Reflections from the Clerk’s Desk: Reproductive Justice and the Right to Health 

By Shamamba Anne Gabriel

Lessons on courtroom advocacy, reproductive health rights and the experience of serving as a clerk at the 13th Annual National Inter-University Constitutional Law Moot Court Competition. 

I did not argue a case or submit a memorial during the 13th Annual National Inter-University Constitutional Law Moot Court Competition. My role was different. I served as a clerk, sitting beside the judges and facing counsel as they presented their arguments. From this position, I witnessed a different dimension of the moot, one that offered valuable lessons on courtroom procedure, constitutional rights and reproductive justice. 

On paper, my responsibilities were straightforward: announcing the case file and number, keeping time, and maintaining courtroom decorum. Yet, the court clerk plays an important role in ensuring that proceedings run smoothly. During the moot, my voice opened each session and helped set the pace for the proceedings. The experience demanded attentiveness, discipline and composure, even as the arguments raised questions that extended beyond the courtroom. 

The theme of this year’s competition, Reproductive and Gender Justice in Uganda: Navigating Constitutional Rights, Public Interest and Social Values, was far from an abstract academic exercise. The competing teams were tasked with examining a pressing constitutional question: whether the State of Ngetta’s failure to provide essential reproductive health services, including contraceptives, to young women violated constitutional protections relating to the right to health. 

As a young woman sitting at the clerk’s table, maintaining a composed and impartial demeanour while counsel debated these issues required considerable discipline. Yet, the arguments brought into focus societal realities that demand serious attention. 

Access to contraceptives and comprehensive, accurate reproductive health information is a matter of health, dignity and informed choice. Young girls do not experience unintended pregnancies simply because they know too much. Rather, limited access to accurate, age-appropriate information about their sexual and reproductive health and rights can leave them ill-equipped to make informed decisions about their lives and health. 

Withholding essential information in the name of culture or social values does not eliminate young people’s sexual and reproductive health needs. Instead, it risks limiting their ability to make informed decisions and protect their health. 

Watching counsel navigate the tensions between public interest, constitutional rights and social values revealed why reproductive justice remains a contested subject. Legal and policy questions surrounding access to reproductive health services are often shaped by deeply held religious and cultural beliefs, making it necessary to examine how these beliefs interact with constitutional protections. 

From the clerk’s table, however, the human implications were difficult to overlook. When a girl cannot access contraceptives or even basic reproductive health information, her health, education, dignity and future opportunities may be put at risk. 

This is why CEHURD’s choice of theme was significant. By bringing these questions into the courtroom, the competition challenged law students and aspiring legal practitioners to examine access to reproductive health services through the lens of constitutional rights and justice, rather than treating it as a subject to be avoided or left unexamined. 

Serving as a clerk at the 13th Annual National Inter-University Constitutional Law Moot Court Competition, was a valuable learning experience. Although I did not leave with a competitor’s trophy, I was honoured to receive a Certificate of Appreciation in recognition of my role as a moot court clerk. 

More importantly, I left with greater confidence, a deeper understanding of the right to health and practical experience in facilitating courtroom proceedings. The experience taught me that meaningful engagement with justice does not happen only through the arguments presented by counsel. It also involves the discipline, preparation and impartiality that allow those arguments to be heard. 

For me, the moot was a reminder that questions of reproductive justice are not confined to legal texts or courtroom debates. They concern real people, their choices, their dignity and their access to essential health services. As I continue my journey in the legal profession, these are lessons I will carry with me. 

The writer is a Clerkship Student in the Strategic Litigation Department at the Center for Health, Human Rights and Development (CEHURD).

Beyond a Moot Problem: When Reality Strikes! 

By Jay Tumwesige

The discourse on reproductive and gender justice in Uganda extends beyond courtroom litigation to encompass broader questions of individual autonomy, human dignity, equality, non-discrimination, healthcare access and State responsibility. At its core, the debate concerns the relationship between constitutional rights, public interest and the social, cultural and moral values that shape Ugandan society. The central constitutional challenge is therefore not merely to determine whether particular reproductive decisions are legally permissible, but also to establish the conditions under which individuals may exercise their rights meaningfully, safely and with dignity. 

Reproductive justice is best understood as a multidimensional concept that extends beyond the formal recognition of reproductive autonomy. It includes the ability to make informed reproductive decisions, access appropriate and affordable healthcare, obtain accurate information, and live free from coercion, discrimination and gender-based violence. It also requires consideration of the socioeconomic conditions in which reproductive choices are made. Poverty, geographical disparities in healthcare provision, limited educational opportunities, inadequate infrastructure, gender inequality and social stigma may significantly restrict the practical enjoyment of legally recognised rights. 

Uganda’s Constitution provides an important normative framework for addressing these concerns. Guarantees relating to human dignity, equality, personal liberty, freedom from discrimination and the protection of fundamental rights impose obligations not only on courts but also on Parliament, the Executive, healthcare institutions, educational institutions, law enforcement agencies, employers and other public and private actors. Constitutionalism must therefore be understood as an institutional obligation reflected in the treatment of patients, the protection of survivors of sexual violence, the inclusion of pregnant students, the protection of pregnant workers and the accessibility of public healthcare services. 

