We know that the practice of Female Genital Mutilation has existed in some communities for centuries. Does this
constitutional provision permit such communities to continue such custom and tradition? We do not think so because
article 44 of the Constitution provides:
“Notwithstanding anything in this Constitution, there shall be no derogation from the
enjoyment of the following rights and freedoms:(a) Freedom from torture and cruel, inhuman or degrading treatment or punishment.
(b) ………………………..
(c)
…………………………
(d) ……………………….”
Respect for human dignity and protection from inhuman treatment are enshrined in article 24 of the Constitution which
provides:
“No person shall be subjected to any form of torture or cruel, inhuman or degrading
treatment.”
Furthermore, article 32(2) of the Constitution provides:“Laws, cultures, customs and traditions which are against the dignity, welfare or interest of
women or any other marginalised group…..are prohibited.”
Lastly on women’s rights, the Constitution provides in article 33(1) and (3):“ (1)
(2)
Women shall be accorded full and equal dignity of the person with men.
……………………………
(3)
The state shall protect women and their rights taking into account their unique
status and natural maternal functions in society.”
The meaning and effect of the above quoted provisions of the Constitution cannot be mistaken. Any person is free to
practice any culture, tradition or religion as long as such practice does not constitute disrespect for human dignity of any
person, or subject any person to any form of torture or cruel, inhuman or degrading treatment or punishment.
EVALUATION OF EVIDENCE AND THE LAW
I have in the earlier parts of this judgment given the description of the meaning, the rationale, the nature and the
consequences of Female Genital Mutilation. I have also outlined the evidence adduced to support this petition which
clearly show that the practice of Female Genital Mutilation does exist in Uganda especially in Eastern and North Eastern
Uganda tribes. It has very harmful consequences to the health and dignity of women and girls. The UN Interagency
Statement on the elimination of Female Genital Mutilation published by World Health Organisation (supra) states:“Female Genital Mutilation has harmful consequences
Female Genital Mutilationis associated with a series of health risks and consequences. Almost
all those who have undergone female genital mutilation experience pain and bleeding as a
consequence of the procedure. The intervention itself is traumatic as girls are usually
physically held down during the procedure (Chalmers and Hashi, 2000; Talle, 2007). Those
who are infibulated often have their legs bound together for several days or weeks thereafter
(Talle, 1993). Other physical and psychological health problems occur with varying
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