University of Cape Coast Journals
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Environmental health quality of life of the aged with disability in selected districts in the Upper West region of Ghana
Get PDFA substantial proportion of the aged population will have to face frailty and dependency. As a result, environmental health care for the aged with disability has become a public health concern. Therefore, the study examined the environmental Health Quality of Life (QOL) of the aged with disability in selected districts in the Upper West Region of Ghana. The study employed a census survey and questionnaires to collect data from 810 aged with disability. Independent-samples t-test and one-way Analysis of Variance (ANOVA) statistical tools were used. The analysis revealed a significant difference [F (807) = 22.318 value, p = 0.000] in environmental health QOL across age of the respondents, such that those aged 60-69 years had the highest mean score and those 80 years and older with lowest mean score. Further, mean scores were higher for those with physical disability than those with visual disability with a significant difference [t (808) = 4.085, p = 0.000] in environmental health QOL between type of disability. The study revealed the important role played by the background characteristics of the aged with disability in influencing their environmental health QOL. The study recommends that family members and governmental agencies continue to assist in the provision of environmental needs of the aged with disability
INTERNATIONAL HUMANITARIAN LAW AND MEDICAL CONFIDENTIALITY
Get PDFThis study focuses on appraising the right of the wounded and sick to medical confidentiality within the context of international armed conflict in International Humanitarian Law. It finds a correlation between the right to medical confidentiality and the general protection accorded to the wounded and sick in IHL. The paper argues that in hostilities, just like in peacetime, the right to medical confidentiality exists to protect the wounded and sick. However, it is the major finding of this paper that as important as the right to medical confidentiality may be, because military medical personnel owe dual loyalty, (one to the medical profession and the other to the Military), they face the dilemma of striking a balance between these responsibilities, which in turn affects their obligation to respect medical confidentiality. To address this challenge, the paper recommends greater commitment and respect by States to their obligations under IHL through the provision of adequate training for their military and civilian medical personnel on what the duty of confidentiality entails; and the stipulation of effective sanctions against the violation of this right through their domestic laws
TAX APPEAL PROCEDURE IN NIGERIA: REQUIREMENT FOR PAYMENT OF SECURITY DEPOSIT PRIOR TO FILING AN APPEAL AGAINST ADVERSE TAX ASSESSMENTS AND ADVERSE TAX RULINGS
Get PDFRecent legislation and administrative rules now require an aggrieved taxpayer to pay a security deposit prior to prosecuting a tax appeal. It is argued that the tax appeal procedure must not deny an aggrieved taxpayer of his right to a fair hearing under Sections 6(6) and 36 of the 1999 Nigerian Constitution. The method adopted in the Paper is to review all the applicable statutes and the decisions of the Nigeria Tax Appeal Tribunal (TAT), while taking the position that the administrative court rules mandating payment of security deposits are untenable in law, equity, and in practice. The Paper finds that there are multiple statutes providing for payment of security deposit pending tax appeal, to wit- (a) 2007 Federal Inland Revenue Service (Establishment) Act, (b) Federal High Court (Federal Inland Revenue Service) Practice Directions 2021, (c) Tax Appeal Tribunal (Procedure) Rules 2021, and (d) Federal High Court (Tax Appeal) Rules 2022. The constitutionality, scope and extent of the security deposit requirement have become a subject matter of intense discourse, with conflicting TAT decisions in Multichoice v. FIRS, First Bank v Taraba, and Investment Holdings v. FIRS. There are no decisions of the superior courts on these provisions yet. The Paper concludes that security deposit requirement provisions violate the fair hearing rules under the 1999 Constitution and that disputes on taxes payable to the sub-National States (tax revenue accruable to States) are clearly not subject to the security deposit payment rules. The paper recommends the introduction of an amendment for the appointment of a Special Panel to hear tax appeals where there are conflicting cases filed before or decisions issued by coordinate tax appeals/tribunals so as to prevent multiple opinions
THE FISHERIES SECTOR IN GHANA: INSTITUTIONAL AND REGULATORY GAPS, CHALLENGES AND FUTURE PROSPECTS
