INTRODUCTION
“It seems I will have to put my career on hold for a while to take care of my children.”
I heard this for the first time when I started practicing as a lawyer in Ghana from a woman I deeply admire, and since then, I have heard it from several others. These are educated, committed women who were fully committed to their careers. Yet after critically assessing their situation and weighing their options, they concluded that stepping back from work for a while was the only way to give their children the care they needed.
This reality raises a simple but important question. If our systems make it almost impossible for women to combine both roles, how do we encourage young girls, especially those in rural areas, to pursue education and aspire to leadership if the pathway ahead still demands a tradeoff between ambition and family life?
Women’s participation in the labour market has increased significantly,[1] but the burden of care continues to fall heavily on them. The years in which women are most productive professionally often coincide with the years in which they carry the greatest family responsibilities.[2] In some developed countries like the United States, skilled women who have access to formal sector jobs and high wages are known to postpone marriage and childbearing to accommodate work and caring.[3]
Some countries have responded to this challenge with deliberate policies. Many offer parental leave to both parents, flexible working arrangements, and accessible childcare, which give women space to build careers without undermining family life.
GHANA’S CONSTITUTION (ARTICLE 27) AND THE LABOUR ACT
In Ghana, there are laws to ensure that women are not denied equal opportunity to exercise their economic rights because of social responsibilities. The Constitution recognizes the need to support women who combine work and caregiving.[4] Article 27 provides as follows:
(1) Special care shall be accorded to mothers during a reasonable period before and after child-birth; and during those periods working mothers shall be accorded paid leave.
(2) Facilities shall be provided for the care of children below school-going age to enable women, who have the traditional care for children, realize their full potential.
The Labour Act also provides maternity leave, and some public institutions have extended it beyond the traditional twelve weeks.[5] A few private employers also provide additional support.
However, the current framework still leaves women carrying much of the caregiving burden, especially against the backdrop that women are deemed to be the default caregivers. Women then have to adjust, step back, or exit the workforce entirely.
THE REALITY GAP
Despite progress, the lived experiences of many working women show that there are serious gaps between law and lived reality.
For example, in a recent assessment among healthcare workers in Agona‑West District, although all respondents indicated they had “paid maternity leave,” 7.8 % reported receiving less than the statutory twelve weeks, and only 25 % expressed satisfaction with their childcare arrangements. Many also noted that their child’s health or their own could be at risk if they returned to work too soon or lacked adequate support.[6]
Other findings from studies and experiences include:
- Caregiving expectations fall almost entirely on women.
- Paternity leave is still not part of Ghana’s statutory regime.
- Workplace childcare is rare.[7]
- Hybrid and flexible work are not consistently supported.
- Women are often passed over for high-profile tasks due to assumptions about availability.
- The cost of leaving the workforce, even briefly, is high and long-lasting.
WHAT IS THE WAY FORWARD?
To actualize women’s economic and social rights in Ghana, more policy measures must be put in place.
- Introducing Paternity Leave in Ghana
One meaningful step forward is the introduction of statutory paternity leave. It is one of the most urgent and widely discussed reforms today. This conversation has gained momentum in recent years. Labour unions, civil society groups, gender advocates, and the Ministry of Employment and Labour Relations have all discussed it as part of the ongoing Labour Act review.[8] A few employers have already taken the lead by offering short paternity leave through internal policies.[9]
Globally, paternity leave has been transformative in some countries, including some on the African continent – Kenya: 2 weeks;[10] South Africa: a recent landmark court ruling aims to provide equal parental leave for both parents;[11] Rwanda: 7 days;[12] Norway/Iceland: shared parental leave (one of the most effective models globally).[13]
Paternity leave levels the playing field for working mothers. It also does more than give fathers time off. It reduces the pressure on mothers, supports postpartum recovery, and helps mitigate the professional setbacks that often follow childbirth. When men are supported to share the early responsibilities of parenting, women are better positioned to stay in the workforce, pursue leadership roles, and avoid the subtle penalties that arise when employers assume women will always be less available. Men who take paternity leave have revealed that it helps them support their partners’ career goals and helps to minimize the negative impact on career progression.[14] Beyond simply providing paternity leave, companies should actively encourage fathers to use it by offering incentives such as bonuses or extended leave for those who take the full period.
- 2. Workplace Childcare and Early Childhood Support
Workplace childcare is another critical measure. Article 27(2) anticipated this need decades ago, and it remains one of the most practical ways to ease the burden on working mothers. The provision is clear. It requires that facilities be provided for the care of children below school-going age to enable women to realize their full potential. The framers of the Constitution recognized that motherhood may be a barrier to breaking the corporate glass ceiling, hence the need to make this provision mandatory.[15] Yet, more than three decades after the Constitution came into force, Ghana cannot boast of any widespread policies that make this constitutional mandate real in the everyday lives of working women.[16]
A few organizations in Ghana now have on-site nurseries, and some banks and international organizations in Accra have lactation rooms. Several NGOs also provide childcare.[17] These examples show what is possible.
