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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

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

Cases

Country

Latitude: 0.3130291

Longitude: 32.529085312

Country (linked Cases): Uganda

Court location: Uganda: Kampala

Court: Uganda: 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: Female (Age not specified)

Gender of accused/perpetrator

Gender not specified

Language: English

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.

Primary 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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IHRDA SGBV Database

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

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