Get PDFThe fisheries sector in Ghana contributes significantly to its socio-economic development. The sector contributes about 4.5% of Ghana’s Gross Domestic Product (GDP) and provides livelihood for an estimated 10% of the population.[1] The Ghanaian fishing fleet is made up of artisanal or canoe, inshore or semi-industrial, industrial trawler and tuna fleets,[2] all of which are regulated by the Fisheries Commission (FC). This paper examines the inherent institutional and procedural contradictions undermining the implementation of fishery law and policy in Ghana. The paper adopted a review approach by reviewing relevant literature including policies and legal documents, reports, journal articles, newspaper articles and interviews. The study reveals that contradictions undermining fisheries law implementation is due mainly to weak and inadequate enforcement, low compliance of fisheries laws, and inadequate institutional and human capacity.[3] The paper concluded that there is a lack of administrative and technical capacity, inadequate funding, and political influence during the prosecution of violators.[4] The paper recommended the need to increase funding for regulatory agencies, enhancement of human and institutional capacity, involvement of stakeholders in decision-making of fisheries management, continuous and effective collaboration with international donors, and between stakeholders
How effective are international framework agreements in subsidiary companies of multinational enterprises? A case study of the international framework agreement of Anglogold Ashanti, Ghana
Get PDFThis paper investigates issues relating to the two International Framework Agreements (IFA) of 2002 and 2009 of AngloGold Ashanti (AGA). IFAs have emerged as a necessary and innovative instrument of global industrial governance (Hammer, 2005) and the globalisation of business activities, and they influence financial direct investments and multinational corporations. The study investigated the effectiveness of IFA in the operations of AGA, focusing on stakeholders’ awareness/knowledge and appreciation of IFAs and the relevance and functionality of the IFA in the operations of AGA. The study occurred within the theoretical framework of sociology of law/legal sociology, which stipulates that an agreement is effective if it ensures designated effects and shapes social behaviour in a predetermined and socially appropriate manner. The methodology was qualitative with a case study design entailing data from desk research and interviews among selected mining stakeholder groups of national and local unions, AngloGold staff, government agencies, academics/researchers, other professionals and NGOs. The results showed that there was little or no awareness/knowledge of IFAs and, therefore, there was virtually no appreciation of the relevance and appreciation of these global agreements. Although AngloGold was purported to be an IFA signatory in all industrial relations literature as it deals with such framework agreements, there was no functioning IFA at AngloGold. While such agreements within the world of industrial relations are very relevant and functional especially outside Africa, this research has shown that local and national unions should be assisted by their global counterparts to deal with the challenges of international labour standards to make such IFAs very relevant and functional in Africa
A SYSTEMATIC REVIEW OF PATIENT PERSPECTIVE ON THE INFORMED CONSENT DOCTRINE: ETHICAL AND LEGAL REFLECTIONS
Get PDFInformed consent is an ethical and legal doctrine of patients’ right of acquiescence to treatment and the disclosure of adequate information by the physician to facilitate patients’ medical decisions. The doctrine seeks to expand the scope of potential legal liabilities of medical practitioners and to promote patients’ rights to medical care. A breach of the informed consent doctrine could be actionable in battery or assault when there is bodily trespass without consent and the tort of clinical negligence when there are inadequate disclosures. This article is a desk-top systematic review of primary data from seven independent empirical studies on informed consent from the perspective of the patient in five common law African countries. The publications which were purposively searched and extracted from Google Scholar reveal that though majority of patients (at least 79 percent) granted consent for treatment, there was insufficient disclosure of material complications or risks, treatment alternatives or the right of patients to refuse medical treatment if they so wished. Disclosures on material risks were as low as 21.2 percent of patients. The physician’s competence in providing adequate information disclosure, demands continual medical training in the practice of the informed consent doctrine. The application of communication strategies that could enhance patients’ capacity to understand the informed consent process is recommended. Additionally, clear guidelines from relevant regulatory bodies are recommended to promote patient rights to informed consent and to protect medical practitioners from potential legal liabilities
HUMAN RIGHTS AND CORPORATE SOCIAL RESPONSIBILITY AS IMPERATIVES FOR ABATING OIL SPILLAGES
Get PDFThe Niger Delta region is one of the major areas where the problem of oil spillage is prevalent. Over the years, several enactments have been promulgated with a view to abating the problem. Despite the existence of these enactments, the problem of oil spillage persists. The effect of oil spillage which ranges from environmental, health, economic and other negative developmental effects severely impinge on the enjoyment of human rights, particularly the right to life. Using the doctrinal method of research, this study makes use of both primary and secondary sources to analyse the nature and scope of human rights and the concept of corporate social responsibility (CSR) with a view to proffering a solution to the problem of oil spillage in the Niger Delta region. This study calls for a liberal interpretation of the relevant human rights provisions in the constitution and treaties as well as the adoption and enforcement of the principles of CSR as a way of abating the incidences of oil spillage in the Niger Delta region. This paper further advocates the imposition of stiffer penalties on erring Multinational Oil Companies whose activities negatively impact on the environment. This paper makes a case for the adoption of a corporate environmental system beyond the provision of basic amenities to oil producing host communities
