Legal Overview, Key Provisions and Implications

On Tuesday, 17 February 2026, the Human Sexual Rights and Family Values Bill, 2025 (anti-LGBTQ+ bill) received its First Reading in the and was subsequently referred to the Parliamentary Committee on Constitutional, Legal and Parliamentary Affairs for further consideration.

The Bill, originally introduced in 2021 and passed in 2024 before lapsing, has now been reintroduced in the 9th Parliament. If enacted, it would significantly expand criminal sanctions related to same-sex relationships and extend liability to individuals, institutions, media platforms, property owners, and organisations perceived to be promoting, supporting, or advocating for LGBTQ rights.

The Bill goes beyond criminalising certain conduct. It creates broad obligations on parents, educators, religious institutions, and the media to promote a state-defined understanding of “family values.” It introduces mandatory reporting requirements, extends liability to digital platforms and corporate officers, dissolves existing LGBTQ organisations, and amends the to make offences under the Bill extraditable.

The reintroduced Anti-LGBTQ Bill now contains nineteen (19) clauses, reduced from the twenty (20) clauses in the version previously passed by the Parliament of Ghana before it lapsed. Despite the numerical reduction, the substantive provisions remain largely similar in structure, scope, and intent. The core criminal prohibitions, expanded liability for advocacy and funding, restrictions on education and media expression, dissolution of organisations, mandatory reporting obligations, and the amendment to the Extradition Act, 1960 have been retained in materially comparable form. As such, the current draft reflects continuity rather than significant reform, preserving the central enforcement framework of the earlier version.

Observers have raised concerns that its broad provisions may affect constitutional freedoms including freedom of expression, association, privacy, access to healthcare, housing rights, and civic participation.

Given the serious constitutional, human rights, and governance implications, we urge the to reject the Bill in the interest of upholding democratic principles and protecting the rights and dignity of all persons. We further call on President , should the Bill be passed, to decline assent and act in defence of Ghana’s constitutional order and international human rights commitments.

Download a copy of the Human Sexual Rights and Family Values Bill, 2025 below:

ARRANGEMENT OF SECTIONS: SUMMARY TABLE

Section (As Titled in the Bill)	Implications (Including Key Quotes from the Bill)	Examples in the Ghanaian Context	Punishment
1. Application	Applies to a person who “holds out as” LGBTQIAP+, is “involved in the promotion of, propagation of, advocacy for, support or funding of LGBTTQAP+,” provides or undergoes gender-affirming procedures (except intersex correction), or engages in prohibited sexual activity.	University student openly identifying as gay; NGO advocating equality; doctor providing gender-affirming care.	No direct penalty (defines scope).
2. Duty to promote human sexual rights and family values	Requires parents, teachers, religious bodies, media and State institutions to “promote and protect… human sexual rights and family values” and ensure they are “preserved and integrated into the fabric of national life.”	Schools limiting discussion of sexual orientation; media avoiding LGBTQ-related content; public institutions aligning programming to binary gender framework.	No specific penalty stated.
3. Prohibition of LGBTTQAP+ and related activities	Criminalises engaging in same-sex sexual intercourse, “holding out as” LGBTQI identities, undergoing or providing gender-affirming procedures (except intersex correction), and certain marriages.	Same-sex couple in a relationship; transgender person publicly identifying; clinic offering gender-affirming healthcare.	2 months–3 years imprisonment and/or 750–5,000 penalty units.
4. Procuration	Prohibits procuring another person through “threat, obstruction… inducement, false pretence” to engage in prohibited acts.	Allegations of “recruitment” in schools or universities; peer discussions interpreted as inducement.	3 months–3 years imprisonment and/or fine.
5. Detention with intent to commit prohibited sexual activity	Criminalises detaining a person “with intent to cause that other person to engage in a sexual activity prohibited under this Act.”	Holding someone against their will for sexual purposes.	3 months–3 years imprisonment.
6. Keeping a brothel for a prohibited sexual activity	Prohibits keeping premises for prohibited acts or allowing property to be used for such purposes.	Landlords evicting tenants suspected to be LGBTQ; hotels denying rooms to same-sex couples to avoid risk; Airbnb hosts declining bookings.	3–6 years imprisonment.
7. Prohibition of gross indecency	Criminalises “public show of romantic relations” between persons of the same sex and cross-dressing “with intent to engage in an act prohibited.”	Two men holding hands in Accra Mall; public affection on campus; transgender person presenting in affirmed gender.	6 months–1 year imprisonment.
8. Void marriage	Declares same-sex marriages void; prohibits administering, witnessing or aiding such marriages.	Religious leader blessing same-sex union; registrar issuing certificate; foreign same-sex marriage not recognised.	1–3 years imprisonment (for officiating/assisting).
9. Prohibition of propaganda of, promotion of and advocacy for activities prohibited under this Act	Criminalises producing or distributing material “for purposes of promoting an act prohibited under this Act.” Extends liability to media owners and platform operators unless they prove lack of consent and due diligence.	Blogger publishing supportive article; radio discussion; WhatsApp group admin sharing advocacy content.	5–10 years imprisonment.
10. Prohibition of propaganda of, promotion of and advocacy for activities directed at a child	Prohibits materials directed at a child with intent to “evoke the interest of the child” or “teach the child to explore any gender… other than the binary category.”	School counsellor discussing gender diversity; youth workshop; children’s literature depicting same-sex parents.	6–10 years imprisonment.
11. Prohibition of funding, sponsorship or promotion of prohibited acts	Criminalises funding or sponsoring prohibited acts; principal officers of organisations may be deemed liable.	Donor funding LGBTQ support programme; organisation receiving grant for advocacy.	3–5 years imprisonment.
12. Disbandment of LGBTTQAP+ group, society, association, club or organisation	Automatically disbands any organisation whose purpose is to “promote, facilitate, support or sustain” prohibited acts.	LGBTQ community support group required to cease operations.	No direct penalty (see Section 13).
13. Prohibition of LGBTTQAP+ group, society, association, club or organisation	Criminalises forming, organising, facilitating or participating in such groups.	Hosting private meeting; registering advocacy organisation; participating in support activities.	3–5 years imprisonment.
14. Prohibition of adoption order for LGBTTQAP+ persons	Court shall not grant adoption if applicant is LGBTQIAP+.	Adoption application denied based on sexual orientation.	Administrative prohibition.
15. Prohibition of grant of fosterage for LGBTTQAP+ persons	Department of Social Welfare barred from granting fosterage to LGBTQIAP+ persons.	Foster care application denied.	Administrative prohibition.
16. Duty to report and prohibition of extra judicial treatment	Requires a person with knowledge of an offence to report it. Also prohibits verbal or physical abuse of accused persons.	Neighbour reporting suspected relationship; community leader required to forward report within 3 days; attempts to prevent mob justice.	3 months–3 years imprisonment (for harassment/abuse).
17. Regulations	Minister may make Regulations for “effective and efficient implementation” and provide for assistance for intersex persons.	Regulations affecting healthcare; possible standardisation of medical “correction” to align with binary sex categories.	No direct penalty.
18. Interpretation	Defines key terms including “gender” as binary, excludes comprehensive sexuality education, defines “ally,” and broadly defines LGBTTQAP+.	Broad interpretation may affect media, education policy, civil society work.	No penalty.
19. Consequential amendment	Amends the to include offences under this Act.	Offences may become extraditable under Ghana’s treaties, potentially affecting individuals connected to countries such as the or , subject to treaty terms.	Enables extradition proceedings (no new sentence created).

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