#PulseAgainstRape: Coalition for Survivors of Domestic Violence calls on government to address medical fees for survivors of gender-based violence

Read full statement below:

The Coalition For Survivors of Domestic Violence (CSDV), are a coalition of diverse professionals including lawyers, doctors, police and media professionals actively campaigning for the abolishment of survivor-paid Medical Fees in Ghana.

Thank you to the 15,000+ concerned citizens who signed the online petition started by Ama K Abrese, as well as those who have used their private platforms to advocate for change. We very much welcome the open debate on Medical Fees, which can be as much as GHS 800 to complete medical forms (a key evidential document to initiate criminal investigation and legal action) and as much as GHS 500 for medical professionals rendering their professional opinion to facilitate prosecution.

With one in 3 women being a survivor of gender-based violence in Ghana, the prohibitive fees place yet another oppressive limitation on women seeking redress and healing following abuse. When we fail to successfully and effectively prosecute cases of abuse, we contribute to the normalisation of sexual offences and violence. This has to stop.

READ MORE: Pulse Editorial: As Ghanaian women raise their voices against rape, the country should listen

Despite the well-documented practice of taking Medical Fees directly from survivors, our laws emphatically provide that:

1. Survivors of domestic violence are to receive free medical treatment from the State (section 8 Domestic Violence Act (Act 732);

2. No fees shall be paid respect of any medical examination or required by any department of State- which includes the courts of law and the police (Section 3 Hospital Fees Act (Act 387);

3. Hospital bills for child-survivors must be taken up by the State (The Hospitals Child Health Protection Guidelines);

4. Court witnesses, when subpoenaed (which may include doctors) are to be compensated for the services rendered to the court;

5. Preventing a survivor from obtaining a medical report due to financial issues is offensive to the survivor’s dignity (Article 15 of the Constitution / Martin Kpebu vs. AG (2017 and 2019)); and

6. It is trite that a survivor of rape, defilement or domestic violence in general is only a witness for the State in a criminal case. As such, the practice of taking Medical Fees directly from survivors is illegal, unfair and contrary to the constitutionally protected fundamental human rights to be enjoyed to all citizens; in particular the inviolability of one's dignity (Article 15) and equal access to justice (Article 17).

Call to Action CSDV stands against Medical Fees taken directly survivors and calls upon the Government of Ghana:

1. To issue a clear directive with the utmost urgency addressing this matter and instructing the cessation of all Medical Fees directly from survivors of gender-based violence;

READ ALSO: Dear Nana Addo, can the medical fees for rape victims be SCRAPPED?

2. To instruct the AG's Office, Gender Ministry, Judicial Services, Ghana Medical Association and Ghana Police to clarify and re-state their internal processes as regards Medical Fees (and where necessary expert support during prosecutions) when engaging survivors of gender-based violence; and

3. To fund the Victims of Domestic Violence Support Fund as required under the Domestic Violence Act (Act 732) and further buttressed by the High Court in Martin Kpebu vs. Attorney-General (2017 / 2019).

The public uproar must be met with real action and we implore all concerned to act with urgency. We commend all who stand in partnership with survivors and have raised this issue to the nation's conscience. It is important, however, to note that the abolishment of Medical Fees is only one of a myriad of hurdles placed in the way of survivors. Let’s continue to raise awareness of unfair and illegal practices - and together we will bring change! 

READ MORE: Explainer: Sexual consent and what the law says in Ghana

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#PulseAgainstRape

Pulse Ghana started a #PulseAgainstRape campaign in June after uproar on social media around sexual abuse. An interview with the Head of Public Affairs Unit/Accra Region - Mrs. Effia Tenge put light on a key aspect of the campaign, pushing that no victim of rape is made to pay for their medical examination fees.

The campaign has since gathered audience with a host of people and organisations using their voice and platforms to push the fight.

Find our Twitter thread for #PulseAgainstRape below: