Women's Rights to Equality and Non-discrimination: Discriminatory Family Legislation in Uganda and the Role of Uganda's Constitutional Court

In 1995 Uganda adopted the Constitution of the Republic of Uganda1995 which protected a wide range of human rights includingwomen's rights to equality and freedom from discrimination.Article 33(6) of the Constitution prohibited ‘laws, customsor traditions which are against the dignity, welfare or interestof women’. However, more than ten years later legislation,customary laws and practices have continued to be in force largelydue to the lack of political will to confront issues of inequalityand discrimination in a holistic and comprehensive manner. Thisarticle examines such discriminatory laws against women andthe jurisprudence of Uganda's Constitutional Court in the areasof divorce, criminalization of adultery, succession and marriagelaws. Using a comparative approach, it observes that these lawsconflict with Uganda's Constitution as well as regional andinternational human rights treaties to which Uganda is a Stateparty. It recommends that discriminatory laws should be harmonizedwith principles of equality and non-discrimination, and advocatesfor a litigation strategy.