters, civil and criminal, other than those involving treason. The civil law in force in Ghana is based on the common law's doctrines of equity and general statutes which were in force in England in 1874, and was modified by subsequent Ordinances. Ghanaian customary law is, however, the basis of most personal, domestic and contractual relationships. Criminal law is based on the Criminal Procedure Code of 1960, derived from English criminal law, and since been modified through amendment and have been incorporated into the 1992 Constitution.

Legal safeguards are based on the British legal procedure. Defendants are presumed innocent, trials are public, and defendants have a right to be present, to be represented by an attorney (at public expense if necessary), and to cross-examine witnesses. In practice, authorities generally respect these safeguards.

Punishment
Two of the three categories of the offences cited in the Criminal Code concern offences against the individual. The third category includes a series of offences against public order, health and morality, and the security of the state as well as piracy, perjury, rioting, vagrancy, and cruelty to animals. Several offences reflect Ghana's traditional laws, including drumming with the intent to provoke disorder, cocoa smuggling, and settlement of private disputes by methods of traditional ordeal.

Criminal court procedure is guided by the Criminal Procedure Code of 1960 as subsequently amended. As in English law, the principle of habeas corpus is honoured, and the courts are authorized to release suspects on bail. Ghana's legal system does not use grand juries, but, in accordance with constitutionally guaranteed fundamental rights, defendants charged with a criminal offense are entitled to a trial by jury.

Five degrees of offences are recognized in Ghana. Capital offences, for which the maximum penalty is death by hanging, include murder, treason, and piracy. First-degree felonies punishable by life imprisonment are limited to manslaughter, rape, and mutiny. Second-degree felonies, punishable by ten years' imprisonment, include intentional and unlawful harm to persons, perjury, and robbery. Misdemeanors, punishable by various terms of imprisonment, include assault, theft, unlawful assembly, official corruption, and public nuisances. Increased penalties apply to individuals with a prior criminal record. Corporal punishment is not permitted. Punishments for juveniles are subject to two restrictions: no death sentence may be passed against a juvenile, and no juvenile under the age of seventeen may be imprisoned.

The death penalty is rarely used in Ghana except for very serious crimes such as terrorism, first degree murder, high treason. In 2008, the government commuted at least 43 death sentences and granted amnesty to 1,815 prisoners.

Legal personnel
Ghana is a common law jurisdiction and as a result, case law and precedent plays an important role in the law and its development. Article 125(3) of the Ghanaian Constitution states that the judicial power in Ghana shall be vested in the supreme judiciary. Article 127 mandates the independence of the judiciary. Article 129 also states that the Supreme Court shall be the final court of appeal. In addition to the Supreme Court, the Constitution also provides for a Court of Appeal and a High Court. Article 139(4) empowers the Chief Justice to create divisions of the High Court. There are also Tribunal Courts, some of whose membership include non-legal professionals. The order of judicial hierarchy in Ghana is: the Supreme Court, the Courts of Appeal, the High Court, Magisterial and Traditional Courts, and District Tribunals.

In Ghana, all judges are appointed by the president. Article 144 of the Constitution empowers the president to appoint the Chief Justice 'acting in consultation with the council of state and approval of parliament'. The rest of the Supreme Court judges are also appointed by the president 'acting on the advice of the judicial council and consultation with the council of state and approval of parliament'.

Article 153 of the Ghanaian Constitution provides for the establishment of a judicial council which advices the president on legal matters. It has 19 members including the Chief Justice, the Attorney General and one judge from each of the following: the Supreme Court, the Court of Appeal and the High Courts, as well as two representatives from the Ghana Bar Association, and other members of the legal profession as well as non-legal professional appointed by the president. In addition to the power to appoint, the President has also been given the power by Article 146 to dismiss judges.

In Ghana, legal education is often attained at the graduate level after a student has completed a university education. Judges are expected to practice the law as lawyers for some time to acquire the necessary experience before they can be appointed to sit on the bench.

