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UCHD 2023
Posted on Categories Article, Featured, General News

By Noor Nakibuuka

On 10th and 11th July 2023, Africans converged in Nairobi, Kenya to commemorate 20 years of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (The Maputo Protocol). The protocol was adopted on the 11th of July 2003 in Maputo. It is one specific piece of legislation that advances women’s rights in Africa.

The celebrations come in at a time when most African countries are facing retrogression in advancing women’s rights. Uganda, for example, has had several incidences where access to sexual and reproductive health and rights for girls and women, which is a key pillar in this protocol, is on a descending trajectory. At the same time, other countries like South Sudan have taken bold steps to adopt the protocol given its importance in advancing women’s rights in Africa. South Sudan makes the 44th country out of 55 African countries to adopt the protocol.

As we commemorated the 20 years of Maputo, the Center for Health, Human Rights and Development (CEHURD) had an opportunity to engage in one of the side events that were organized by IPAS Africa Alliance in collaboration with other partners like Akina Mama wa Afrika to specifically focus on Article 14 of this protocol. The article  discusses access to safe abortion as a key human rights issue. From the discussions, it was emphasized that indeed many African countries should look into this instrument to advance women’s rights to access safe abortion, since many still have archaic legislations that restrict the same at domestic level.

While speaking at this side event, Commissioner Njie Sallah of the African Commission on Human and People’s Rights specifically highlighted the importance of this article that, “the article is one that we would all wish to retain, highly guard and utilize it to advance women’s rights. Many African countries do not have such a progressive legislation when it comes to this issue and it’s important that as human rights activists, leaders, pan Africans, government officials, deeply think about the importance of this article”. The Maputo Protocol is one of its kind.

The commemoration also comes at a time when many countries have boldly advanced conversations around access to safe and legal abortion. In Uganda, the Constitution allows Parliament to enact a law regulating termination of pregnancy. However, since its promulgation in 1995, parliament has not taken such a step. This prompted CEHURD to institute a legal case in the Constitutional Court for an interpretation of this particular constitutional provision. The existing Penal Code Act, was enacted over 70 years ago and does not address public health discussions that have since been advanced by the colonialists including Britain to put aside such legislations. The court is yet to issue a ruling in this matter.

Uganda is celebrated for having boldly ratified the Maputo Protocol. While the state entered a reservation on article 14(2)(c) of the same, pertaining to reproductive health and safe abortion, commendable steps have been taken to advance the rights of women. Uganda enacted various pieces of legislation that place women at the forefront of decision making. Beyond the Constitution that stipulates equality, non-discrimination, the maternal role that women play in society, and the leadership of women, among others, the Domestic Violence Act, 2010, Equal Opportunities Commission Act 2007, the Penal Code Act cap 120, the Public Finance Management Act, 2015, et cetera, have provisions that advance gender equality and women’s rights.

At the 20th anniversary of Maputo, it is worthy to note that this protocol is special. Of all the regional and international human rights instruments that Uganda and other African countries have ratified, the Maputo Protocol is one of a kind and a lot of attention is paid to it. Implementation of the Maputo Protocol has been the core agenda under the Solidarity for African Women’s Rights (SOAWR) to which CEHURD is a member together with 62 other Civil Society Organisations working across 32 African countries to protect and advance women’s rights. SOAWR has ensured that each of the African member countries works towards the implementation of the protocol and reports back to the committee even when governments have fallen short of this reporting.

CEHURD celebrates SOAWR, for having taken this bold step. We will continue to work to ensure that women’s rights are recognized, protected, respected and fulfilled.

The writer is a Lawyer and Deputy Executive Director – Programmes at Center for Health, Human Rights and Development (CEHURD). 

Posted on Categories Article, Featured, General News 2 Comments on Equal Division of Unpaid Care Work is The Way To Go

Equal Division of Unpaid Care Work is The Way To Go

By Seth Nimwesiga

“So they are no longer two, but one flesh. 

… therefore, what God has put together, 

no man shall put asunder…” 

Matthew 19:6

In the verse above, the Holy Bible emphasizes union and oneness upon marriage of man and woman with crystal clarity. For the non-believers, the supreme law of the land suffices. The Constitution of Uganda is explicit on equality in marriage. It prescribes the entitlement of married people to enjoy equal rights during and at the dissolution of marriage. 

For a couple, their equal rights necessitate equal duties and responsibilities, equal obligations, and equal contribution to acquisition, development and maintenance of matrimonial property. This contribution can be direct or indirect; monetary or non-monetary.

