The Constitutional Court has, in a 3-2 majority decision, upheld Uganda’s criminal laws on abortion, ruling that they protect the right to life of unborn babies, safeguard family and cultural values, and promote responsible parenthood.
The court dismissed two consolidated petitions seeking to invalidate sections 130, 131, and 132 of the Penal Code Act (Cap 128).
The petitions were filed by Human Rights Awareness and Promotion Forum (HRAPF) and the Center for Health, Human Rights and Development (CEHURD) in 2017 and 2020, respectively, challenging the state’s failure to enact a law regulating termination of pregnancy, which they argued violated Articles 22(2) and 79(1)-(2) of the Constitution.
The majority, comprising Justice Hellen Obura, Moses Kazibwe Kawuni, and Dr. Asa Mugenyi, held that the petitioners had not proven any inconsistency between the Penal Code and the Constitution.
The lead judgment affirmed that the challenged provisions align with Articles 22 and 126 and the Constitution’s objectives.
Justice Mugenyi noted that the Constitution does not expressly grant a right to abortion, while Justice Kazibwe emphasized that striking down abortion offenses would conflict with the state’s duty to protect the family, recognized as the natural and basic unit of society under Objective XIX of the Constitution.
By Alex Magala
20th Nov 2025
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