Law enforcement
Ghana has a centralized single police system. The head of the Ghana Police Service is the Inspector-General of Police who is appointed by the president in consultation with his Council of State. The Ghana Police Service has nine different units which are organized under two main groupings under the Inspector-General of Police:Administrative and Operations(Reichel,2008).The deputy Inspector-General of Police for Administration is responsible for four 'schedule';ranging from police recruitment and training to budget and finance matters(Reichel,2008).The deputy Inspector-General of Police for Operations also has four responsibilities including;the criminal investigation division (CID),operation (eg traffic,anti terrorism),and the legal unit (Reichel,2008).In addition,there is also a police intelligence and professional standards often referred to as the (PIPS) .Under the Inspector General of Police and his two deputies are Regional Commanders (there are 11 of them),Divisional Commanders,and District Commanders in descending order.Implementation of policing duties are provided by the Regional Commander which is then carried to the lower ranks.Police offices,stations and posts are at the district levels.Additionally,the Ghana Police Service has a special unit called the Domestic Violence and Victim Support Unit (DOVVSU)which is responsible for investigating violence and abuses against women,children and domestic violence.Ghana also has a Striking Force (Buffalo Unit)which serve as body guards for government officials and sometime given an extra duty of arresting hardened criminals.

Recruitment into the police is done at the rank-and-file at the commissioned-officer levels. All recruits must be Ghanaians by birth between eighteen and twenty-five years of age, must pass a medical examination, and must have no criminal record(Reichel,2008). Escort Police applicants must have at least basic facility in spoken English. General Police applicants must have completed middle school or junior secondary school, and officer corps applicants must hold a university degree.

Crime Rates and Public Opinion
Crimes are very common in Ghana and the most prevalent ones are ,robbery,theft,assaults,bribery and child labor. The crime rate in Ghana is very low compared to those of industrialized countries .According to INTERPOL, between 1996 and 2000,the rate of murder increased from 2.23 to 2.48, an increase of 11.2%. The rate for rape increased from 4.04 to 6.85, an increase of 69.6%. The rate of robbery increased from 1.12 to 2.15, an increase of 92%. The rate for aggravated assault increased from 404.51 to 448.42 per 100,000, an increase of 10.9%. The rate for burglary decreased from 4.42 to 1.3, a decrease of 70.6%. The rate of total index offenses increased from 416.32 to 461.28, an increase of 10.8% (noting that data on larceny was not reported in 1996 and motor vehicle theft in neither 1996 nor 2000). Reliable crime data will be very difficult to get as most crimes in Ghana goes unreported, probably due to the way the society is organized.Crime victims are most likely to report incidence of victimization to their parents or family members than to the police.In addition,the general public does not trust the police to handle their problem because of the police's own track record of corruption.Besides,the police are poorly resourced to gather any meaningful data on crime.

Corruption is perceived as significant. Ghana ranks 67th out of 179 countries in Transparency International’s Corruption Perceptions Index for 2008, a slight improvement for the second consecutive year. Corruption is comparatively less prevalent in Ghana than in most African countries in the region. A recent poll measuring public trust in the government found that the courts were one of the least trusted institutions, second only to the police.

Rights
The 1992 constitution of Ghana protects the civil,universal and the fundmental human righs of the citizens.Chapter 5 of the constitution is dedicated to these rights.

Family Law
Basically,there are two laws governing marriage in Ghana;Marriage of Mohammedans Ordinance 1907 and Matrimonial Causes Act 1971.4 Marriage Guardianship: Marriage of Mohammedans Ordinance specifies that marriage is solemnized in presence of bridegroom, brides wali, and two witnesses; Criminal Code identifies causing someone to marry under duress as misdemeanor. Most marriages are performed under customary law, and written records are kept only if the couple chooses to register the marriage with the local council. Persons married under customary law who subsequently wish to marry under civil law must obtain a civil marriage certificate which reflects the words "married under native customary law" in the space provided for "condition". Polygamous marriage is permissible under the customary law of some groups, but not under civil law.