In a recent judgement vide Ambayo v Aserua (Civil Appeal 100 of 2015), the Court of Appeal recognized unpaid care work as that form of work that is not compensated by way of wages. It includes caring for children, cooking, cleaning, doing laundry, fetching water, et cetera. Court reasoned that the non-monetary contribution or unpaid domestic care work ought to be computed at the market value of the of the services offered based on the knowledge, skills and character of the service provider labourer, a spouse in this instance, so as to determine the value of one’s contribution to matrimonial property.

The judgment followed a divorce petition filed by a wife, and a counter petition filed by her husband in the High Court of Uganda wherein they both settled by consent on all grounds bar the wife’s claim for an equal share in the matrimonial property. At the court of first instance, the judge ordered for a sale of the matrimonial home and an equal division of the proceeds. In the opinion of the husband, the High Court occasioned a miscarriage of justice when it found that the wife contributed to the acquisition and development of their matrimonial property, and ordered for a 50% share of the proceeds from the sale of that property, which prompted him to appeal. The Court of Appeal has now reversed the decision of the High Court in part and instead deemed a 20% share sufficient to compensate for the wife’s unpaid care work.

The question of compensation for unpaid care work is a reasonable one. It is good music to my ears that unpaid care work is recognized, though unfitting to put a price to it for a married person. In fact, unpaid care work in a home should be shared. That way, the men would get to appreciate how priceless such work is. In prescribing for equal rights in marriage as stated before, the Constitution also implies equal duties, such as equal division of care. This, however, is not the practice in our society, generally.

The case in discussion could not have come at a better time for the court to give the text ‘equal rights in marriage” as is in the provision of a progressive constitution, their true and natural meaning. The case came at the time when our society is progressing on affirmative action for women empowerment. According to a 2022 UN Women gender snapshot of the progress on the Sustainable Development Goals, it will take about 286 years to overcome discriminatory laws and close the gaps in the legal protections for women and girls. Through judicial activism, courts have the power to build on the current steps to achieve gender equality, especially in a society that has apportioned gender roles that set men as the providers and women as primary caregivers, which creates power imbalances and often works against the latter.

It is not uncommon that many times, women lay their hands on domestic unpaid care work to act as springboards for men to run the errands that ‘put food on the table’. By shouldering this domestic work and creating room for men to do paid work, the women are directly contributing to the economic wellbeing of the family most times at the expense of their own careers. For married people, it should neither be categorized nor valued as a business.

Equality is just that; equality. It was never the intention of our Constitution to give with one hand and take away with the other, equal rights in marriage. Courts should therefore proactively promote gender equality and steer clear of any norms, customs, beliefs and practices that promote the opposite.

There is a need for a government policy to regulate and regularize equal division of care work in families. This would go a long way in countering the gender imbalances in our society.

The writer is a Policy Advocacy Officer, Generation Gender Project, CEHURD.

A version of this article was published in the New Vision newspaper on March 8th 2023.

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MultiDrug Resistant Tuberculosis: The Challenge of Adherence among Women in Uganda

In 2018, there were over 484,000 cases of MultiDrug Resistant Tuberculosis recorded around the world, which contributed to 44.21% of deaths caused by tuberculosis. Women diagnosed with MDR-TB are more vulnerable to low mental and social well-being than men, it is imperative that immediate action be taken to address the difficulties experienced by female patients as well as their support networks. This can be accomplished by putting emphasis on ’patient-centered care’, and a strong Primary Health Care system that is adequately facilitated would go a long way in ensuring efficient prevention and response to MDR-TB especially among women. 

– By Christopher Ogwang

Christopher Ogwang

Multi-drug-resistant tuberculosis (MDR-TB) is a major public health hazard on a global scale. It is a kind of tuberculosis (TB) infection caused by bacteria that are resistant to treatment with at least two of the most powerful first-line anti-tuberculosis (anti-TB) medications. This is caused by non-adherence to the treatment regimen or poor prescription. In 2018, there were over 484,000 cases of MDR-TB recorded around the world, which contributed to 44.21% of deaths caused by tuberculosis. Over 62% of these instances were not treated, which is more than half. Noteworthy, the treatment of MDR-TB is much more expensive than the treatment of susceptible TB. In Uganda, various health challenges impede the scale-up of Drug-Resistant Tuberculosis treatment and care, treatment is either inadequate or lacking and in some cases, diagnosed patients delay on the treatment waiting list. Having one or more drug stock outs in health facilities treating susceptible TB was significantly associated with the risk of developing MDR-TB which has been noted as one of the factors contributing to poor outcomes and risk of developing drug-resistant TB, especially in rural communities. 

