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Title: | Towards non-discrimination against women and de jure equality in Uganda: the role of Uganda's Constitutional Court |
Author: | Ssenyonjo, Manisuli![]() |
Year: | 2008 |
Periodical: | African Journal of International and Comparative Law |
Volume: | 16 |
Issue: | 1 |
Pages: | 1-34 |
Language: | English |
Geographic term: | Uganda |
Subjects: | women's rights gender discrimination constitutional courts jurisprudence |
External link: | http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol16&id=5&collection=journals&index= |
Abstract: | De jure inequality has been, and remains in some respects, a major impediment to the enjoyment of human rights of women in Uganda despite the fact that the Constitution guarantees equality of men and women and prohibits discrimination, and despite the fact that Uganda is a State-party to several international human rights instruments protecting the right to equality between men and women and the right to non-discrimination on the basis of sex. Key areas in which de jure gender discrimination in Uganda is perpetuated are divorce legislation, the criminal definition of adultery, succession legislation and marriage laws permitting polygyny. Uganda's Constitutional Court has confronted discriminatory laws against women in two cases, Uganda Association of Women Lawyers and 5 others v. The Attorney General, and Law and Advocacy for Women in Uganda v. Attorney General of Uganda, and has declared them null and void. The jurisprudence of the Constitutional Court in these two cases indicates that the government should accelerate its law reform process to harmonize domestic legislation with constitutional principles relating to non-discrimination and equality between women and men. Notes, ref. [ASC Leiden abstract] |