Many governments have expanded their social policies in early childhood care.[18] Providing daycare facilities would boost the human capital development of infants and encourage the female labour supply, as women who lack the resources to access affordable childcare will take advantage of this. Affordable and accessible childcare facilities, whether at workplaces or through community partnerships, would significantly reduce absenteeism, improve the mental well-being of women, and help women maintain stable employment.
- 3. Hybrid Work, Flexible Hours, and Return-to-Work Pathways
COVID-19 changed the world of work, and Ghana is no exception. This changed world of work also offers new solutions. Hybrid arrangements, flexible hours, and structured return-to-work programs are now common in sectors such as banking, consulting, tech, and international development, and in multinational companies and large institutions in Ghana.
These arrangements support working parents, reduce burnout, improve work-life balance, and allow women to maintain stable careers during their children’s early childhood years. They recognize that parents can be fully productive workers when given the right support.
Return-to-work programs also matter. A few institutions in Ghana have piloted “returnships,” mentorship programs, and refresher training sessions for women returning from maternity leave or career breaks. These programs help women re-enter the workforce confidently and competitively, while ensuring advancement.
- 4. A Stronger Policy Framework Guided by International Standards
Ghana can strengthen its approach by aligning with international standards laid down by instruments like the Convention on the Elimination of All Forms of Discrimination against Women CEDAW, the International Labour Organization (ILO) Maternity Protection Convention, and the African Charter on the Rights of Women (Maputo Protocol).
These instruments emphasize shared caregiving responsibilities, workplace equality, and support for women balancing work and family. They reinforce what Ghana’s Constitution already requires: equal opportunity supported by practical measures.
THE ECONOMIC AND SOCIAL CASE FOR IMPLEMENTATION
Supporting working mothers is just as good for families as it is for national development. Research has consistently shown that economies grow when women participate fully in the workforce, companies perform better when women remain in leadership pipelines, childcare support increases productivity and reduces turnover, and shared caregiving improves mental health and family stability.
Nearly a decade ago, the McKinsey Global Institute projected that advancing gender equality could add up to twelve trillion dollars to global GDP by 2025, and now, as we reach the end of that projection window, the evidence is clear that the countries that invested in women reaped the greatest economic gains.[19]
Ghana cannot afford to underutilize the potential of half its population.[20]
CONCLUSION
When we talk about Article 27 and women’s rights, the issue is not whether women are capable. They are. The question is whether the systems around them acknowledge the real demands of caregiving and provide the support they need to thrive. Ghana has the legal foundation. What we need now is implementation. We can only see the manifestation of the law as a living organism when policy measures are put in place to ensure its implementation. These policy interventions are needed to actualize Article 27, which is the constitutional foundation of the social and economic rights of women.
Women should not have to choose between building a career and raising a family. Both are possible when the law is matched with practical policies. The momentum for reform already exists. If we commit to it, Article 27 can finally function as it was intended, a tool that helps women reach their full potential while strengthening families, workplaces, and our national development.
[1] Kangas, A., Haider, H., & Fraser, E. Gender: Topic Guide (Rev. ed. with E. Browne, GSDRC, University of Birmingham, UK, 2014), at 51. Available at https://gsdrc.org/wp-content/uploads/2015/07/gender.pdf (last accessed Dec. 10, 2025).
[2] Policy Monitoring and Research Centre (PMRC), “Barriers to Women’s Economic Participation,” PMRC Zambia Blog (n.d.). Available at https://pmrczambia.com/blog-barriers-to-womens-economic-participation/ (last accessed Dec. 10, 2025).
[3] Gammage, S., Joshi, S., & van der Meulen Rodgers, Y. “The Intersections of Women’s Economic and Reproductive Empowerment,” Feminist Economics 26, no. 1 (2020): 1–22. https://doi.org/10.1080/13545701.2019.1674451. (last accessed Dec. 10, 2025).
[4] Constitution of the Republic of Ghana, 1992, art. 27.
[5] Labour Act, 2003 (Act 651), § 57 (Ghana).
[6] Darkwah, J., & Koduah, A. “Assessment of Maternity Protection among Healthcare Workers in Ghana,” AJOG Global Reports 5, no. 1 (Jan. 2025): 100447. DOI: 10.1016/j.xagr.2025.100447; PMID: 40034828; PMCID: PMC11874737. https://www.sciencedirect.com/science/article/pii/S2666577825000085 (last accessed Dec. 10, 2025).