Women diagnosed with MDR-TB are more vulnerable to low mental and social well-being than men. Married women and women of childbearing age are most vulnerable to MDR-TB’s socio-economic, and mental health consequences, such as isolation, financial difficulties, and despair. Besides the intricacies and length of treatment, psychosocial difficulties frequently aggravate MDR-TB. It is essential to broaden patients’ access to psychotherapy and other forms of mental healthcare while they are undergoing treatment for MDR-TB.

The reproductive and parental roles of women and mothers compound the difficulties they already face in coping with, remaining adherent to, and ultimately benefiting from MDR-TB treatment. In most cases, a female patient is also a wife or mother who provides essential care for other members of her family, including those who also suffer from MDR-TB. Women have the social obligation to care for their sick children and spouses, but they may be denied even the most fundamental needs when they are ill themselves.

It is imperative that immediate action be taken to address the difficulties experienced by female patients as well as their support networks. This can be accomplished by putting emphasis on the requirement for ’patient-centered care’” and enhancing the services offered at local health facilities that are closer to the patients. This would cut indirect related costs associated with treatment that female patients may not be able to afford. This is critical because most women are incapable of maintaining adherence to the treatment regimen, yet worse when it comes to women in rural areas that mainly engage in unpaid care work and have no room to create and focus on income streams.

Along the therapy continuum, we need to emphasise  the significance of psychosocial stresses and social support as intermediary predictors for successful treatment results. To be able to ensure that female patients have a supportive environment to sustain adherence, families, patients and their family members should each receive the appropriate health information relevant to the condition and treatment plan in order to establish a support system that is both enabling and supportive. This is critical in sustaining adherence to treatment and care for Tuberculosis.

In addition, in order to improve the overall level of care provided, the screening for and treatment of mental health disorders should be incorporated in the national recommendations for the management of MDR-TB cases.

There is need to develop and implement a comprehensive mechanism for contact tracing of new tuberculosis cases and defaulters, implement an all-inclusive surveillance system such as the community awareness, screening, testing, prevention and treatment to combat TB. As evidenced from the work by the Center for Health, Human Rights and Development (CEHURD) contact tracing in northern Uganda, continuous tracing and reintegration into treatment saves lives not just of those who had dropped out of treatment but also the ones in their communities. A strong Primary Health Care system that is adequately facilitated would go a long way in ensuring efficient prevention and response to MDR-TB especially among women. 

The writer is a Senior Programme Officer at the Center for Health, Human Rights and Development (CEHURD).

Posted on Categories Featured, General News 167 Comments on My Experience Litigating Sexual and Reproductive Health and Rights Related Cases

My Experience Litigating Sexual and Reproductive Health and Rights Related Cases

“Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Such are the places where every man, woman and child seeks equal justice, equal opportunity, and equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere.”

Eleanor Roosevelt

By Ruth Ajalo | Lawyer

Before joining the Center for Health, Human Rights and Development (CEHURD), I had basic information
about the right to health. This basic information was gained while pursuing the health and the law course
unit in my fourth year at Makerere University Law School. Learning the right to health was exciting and it
set a spark within me that I desired to carry forward in my career. This did not materialise immediately after Law School but when I eventually joined CEHURD, I was excited and looked forward to learning more about the right to health and this unique area of legal practice.


At CEHURD, I have learnt, unlearnt and I continue to learn each day about the right to health and the
intersectionality of health and human rights. I can confirm that there is a lot of knowledge and exposure that the right to health brings to light. CEHURD, among other things, provides legal support to victims and survivors of sexual violence and health rights violations. It also litigates strategic cases aimed at addressing systemic gaps and bottlenecks within the provision of health services in the country. 


CEHURD prepares, nurtures, and gives you a platform to shine and build your career. As a legal
practitioner, last year, I had the unique opportunity of litigating a landmark Sexual and Reproductive Health Rights case before a bench of five justices of the Constitutional Court. This is a dream come true for any young lawyer.


My experience in handling and litigating SRHR cases has been an emotional rollercoaster; it has been easy, hard, tasking, draining both physically and emotionally at times but above all, fulfilling. It is exciting to secure a win for a client and a win for the transformation in the provision of health services in the country.
Litigating SRHR cases is unique because this is not something you do without learning, unlearning,
understanding and preparing. Your mind is trained to creatively pick out the rights issues in the case and
articulate them sufficiently in a manner that reflects preparation and in-depth knowledge of the issues at
hand. Furthermore, the external lawyers we work with on some of our cases have to be oriented on the
unique aspects of the right to health and why it matters before they delve into the gist of the cases. This
calls for thorough research, preparation which continuously builds one’s mastery in the area of Health and Sexual and Reproductive health.