Use of rhetorical strategies in counselling at the Counselling Centre, University of Cape Coast, Ghana
Get PDFThe study explored the rhetorical strategies used by counsellors during counselling sessions. The idea was to discover what rhetorical strategies are employed by counselors to elicit relevant information from their counsellees and how effective the use of these rhetorical strategies are in communication between counsellors and their counsellees. Using Aristotle’s theory of rhetoric and a qualitative approach, the researchers studied selected counsellors and counsellees at the University of Cape Coast. The data were gathered through interviews and observation. The data were analysed thematically, and the results showed that assurance of confidentiality is a strong rhetorical strategy used during counselling. Other rhetorical strategies such as giving counsellees unconditional positive comments and empathy are very essential for a successful counselling process. Regarding the benefits of rhetorical strategies, the results indicated that counsellors’ use of rhetorical strategies helps counsellees to disclose sensitive information. Also, rhetorical strategies help counsellors determine if counsellees are benefitting from the counselling interaction. These strategies include observation, learning situation, follow-up and evaluation during counseling process. Based on the findings, the researcher recommended that counsellors at the Counselling Centre of the University of Cape Coast should attach more relevance to the rhetorical strategies they use in communicating with their counsellees
Ethnographic and functional perspectives of tilapia names among the Ewe of Ghana
Get PDFModern methods of rearing tilapia in recent years and the importation of same may have contributed to the increase in the consumption of tilapia in Ghana as a whole, particularly among the Eʋe. Most organisms, including animals and fish, are named but they may not respond to their names as humans do. Observation also shows that consumers of tilapia are mostly conversant with the generic name of the fish and less interested in particularising the different species with their names. This paper seeks to investigate the essence of animal names with particular reference to tilapia among the Eʋe of Ghana. The research questions that are germane to the study are the following: Does the composition of names of tilapia derive from their physical characteristics? What knowledge do the Eʋe have about the names of tilapia and how does their knowledge influence the production, marketing and consumption of tilapia. The paper adopts a descriptive design approach in data collection and analysis. It establishes that the idiosyncrasies and general physical features of tilapia reflect in their naming system. Analysis also reveals that the names are both free and bound morphemes. The data further shows that geographical location, vocation, sex and age dynamics affect knowledge on the names of tilapia. These, to some extent, influence the production, marketing and consumption of the fish. The paper, therefore, concludes that even though organisms may not respond to their names, the names of those organisms such as tilapia are relevant to the people who ascribe these names to them
THE IMPERATIVE OF A REGULATORY FRAMEWORK FOR THE ESTABLISHMENT OF A NATIONAL CRIME DNA DATABASE IN NIGERIA
Get PDFThe evolution of DNA sequencing and analysis has had an extensive impact on criminal justice in many jurisdictions because it provides an opportunity for crime laboratories to develop distinct personal profiles required to identify crime suspects. This is connected with Locard’s principle of exchange that perpetrators of crime usually leave traces at the crime scene and take traces from the crime scene along with them. DNA evidence has led to the arrest of previously unidentifiable perpetrators of the crime and the exoneration of wrongfully convicted persons. The functionality of DNA technology in criminal justice depends on the existence of a comprehensive DNA database. However, obtaining DNA samples from suspects has been challenged as a bio-invasion of the suspect’s right to privacy and cause of citizen stigmatization. DNA analysis is also susceptible to unscrupulous manipulations in forensic science laboratories. To avert potential legal challenges, countries with comprehensive DNA databases have evolved extensive regulatory frameworks to oversee the collection and retention of DNA samples of suspects. The collection of DNA samples in Nigeria for crime solving is still at a very elementary stage and a national DNA database does not exist. This paper aims to undertake a comparative legal analysis of relevant case laws as well as legislations in jurisdictions such as the United Kingdom, United States of America and South Africa to advance the argument that it has become imperative to put in place a regulatory framework that will control the collection and storage of DNA samples as well as dictate the conduct of forensic laboratory scientists. A national DNA database is vital to combat crime but it must be subject to a regulatory framework