Private schools in Ghana have filed a complaint with the Commission on Human Rights and Administrative Justice (CHRAJ) against the government, contesting the 30% priority placement policy for Public Schools in Category A Senior High Schools (SHS).

The policy, which reserves 30% of admissions for students from public basic schools, has been branded as discriminatory and unconstitutional by educational stakeholders representing private institutions.

The Ghana National Council of Private Schools (GNACOPS), along with the Ghana National Association of Private Schools (GNAPS), the Private Education Coalition (PEC), and the National Council of Parent-Teachers Association (NCPTA), argue that this policy infringes on students’ rights and contradicts several provisions of the 1992 Constitution of Ghana.

They contend that it creates an unfair barrier for private school students, who may excel academically but are denied equal opportunities based solely on their educational background.

Legal Grounds for the Complaint

In their petition, the groups highlight specific constitutional violations:

  1. Equality and Freedom from Discrimination: Article 17 of the Constitution states that all persons are equal before the law and should not be discriminated against based on their educational background. The priority placement policy, they argue, “discriminates against private school students by imposing an arbitrary barrier based on the type of school they attend, not their academic merit or potential” “This form of segregation violates the principle of equality before the law and unfairly disadvantages students who, through no fault of their own attend private schools,” the petition argues.
  2. Right to Equal Educational Opportunities: Article 25 guarantees access to secondary education for all. “The policy in question undermines the constitutional promise of equal access to education by artificially restricting private school students chances of securing places in Category A schools”.
  3. Protection of Children: Article 28(4) asserts that no child should be deprived of education due to their background. The priority placement system effectively denies private school students equal educational opportunities.
  4. Meritocracy in Education: Article 38(3)(b) emphasizes that educational institutions should be accessible based on merit. By prioritizing public school students regardless of merit, the government violates this provision.

Call for Action

In light of these concerns, GNACOPS and its allies are demanding that CHRAJ does the following:

  1. A thorough investigation into whether the 30% priority placement system breaches constitutional rights.
  2. The immediate abolition of this policy in favor of a merit-based admission framework.
  3. Directives to the Ministry of Education and Ghana Education Service to implement policies ensuring equal access to senior high schools for all students.

Impact on Private School Students

The groups claim that the policy treats private school students as second-class citizens despite many achieving high academic standards.

They also insist, Parents who invest in private education do so with the expectation that their children’s efforts will be recognized through merit-based admissions.

Find the full petition below

Source: Ghana/Starrfm.com.gh/103.5FM/Kwadwo Owusu