A meaningful conception of gender justice further requires a distinction between formal and substantive equality. A formally neutral rule may produce unequal outcomes where individuals occupy different social and economic positions. Pregnancy, childbirth, caregiving responsibilities, disability, poverty and exposure to gender-based violence may create forms of disadvantage that identical treatment fails to address. Substantive equality consequently requires an examination of the distribution of power and resources: who controls reproductive decisions, who has access to economic and medical resources, whose experiences are recognised by law, and who bears the consequences of reproductive choices. 

This analysis must also engage with the relationship between individual rights and cultural or religious values. Family, religion, tradition and community remain significant features of Ugandan social life. Constitutional democracy should therefore accommodate legitimate moral and cultural pluralism. Nevertheless, cultural or religious beliefs cannot provide an unrestricted justification for discrimination, coercion, violence or the denial of human dignity. Respect for social values must coexist with a minimum constitutional threshold of equality, autonomy and fundamental freedoms applicable to all persons. 

The State’s responsibility extends beyond enacting legislation or developing judicial doctrine. Rights acquire practical meaning through effective implementation, including investment in healthcare infrastructure, reproductive health education, legal aid, professional training, public awareness, institutional oversight and accessible mechanisms of redress. Particular attention must be given to adolescents, women with disabilities, survivors of sexual and gender-based violence, persons living in poverty, and rural or underserved communities, whose formally recognised rights may be constrained by distance, cost, stigma, dependence or institutional discrimination. An intersectional approach is therefore essential to identifying how multiple forms of disadvantage interact. 

Reproductive and gender justice should consequently be regarded as a shared constitutional project. Courts remain vital forums for interpreting rights and holding institutions accountable, but Parliament, the Executive, healthcare providers, schools, workplaces, families, religious institutions, traditional leaders and civil society also shape the conditions in which rights are exercised.

The moot court is therefore not the conclusion of the constitutional conversation, but an entry point into a broader examination of how legal principles operate in hospitals, schools, homes, workplaces, police stations, communities and public institutions. 

Ultimately, the legitimacy of Ugandan constitutionalism depends not only on the sophistication of judicial reasoning or the existence of rights in constitutional texts, but also on whether individuals experience dignity, equality, autonomy, security and access to justice in their everyday lives. Reproductive and gender justice requires enforceable rights, accountable institutions, enabling social conditions and a constitutional culture committed to substantive equality and human dignity. The constitutional contest is therefore not confined to the courtroom; it is resolved through the everyday decisions that determine whether rights become meaningful realities. 

The writer is a Lawyer and Locum in the Strategic Litigation Programme at the Centre for Health, Human Rights and Development (CEHURD). 

From Mooter to Observer: Seeing the Moot Anew 

By Mirembe Lindah Namulema 

For 13 years, CEHURD has convened the Annual National Inter-University Constitutional Law Moot Court Competition, bringing together law students from across the country to argue cases involving constitutionally guaranteed rights and examine how these rights are protected, upheld or violated by the State. Each year, the moot presents a different dilemma, often reflecting the realities faced by women and girls, including circumstances that, in the most tragic cases, claim their lives. 

Watching the 13th edition of the Moot Court Competition as a former participant in the 12th edition was exciting, enlightening and, at the same time, a relief. It was comforting to sit on the other side without experiencing the pressure, sleepless nights, endless research and anxiety that came with being a mooter. The advocacy, confidence, and legal reasoning on display showed that the culture of mooting continues to grow. 

However, the competition also exposed a familiar challenge, many students appeared to view the moot primarily as an opportunity to win rather than as a learning experience. 

For some students, failing to advance to the next round affected their morale and interest in the competition, diminishing its learning value and purpose. Personally, when I was a mooter, I was largely focused on the competition itself: getting the authorities right, defending our arguments, responding to questions from the bench and, ultimately, trying to win. I did not always take time to reflect on the human realities behind the facts beyond what was necessary to build our case. 

After undertaking my internship at CEHURD, I now understand that the facts presented in moot problems are not merely hypothetical situations created to test legal reasoning. They often mirror the lived realities of women, girls and other vulnerable people whose rights have been violated. Behind what appears to be a fictional problem may lie a very real injustice. 

Every year, students have the opportunity to argue before experienced judicial officers from Uganda’s Courts of Judicature. This exposure helps them sharpen their legal research, develop written and oral advocacy skills, think on their feet and defend a position under pressure. It also challenges them to work as a team, manage time, engage critically with legal authorities and, perhaps most importantly, find their voices as young advocates. 

That is part of what makes the CEHURD Moot so important. It does not simply develop better mooters, it has the potential to shape young lawyers who understand that constitutional law is ultimately about people and the protection of their rights. Moreover, the moot gives students from different universities an opportunity to meet, network and learn from one another. 

The 13th Annual National Inter-University Constitutional Law Moot Court Competition was undoubtedly a success. I extend my heartfelt gratitude to CEHURD for continuing to create this space and invest in the next generation of lawyers. Having experienced the moot first as a participant and later as an observer, I have come to appreciate that its lessons extend far beyond the competition itself and remain with participants long after it ends. 

