Medical Negligence and Religious Faith in Ghana: Reconciling Autonomy, Vulnerability, and Constitutional Rights

The intersection of religion and medicine raises complex legal and ethical questions in Ghana, especially when religious beliefs proscribe medical interventions necessary to preserve life. Such conflicts arise where competent adults refuse life-saving treatment or where parents and guardians decline medical consent on behalf of children or medically incompetent persons on religious grounds. The 1992 Constitution guarantees freedom of religion (Art. 21(1)(c)) alongside the rights to health and dignity, while Articles 28(4) and 30 prohibit denying medical treatment to children and vulnerable persons on religious grounds. This duality places medical practitioners at the crossroads of autonomy, vulnerability, and duty of care. Through doctrinal analysis of the Constitution, the Children’s Act, professional codes, tort and criminal law, this article examines whether a medical practitioner, confronted with religiously motivated refusals of treatment, may nonetheless be civilly or criminally liable where harm or death results. It explores the doctrine of informed consent and autonomy in relation to competent adults, the statutory protections afforded to children and medically incompetent persons, and the boundaries of professional liability of medical practitioners. Drawing on comparative survey, the study reveals strong protection of adult autonomy tempered by proportional limits, and compulsory intervention for the vulnerable. The article concludes with reform proposals to harmonize religious liberty, medical ethics, and constitutional rights, ensuring a coherent framework for Ghana’s healthcare system.