The Protection of Women’s Human Rights by Domestic Courts in Africa:

Abstract

This chapter examines the role of domestic courts, particularly the Constitutional Court of Uganda, in developing human rights jurisprudence protecting human rights of women. It is divided into five sections. Following this introduction, section 2 briefly outlines the constitutional framework for the legal protection of women's human rights in Uganda against which family laws must be assessed. Section 3 considers discriminatory laws and practices against women in Uganda and examines the approach of the Constitutional Court in the cases brought before the Court challenging some discriminatory practices. Section 4 considers the constitutional prohibition of same-sex marriages and the criminalisation of adult private consensual sexual relations, and how this may impact disproportionately on women's right to privacy. Section 5 is the conclusion and offers recommendations for more effective protection of women's human rights in Uganda. Domestic courts play a leading role in the judicial protection of women's human rights in Africa. Keywords:Constitutional Court; Domestic Courts; Uganda; women's human rights