When a person calls the CEHURD toll-free line or walks into the office seeking help, that person is either
seeking information or is seeking for support. They are usually hurting or have suffered some form of loss
and need redress and or some form of support. Regardless of the circumstances and the facts of the case,
as lawyers we are expected to be non-judgmental, good listeners and provide the most appropriate
professional support. During the client-advocate meeting, when the client breaks down and starts to cry, the counsel must wear another hat of a counsellor and have to exercise empathy towards them. This requires that the lawyer for a moment, abandons the legal path and the knowledge acquired in Law School to concentrate on helping a client recompose through provision of Psychological first aid. This requires that for a moment, you abandon the legal package and knowledge you walked into the meeting with, and take on a new mantle of a counsellor.

We walk the journey with our clients, we counsel them, we exercise empathy, we hand-hold, we manage expectations and above all, we keep an open mind as we handle these cases. It is important to note this process also takes on an emotional toll on the lawyer and calls for selfcare. The emotional toll is largely because lawyers by training are not counsellors but in country with limited professional counsellors, any lawyer will by default provide; counselling to their clients especially when engaged in SRHR.


This type of work is not void of challenges such as the heart-breaking experiences of the clients, and being misunderstood by the public because of the nature of the work done, among others. Sexual and
Reproductive Health is a largely contested arena. Listening to clients’ experiences can get emotionally
draining because their experiences are in most cases very painful and nobody deserves to go through such grueling experiences. Furthermore, the clients are not conversant with the litigation progress and despite an effort to explain to them and manage expectations, they get burnt out and experience litigation fatigue.


Litigating human rights will certainly be difficult for any client especially if they are facing stigma,
discrimination, abuse, and isolation among others because of the delay in the disposal of their cases. 
To respond to these challenges, CEHURD has invested in the provision of psychosocial support to the
legal team that handles these cases, general staff wellness and welfare to enhance the continuity of
litigation. We also share and learn amongst ourselves in the Strategic Litigation Programme with the view
of bettering ourselves. We also hold annual clients’ meetings where clients are invited for interactions and
update meetings about their cases, clients share amongst themselves and learn from each other and we
also receive feedback which we find useful for improving our service delivery.


As mentioned, we are sometimes misunderstood by the public but choose top stick to our calling trudge on nonetheless, undeterred and ever so ready to defend and stand for our clients’ rights and for system
change. 
Justice for our clients comes in many forms; arrest of an accused person, sentencing (imprisonment) of an
accused person, an apology from the health worker, an explanation offered for what went wrong, an
admission of wrongdoing from the health facility or health worker among others. It is these small wins and seeing systemic changes in the provision of Health that is the power below my wings and that keeps me waking up every day to provide legal support.


Despite all the hurdles and challenges encountered, the work is fulfilling. Fulfilment is in the fact that you
helped a person and they didn’t pay you for that service; that you utilised your legal knowledge to address a human rights violation and get justice for your client. Fulfilment is the phone call from a grateful client highlighting his or her gratitude “mwebale nyo, tusimye byona bye mwakola” –” thank you very much, we appreciate everything you do for us”. Some clients call us to update us on the progress of their daughters who suffered violence to indicate that our interventions built the girl’s confidence, she returned to school and she passed her Primary Leaving Examinations (PLE). 


To all human rights defenders, your work is not in vain; a step-by-step effort, a multi-sectoral approach, and perseverance will go a long way in realising a just society; a society in which people are free from sexual violence, free from health rights violations and all other violations around us. Let us persevere and keep the flame burning because society and the world at large still need us. 


“Helping one person might not change the world, but it could change the world for one person” – Anonymous.

The writer is a Programme Officer in the Strategic Litigation Programme at the Center for Health, Human Rights and Development (CEHURD).
Posted on Categories Featured Leave a comment

End Gender Inequalities and End Aids by 2030

We have to agree that the epidemic will not be over until the cycle of new HIV infections is stopped and all people who need it are on lifelong treatment. Treatment alone is unlikely to end AIDS, prevention is also essential. Too many adolescents and young women are still falling between the cracks of the global response.
It is important to note that gender inequality such as gender-based violence leaves young women and girls more vulnerable to HIV. It also restricts the rights of women and adolescent girls, including their ability to refuse unwanted sex or negotiate safer sex, and access HIV and sexual and reproductive health services.

By Mary Nyaketcho

For over 40 years, the 1st of December has offered an opportunity to rally support for people living with and affected by HIV and also to honour those who have died from Aids-related illnesses across the world. Uganda and the world at large are still lagging behind in reaching the commitment to end Aids by 2030 not because of a lack of knowledge or materials to beat Aids, but because of various barriers that obstruct HIV prevention and treatment. Discrimination, gender inequality, poverty, and criminalisation are barriers that prevent people living with HIV/Aids from accessing healthcare. Therefore, World Aids Day raises awareness of the impact of HIV on people’s lives to advocate against stigma and discrimination against those living with HIV and also to highlight how far we have come.