The writer is an Intern at the Centre for Health, Human Rights and Development (CEHURD) and was named Best Oralist at CEHURD’s 12th Annual National Inter-University Constitutional Law Moot Court Competition held in 2025. 

Beyond the Moot Court: When the Law Meets Community Realities 

By Sarah Akampurira 

From a community perspective, one of the most rewarding aspects of the 13th Annual National Inter-University Constitutional Law Moot Court Competition was seeing young people unpack real problems affecting people’s access to health services. 

What stood out was not simply the competition itself or the desire among participating universities to emerge as winners or demonstrate a strong command of English. It was the way young people were able to take everyday challenges faced by communities and examine them through the provisions of the law. 

Across the country, communities continue to grapple with challenges in accessing essential health services. For some people, a health facility may be several kilometres away. For others, the journey is made more difficult by poor roads, limited transport and the cost of getting there. Even after making the difficult journey, people may find that the service they need is unavailable, requiring them to travel even further. 

These may sound like ordinary community complaints. But what happens when young people begin to ask; What does the law say about this? What responsibility does the government have? What rights are affected when a person cannot access the health service they need simply because the facility is too far away or the road is impassable? 

This is where the moot competition became much more than a legal contest. 

Universities from across the country participated, bringing different ideas, perspectives, research, interpretations and experiences. Through debate, legal submissions and the comparison of arguments, the students were not simply seeking to win a competition. In many ways, they were examining problems that communities regularly face. 

A community member may simply say, “The health centre is too far.” Another may say, “The road becomes impassable when it rains.” A mother may explain the difficulty of travelling long distances to seek antenatal care or have her child immunised. A young person may speak about the challenges of accessing services that respond to their particular needs. 

The young lawyers, however, are challenged to ask another question: What does this mean from a rights and legal perspective? 

That shift in perspective is important. 

Viewed through the AAAQ framework of availability, accessibility, acceptability and quality, the CEHURD Moot gave university students an opportunity to examine everyday experiences beyond the immediate problem. Distance to a health facility becomes a question of accessibility. Poor roads raise questions about whether people can practically reach essential services. Gaps in health services raise questions about availability and quality. Whether services respond appropriately to people’s needs also raises questions of acceptability. 

Community experiences therefore become a starting point for examining whether existing systems are delivering what the law and public health commitments require. 

The moot demonstrated the value of creating spaces where young people can connect what they learn in law school with what people experience in their communities. It is one thing to understand constitutional provisions in a classroom. It is another to apply those provisions to the circumstances of a mother who cannot reach a health facility, a young person who struggles to access services, or a family that cannot afford the cost of travelling to the nearest facility. 

This approach also challenges the idea that legal advocacy belongs only in courtrooms. Sometimes, advocacy begins by asking the right questions. The 2026 moot problem reflected real-life experiences. 

Why is a health facility so far from the people it is intended to serve? What happens when a road prevents someone from reaching care? Who is responsible for ensuring that public services are accessible? What mechanisms exist for communities to demand better services? And what does the Constitution say about all this? 

One of the justices on the panel encouraged students to avoid arguing from emotion and instead base their submissions on the law and evidence. Yet, from the perspective of a social worker, I found something deeply rewarding in seeing these young lawyers bring an understanding of human experience and emotion to their interpretation of the law. It reminded me that behind every legal provision is a person, a family or a community whose lived reality gives meaning to the law. 

For a social worker and community health practitioner, these are not merely legal questions, they are community questions as well. The participation of Universities from different parts of the country also brought an important dimension to the discussion. Students brought different interpretations and perspectives, demonstrating that community problems can be understood from multiple angles. Through research, arguments, and debate, they demonstrated how legal knowledge can be used to examine social realities rather than remain confined to academic texts. 

At its heart, the moot experience demonstrated something simple: the law becomes more meaningful when it connects with people’s lived realities. 

For communities, the hope is that the energy, curiosity and legal understanding demonstrated by the students will extend beyond the moot courtroom into more concrete conversations about improving health services. 

The writer heads the Community Empowerment Programme at the Centre for Health, Human Rights and Development (CEHURD). 

CALL FOR APPLICATION: Retainer Psychosocial Support Services for CEHURD Staff and Clients

Deadline: 26th October 2026

The Center for Health, Human Rights and Development (CEHURD) is a legal and human rights organisation advancing social justice and human rights in health. Our legal aid clinic supports people whose health rights have been violated, and this work often exposes our staff, case handlers, volunteers and clients to distressing experiences.

CEHURD is seeking a suitably qualified psychosocial professional or firm, on a 12-month retainer, to provide confidential, rights-based and trauma-informed psychosocial support.

Individual professionals or psychosocial agencies with an advanced qualification in psychology, counselling, social work or a related field, at least 5 years of relevant experience, and familiarity with Uganda’s mental-health and social protection landscape are encourage to apply.

Email your application to support@cehurd.org with the subject line “Application: Psychosocial Support for CEHURD” by 26th October 2026. Only shortlisted applicants will be contacted.

Download the full Terms of Reference for the complete scope of work, deliverables, qualifications and application requirements.