[7] While paid maternity leave is recognized, “very few” daycare centres or crèches have been provided by the state or employers. Government of Ghana, UN Committee on the Elimination of Discrimination against Women: Government of Ghana, Combined Third, Fourth and Fifth Periodic Reports of States Parties: Ghana, CEDAW/C/GHA/3-5, U.N. Committee on the Elimination of Discrimination Against Women (CEDAW), Apr. 18, 2005, at ¶ 41(d) describing lack of childcare provision. Available at https://www.refworld.org/reference/statepartiesrep/cedaw/2005/en/37929 (last accessed Dec. 11, 2025).
[8] In June 2024, Parliament finalized the draft Labour (Amendment) Bill, 2023, introduced by Francis-Xavier Kojo Sosu (MP, Madina), which among other changes seeks to introduce statutory paternity leave and extend maternity leave. Under the draft, male workers would be entitled to a minimum of two weeks and a maximum of four weeks paid paternity leave (with full pay and benefits) upon the spouse’s childbirth. Parliament of Ghana, “Parliament Finalises Sosu’s Draft Bill to Extend Maternity Leave, Introduce Paternity Leave,” Citi Newsroom (June 2024). Available at https://citinewsroom.com/2024/06/parliament-finalises-sosus-draft-bill-to-extend-maternity-leave-introduce-paternity-leave/ (last accessed Dec. 10, 2025).
[9] Informal practices among Ghanaian employers, particularly in banking and multinational corporations, include 5–7 days of paternity leave, parental leave top-ups, and shared caregiving days.
[10] Employment Act, No. 11 of 2007 (Kenya), § 29(8).
[11] BBC News, “Fathers Entitled to Equal Parental Leave, South Africa’s Top Court Rules,” BBC News (Oct. 3, 2025). Available at https://www.bbc.com/news/articles/c0q7y5d0l3eo (last accessed Dec. 11, 2025)
[12] Vacation Tracker, “Rwanda Leave Laws & Holidays – Maternity and Paternity Leave,” Vacation Tracker (last updated Sept. 12, 2025). Available at https://vacationtracker.io/leave-laws/africa/rwanda/#maternity-and-paternity-leave (last accessed Dec. 11, 2025).
[13] Nordic Council of Ministers, Shared and Paid Parental Leave: The Nordic Gender Effect at Work (ANP 2018:779, 2018). Available at https://nikk.no/wp-content/uploads/2019/11/2018-Shared-and-paid-parental-leave.pdf (last accessed Dec. 11, 2025).
[14] McKinsey & Company, “A Fresh Look at Paternity Leave: Why the Benefits Extend Beyond the Personal,” McKinsey Insights (n.d.). Available at https://www.mckinsey.com/capabilities/people-and-organizational-performance/our-insights/a-fresh-look-at-paternity-leave-why-the-benefits-extend-beyond-the-personal (last accessed Dec. 10, 2025).
[15] “In an enactment, … the expression “shall” as imperative and mandatory.” Interpretation Act, 2019 (Act 792), § 42 (Ghana)
[16] Constitution of the Republic of Ghana, 1992 (promulgated in 1992; entered into force Jan. 1993).
[17] YouTube Video Resource, Available at https://www.youtube.com/watch?v=yYjVCtITvf0 (last accessed Dec. 10, 2025).
[18] Countries like France, Sweden, Norway and Denmark have long offered universal access to public childcare; Busse, A., & Gathmann, C. Free Daycare and Its Effects on Children and Their Families (IZA Discussion Paper No. 11269, 2018). Available at https://docs.iza.org/dp11269.pdf (last accessed Dec. 10, 2025).
[19] McKinsey Global Institute, The Power of Parity: How Advancing Women’s Equality Can Add $12 Trillion to Global Growth (McKinsey & Company, Sept. 2015). Available at https://www.mckinsey.com/~/media/mckinsey/industries/public%20and%20social%20sector/our%20insights/how%20advancing%20womens%20equality%20can%20add%2012%20trillion%20to%20global%20growth/mgi%20power%20of%20parity_full%20report_september%202015.pdf (last accessed Dec. 11, 2025).
[20] The 2021 Population and Housing Census shows that women make up a larger share of Ghana’s population and outnumber men in ten of the sixteen regions, underscoring how essential their full participation is to national development: Ghana Statistical Service, “Press Release on Provisional Results” (22 Sept. 2021). Available at http://s1.statsghana.gov.gh/presspage.php?readmorenews=MTQ1MTUyODEyMC43MDc1&Press-Release-on-Provisional-Results (last accessed Dec. 11, 2025).
B. Crentsil Legal 