The theme “ending inequalities among adolescent girls, young women and boys” is a call to action. It is a call to action for all of us to confront the inequities that drive AIDS and hinder access to essential HIV services, especially for adolescent girls and young women and boys. The high HIV prevalence among adolescent girls and young women and boys suggests that factors beyond behaviour may be contributing to the heightened vulnerability of this group. Without bold action against inequalities, the world is likely not to reach the target of ending AIDS by 2030. 

Regardless of the enormous advances made to eradicate AIDS globally, adolescent girls, young women and boys are disproportionately at risk of acquiring HIV, a fact that must change. Urgent action to reduce the risk of adolescent girls and young women to HIV is vital to end the epidemic. This won’t be achieved without addressing the entrenched gender inequalities that exist where these girls and young women live.

Globally, young people are among the populations most at risk of and affected by HIV and AIDS and Uganda’s population constitutes a significant percentage of young people. Young girls and boys rarely receive sexuality education and only rely on the wrong perceptions given by their fellow youth. This situation might continue unabated unless causes of vulnerability to infection among them are clearly identified and addressed within respective contexts.

Many adolescent girls and young women aged 15 to 24 years in Uganda are more susceptible to HIV infection than their male counterparts. Adolescent girls and young women are biologically more vulnerable to AIDS and twice as likely as men to become infected, according to the UNAIDS Global AIDS Update 2022. They are at a greater risk because they are physically and physiologically more vulnerable to the sexual transmission of HIV than men their own age. 

It is important to note that gender inequality such as gender-based violence leaves young women and girls more vulnerable to HIV. It also restricts the rights of women and adolescent girls, including their ability to refuse unwanted sex or negotiate safer sex, and access HIV and sexual and reproductive health services. Take for example the situation of early marriage. Gender inequality is at the heart of what drives these marriages. In poverty-stricken communities, most girls are married before the age of 18. Early marriage has profound consequences for the health and well-being of adolescent girls and young women. They are at a greater risk of sexual and gender-based violence and sexual violence is closely linked with an increased chance of acquiring HIV. The men they are married to are also often older and have already been sexually active, which also increases the risk. In addition, it is quite difficult for adolescent girls and young women to negotiate safe sex and condom use. 

Many cultural practices also impede efforts to tackle Aids-related issues. A girl is taught from an early age to be submissive and obey men. The girls have not been taught how to say no, how to say what they want and what they do not want. As a result, adolescent girls and women cannot say no to sex, and not request safe sex if a man does not want to use protection.

For that reason, tackling inequalities is a long-standing global need, whose urgency has only increased. However, ending inequalities requires a lot of transformative change. Economic, political, social, cultural and legal inequalities obstructing progress must be addressed. 

We should endeavour to look into laws and policies that address these inequalities and observe the need to protect the rights of everyone especially adolescent boys and girls and young women. By removing punitive laws, policies, practices, stigma and discrimination that block effective prevention and treatment of AIDS, inequalities will be struck out and with more advocacy on this, HIV/Aids shall subsequently end.

At the societal level, we should address the social and cultural norms and practices that perpetuate inequality. It is clear that addressing inequalities and inequity will require the motivation and engagement of the people who are most affected. Therefore, efforts should be made to empower and strengthen people. 

Staying in school reduces the likelihood that adolescents will be infected with HIV/Aids. Education helps individuals protect themselves against HIV infection. But education itself alone does not help, also, there is a need to integrate sexuality education into the curriculum to equip young people with knowledge about HIV/Aids and their rights.

It is time for the government to act with bold and accountable leadership and move from commitment to action. It must promote inclusive social and economic growth. The government ought to also realise that ending HIV/Aids requires ending all inequalities and driving multisectoral action across a range of sustainable development goals (SDGs) and targets and that promoting equal opportunity are fundamental issues for development and sustainable growth. 

We have to agree that the epidemic will not be over until the cycle of new HIV infections is stopped and all people who need it are on lifelong treatment. Treatment alone is unlikely to end AIDS, prevention is also essential. Too many adolescents and young women are still falling between the cracks of the global response.

Therefore, this year, let us be mindful of the inequalities that exacerbate the dangers for everyone, no matter our status, we are all affected by HIV/Aids in one way or another. So, let’s do all we can in order to help tackle the inequalities and end AIDS.

The writer is an intern in the Community Empowerment Programme at CEHURD

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