Women and Justice: Court: Constitutional Court of Uganda

Domestic Case Law

Oloka-Onyango & 9 Others v. Attorney General Constitutional Court of Uganda (2014)

Gender discrimination

Petitioners sued, claiming the Speaker of Parliament allowed a vote to pass Anti-Homosexuality Act (“AHA”) of 2014 without the mandated quorum (alternatively “Coram”), which requires the presences of one-third of all voting Members of Parliament.  Petitioners also claimed the AHA was unconstitutional because it violated LGBTQ people’s right to privacy and freedom from cruel, inhuman, and degrading punishment.  The Court held that the Petitioners demonstrated that the vote proceeded without the necessary quorum, which meant Petitioners prevailed without the Court reaching the issues regarding the substance of the AHA.



Law & Advocacy for women in Uganda v. Attorney General Constitutional Court of Uganda (2010)

Female genital mutilation or female genital cutting, Harmful traditional practices

Petitioners challenged the tribal practice of female genital mutilation and argued that it is inconsistent with the Ugandan Constitution. They argued that the practice is cruel, inhuman, and degrading, and endangers the right to life and privacy under the Constitution. The two issues before the court were whether the petition raised any matter for constitutional interpretation and whether the practice of female genital mutilation should be declared as null and void under the constitution. At trial, petitioners produced unchallenged affidavits supporting the fact that female genital mutilation was practiced crudely, wantonly, and without anesthesia, causing permanent damage and trauma to the victim, including incontinence, paralysis, and even death. The court first held that the petition did raise serious questions for constitutional interpretation. Second, the court held that, while the Constitution protects free exercise of cultural or religious custom, such exercise must not infringe on human dignity or the right to be free from cruel, inhuman, or degrading treatment. Thus, the court held that female genital mutilation was inconsistent with the provisions of the Constitution, and thus declared the custom void.



Uganda Association of Women Lawyers and 5 Others v. The Attorney General Constitutional Court of Uganda (2004)

Divorce and dissolution of marriage, Gender discrimination

The petitioners sued to have several provisions of the Divorce Act declared void on the grounds that they discriminated on the basis of sex.  The Court held that sections 4, 5, 21, 22, 23, 24 and 26 of the Divorce Act are void in so far as they discriminate on the basis of gender, so the grounds for divorce as listed are available to both sexes and the compensation for adultery, costs against a co-respondent, alimony, and settlement are applicable to both sexes.