has a lasting effect on their bodies and infringes on their autonomy and control over their
lives.
The right to participate in cultural life and freedom of religion are protected by international
law. However, international law stipulates that freedom to manifest one’s religion or beliefs
might be subject to limitations necessary to protect the fundamental rights and freedoms of
others. Therefore, social and cultural claims cannot be evoked to justify female genital
mutilation (International Covenant on Civil and Political Rights, article 18.3; UNESCO, 2001,
Article 4)”
[7]
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 [The treaties, covenants, conventions and protocols to which Uganda
is a party]. In particular, the practice contravenes the provisions of articles 21(1), 22(1), 24, 32(2), 33(1) and 44(a) of the
Constitution.
Article 2(1) and (2) provides:“(1)
This Constitution is the Supreme law of Uganda and shall have binding force
on all authorities and persons throughout Uganda.
(2)
If any law or any custom is inconsistent with any of the provisions of this
Constitution, the Constitution shall prevail, and that other law or custom shall, to the
extent of the inconsistency, be void.”
The practice of Female Genital Mutilation is a custom which is wholly inconsistent with the above mentioned provisions
and it is now the duty of this court to declare the custom void.
I am aware that during the pendancy of this petition in this court, the Government of Uganda tabled a bill to outlaw the
practice of Female Genital Mutilation. I have read from the press that the law has now been passed and assented to. If
that is true, then it is a very welcome move but more importantly, it is consistent with my findings and declaration that
Female Genital Mutilation must be outlawed for being inconsistent with the Constitution of Uganda.
Dated at Kampala this …28th……day of …July….2010.
………………………………………….
Hon. Justice A. Twinomujuni
JUSITCE OF APPEAL.
JUDGMENT OF HON. L.E.M. MUKASA-KIKONYOGO, DCJ
This petition was brought by Law and Advocacy for Women in Uganda under 137(1) (3)(a) and (d) of the Constitution of Uganda and
Rule 3 of the Constitutional Court (Petitions and References) Rules.
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