IHRDA SGBV Database

Law & Advocacy for women in Uganda v Attorney General
Case No:
Constitutional Petition No. 8 of 2007
Media Neutral Citation:
[2010] UGCC 4
Judgment Date:
28 July 2010

THE REPUBLIC OF UGANDA

IN THE CONSTITUTIONAL COURT OF UGANDA
AT KAMPALA

CORAM:

HON. JUSTICE L.E.M. MUKASA-KIKONYOGO, DCJ
HON. JUSTICE A.E.N. MPAGI-BAHIGEINE, JA
HON. JUSTICE A. TWINOMUJUNI, JA
HON. JUSITCE C.K. BYAMUGISHA, JA
HON. S.B.K. KAVUMA, JA

CONSTITUTIONAL PETITON NO.08 OF 2007

LAW AND ADVOCACY FOR
WOMEN IN UGANDA…………………………….…..PETITIONER

AND

Select target paragraph3

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Info
1Connections

Constitutional Petition No. 8 of 2007: Law & Advocacy for Women in Uganda (petitioner) and the Attorney General (respondent)

Cases

Court location: Kampala

Court: Constitutional Court, Uganda

Date of judgement: Jul 28, 2010

Complainant: Law & Advocacy for Women in Uganda

Articles alleged: Constitution of Uganda, Articles 2(2) 21(1), 24, 27(2) 32(2) and 33

Articles violated: Constitution of Uganda, Articles 2(2) 21(1), 24, 27(2) 32(2) and 33

Keywords

Female genital mutilation
Health
HIV/AIDS

Gender of victim

Female (Age not specified)

Gender of accused/perpetrator

Gender not specified

Language: en

Summary: This petition was filed by Law and Advocacy for Women in Uganda, an NGO. It is seeking for the following declarations and orders:- (a) That the custom and practice of Female Genital Mutilation as practiced by several tribes in Uganda is inconsistent with the Constitution of the Republic of Uganda, 1995 to the extent that it violates Articles 2(2) 21(1), 24, 27(2) 32(2) and 33 thereof. (b) As a result of this violation, the custom and practice of Female Genital Mutilation should be declared null and void and unconstitutional. (c) No order is made as to costs in any event. (d) Any other further declaration that this Honourable Court may deem fit to grant.

Conclusion: From the foregoing, it is clear beyond any doubt that the practice of Female Genital Mutilation is condemned by both the Constitution of Uganda and International Law. In particular, the practice contravenes the provisions of articles 21(1), 22(1), 24, 32(2), 33(1) and 44(a) of the Constitution.

This judgment is mainly for the purposes of putting the record right, because whilst the petition was pending in this Court, Parliament passed and assented to the Bill outlawing the practice of Female Genital Mutilation.

Documents

Uganda-case-Constitutional Court-Law & Advocacy for Women-Constitutional Petition No. 8 of 2007-2010-eng.pdf
english
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Ouganda-Cas-Cour Constitutionnelle de Kampala-Law and Advocacy for Women in Uganda-Affair 8 de 2007-2010-fr-pdf.pdf
french
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