Certificates for the dissolution of a civil marriage may be obtained from the court that granted the divorce. Proper documentation of the dissolution of a customary marriage is a decree, issued by a high court, circuit court or district court under the Matrimonial Causes Act of 1971 (Act 367), Section 41(2), stating that the marriage in question was dissolved in accordance with customary law.

Adoption can be made legally in Ghana only through the Department of Social Welfare.Prospective adoptive parents must be resident in Ghana a minimum of three months prior to adopting a child .The applicants must be at least 25 years of age and at least 21 years older than the child .An application for adoption may be made jointly by a husband and wife,although same-sex couples are not allowed to adopt children in Ghana, nor are single males unless the child to be adopted is their biological child .Applicants must be gainfully employed and she/he must be of sound mind and must undergo a medical exam as part of the pre-approval process.

The principal laws relating to inheritance in Ghana are the following,Constitution of the Republic of Ghana, 1992 ,Administration of Estates Act, 1961 (Act 63) ,The Wills Act, 1971 (Act 360) ,Intestate Succession Act, 1985 (PNDC Law 111) ,Intestate Succession Amendment law, 1991 (PNDC Law 264) 'Conveyancing Act, 1973 (NRCD 175) and The Marriages Act, 1884 – 1985 (Cap 127). Ghanaian law is emphatic that, in relation to immovable property, the law of the place where the property is located is applicable .For example,under the Ghanaian Interstate Succession Act of 1985, in the absence of a will, the entire estate of the deceased devolves to the next of kin. The compulsory beneficiaries are the children, spouse and parents of the deceased. The fraction of the estate distributed to each heir varies according to the numbers and categories of heirs involved in the distribution .The surviving spouse and/or children are entitled to all the household chattels of the deceased.

The constitution of Ghana also guarantees citizens rights to privacy and to own properties.I says in chapter 5 that "every person has the right to own property either alone or in association with others and 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 the rights or freedoms of others.

Social Inequality
The current school attending rate for school going age person at all levels of education in Ghana is 86%.the rate for females is much lower than that of males especially in the three northern regions .the average annual expenditure incurred by a household on a person going to school or a university is 88.86 GH.cedis (about $63) .This figure is however very high in Accra and other urban area(280.81 GH.cedis,about20 $200) .The income gab between the rich and poor in Ghana is very wide.Higher education is still reserved for the rich.

Human Rights
In theory, all Ghanaian citizens have equal rights. Article 5(2) of the 1992 constitution of Ghana says that "every person in Ghana, whatever race, place of origin, political opinion, color, religion, creed or gender shall be entitled to the fundamental human rights and freedom of individuals but subject to the respect for the rights and freedom of others and of the general public" Section 3 of the same Article says "no person shall be deprived of his life intentionally except in the exercise of execution of sentence of a court in respect of a criminal offense under the law of Ghana of which he was convicted". .In addition,Article 5 of the constitution also says that " person who is arrested, restricted or detained shall be informed immediately; in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice" .It also says that "a person who is arrested, restricted or detained for the purpose of bringing him before a court in execution of an order of a court; or upon reasonable suspicion of his having committed or being about to commit a criminal offense under the laws of Ghana, and who is not released shall be brought before a court within forty-eight hours after the arrest, restriction or detention and that a person who is unlawfully arrested, restricted or detained by any other person shall be entitled to compensation from that order person" .The constitution of Ghana also states that "all persons shall be equal before the law and that a person shall not be discriminated against on grounds of gender, race, color, ethnic origin, religion, creed or social or economic status" .In spite of all these constitutional guarantees of fundamental rights and equality,the justice system habitually discriminates against poor and the weak.The police only protect the rich against the poor and in fact it is very common for the rich to bribe the police to torture and/detain someone for no reason.

title: Comparative law and justice/Ghana