Beyond Recitation: The Art of Persuasion and the Pursuit of Reproductive Justice

Reflections from the 13th CEHURD National Inter-University Constitutional Law Moot Court Competition, 2026

By Nakibuuka Noor Musisi

A courtroom is more than a place where lawyers cite provisions of the law and judges pronounce decisions. It is a space where competing interpretations of rights are tested, facts acquire legal meaning, and the quality of advocacy can determine whether a constitutional promise becomes meaningful in people’s lives.

This was one of the central lessons from the 13th CEHURD Annual National Inter-University Constitutional Law Moot Court Competition, held from 24th to 25th September 2026 under the theme β€œReproductive and Gender Justice in Uganda: Navigating Constitutional Rights, Public Interest and Social Values.”

At one level, the moot was a competition among university law students, at another, it was a practical exercise in understanding what it means to use the law as an instrument of justice.

The legal questions placed before the mooters were closely connected to realities that reproductive justice must confront: adolescent access to contraception and health services, emergency healthcare, maternal health, poverty, geographical barriers to healthcare, parental consent, government accountability, public resources, stigma and the consequences of delayed or inadequate care.

These are not merely questions of legal interpretation; they are questions about whether constitutional rights can be meaningfully enjoyed by people whose social and economic circumstances may make access to those rights difficult.

When constitutional rights meet lived realities

Reproductive justice requires us to look beyond whether a right exists on paper and ask whether people can actually enjoy it.

A constitutional provision may recognise equality, dignity, health, life, privacy or freedom from discrimination. Yet for a young person living far from a health facility, without the resources to travel, facing stigma or navigating requirements that may limit access to services, the existence of a constitutional right does not automatically translate into access.

This is where constitutional law becomes particularly important.

The law must grapple with the relationship between individual rights and broader questions of public interest, culture, social values and state responsibility. It must ask difficult questions about autonomy, parental responsibility, access to healthcare, equality and accountability.

The CEHURD moot competition provided students with an opportunity to confront these questions not simply as academic propositions, but as advocates before the bench.

And that is an important distinction. A constitutional rights framework is meaningful only when lawyers can connect legal principles to the realities of the people whose rights are before the court.

Advocacy is more than knowing the law

One of the clearest lessons from the preliminary rounds was that effective advocacy is not measured by the number of authorities a lawyer can cite. It is measured by whether the argument is clear, coherent, legally grounded and persuasive.

His Worship Ivan Busulwa reminded the mooters to ensure that an argument is firmly established before moving to another. His Worship Osauro John Pauls emphasised that β€œlawyering is about persuasion.” Statutory provisions may remain static, but it is the lawyer’s task to persuade the audience about how those provisions apply to the facts before the court.

Her Worship Kambedha Lydia emphasised that a strong mooter must organise arguments clearly, support each point with the right authorities, respond confidently to questions, concede where appropriate and acknowledge gaps honestly.

Her Worship Ariokot Esther Joyce reinforced the same message: lawyering is not about who cites the most laws, but about who is able to persuade the court and argue the case clearly.

These reflections extend well beyond mooting. They are a reminder that a lawyer may have an excellent legal proposition, but if that proposition is buried under unnecessary authorities, poorly structured submissions or an inability to respond to the court, its persuasive force may be lost.

This is particularly important in public interest litigation, where lawyers often must translate people’s lived experiences into constitutional arguments without losing the human reality behind the case.

The advocate therefore, one must not only know the law but must also know how to make the law speak to the facts.

The courtroom is not an examination hall

Perhaps one of the most important lessons from the competition was the distinction between demonstrating knowledge and practising law.

In an examination, a student may be rewarded for reproducing a well-developed legal argument. In court, the advocate must listen, respond and engage.

The lawyer must understand the question being asked, identify the real issue and take the court directly to it. The lawyer must also be prepared to adjust the argument when challenged.

The judges repeatedly encouraged the mooters to be direct, organised and confident; to present only the facts and authorities relevant to the issue; to respond to the opponent’s arguments; and to remain respectful and open minded.

This is an important lesson for legal education; knowing what the law says is necessary, but it is not enough. Future lawyers must also learn how to use the law.

From academic papers to courtroom advocacy

The final round brought these lessons into sharper focus. The final bench comprised Hon. Rtd. Justice Stephen Martin Egonda Ntende, Hon. Justice Catherine Bamugemereire, Hon. Justice Geoffrey Wilfred Kiryabwire, Hon. Justice Eva K. Luswata and Hon. Justice Aisha Naluzze Batala.

Their participation provided students with an opportunity to receive practical reflections from experienced members of the superior courts.

Justice Geoffrey Wilfred Kiryabwire offered a memorable analogy: β€œThe only way you can win a game is by scoring more goals than the other side.” His message was that lawyers should not concentrate on β€œdribbling” through unnecessary complexity. They should focus on advancing their case.

He also cautioned that submissions should not sound like academic papers.

This distinction matters; academic writing allows space for extensive discussion and multiple authorities. Courtroom advocacy requires the lawyer to identify what matters to the determination of the case and present it with precision.

Justice Kiryabwire also highlighted the value of exposing law students to actual court proceedings. He noted that a university had, for the first time, requested to attend a criminal session at the Court of Appeal and that the students subsequently interacted with the judges. Such experiences help bridge the gap between the classroom and the justice system.

Justice Eva K. Luswata encouraged the mooters to break their submissions into clear points and avoid reading extensively from long prepared texts. The lawyer must engage with the court rather than simply read to it.

Lady Justice Aisha Naluzze Batala reminded the mooters that when stating a ground of appeal, the advocate should engage with it immediately. Her observation that access to contraceptives for minors should be considered alongside cultural and societal values also reflected the broader complexity of reproductive justice.

These are not simply techniques for winning a moot, they are habits that shape professional identity.

The human being behind the legal argument

This year’s moot accorded students with another lesson; effective advocacy requires listening.

A lawyer who listens to the court can understand the concern behind a question. A lawyer who listens to opposing counsel can identify the real point of disagreement. A lawyer who listens to the facts can appreciate the human consequences that the legal argument must address.

In reproductive justice litigation, this is particularly important because the law often intersects with experiences that cannot be reduced to legal provisions.

A constitutional question about access to contraception may involve age, autonomy, parental responsibility, culture, poverty and health-system capacity.

A case concerning maternal healthcare may involve not only the right to life or health, but also distance, referral systems, emergency response, staffing, financing and accountability.

A case concerning unsafe abortion may require an understanding of how stigma, poverty, limited access to services and the legal environment can interact in ways that affect people’s lives.

The lawyer must therefore see the whole picture while maintaining legal discipline.

This is also where the principle of public interest becomes important. The lawyer is not simply arguing for a legal proposition; the argument may have implications for people beyond the immediate parties. A constitutional decision can shape institutional practice, public policy and access to services.

Reproductive justice requires more than winning a case.

The moot also raises a broader question about the purpose of public interest litigation and whether the objective of such moots and litigations is just to win a case.

A judgment can resolve the dispute before the court, but reproductive justice asks a wider question: what happens after the judgment? Does the decision change institutional practice? Does it improve access to healthcare? Does it remove discriminatory barriers? Does it strengthen accountability? Does it reach the people whose experiences gave rise to the litigation? Does it change how institutions understand their constitutional obligations?

These questions remind us that litigation is one component of a broader justice process.

For organisations like CEHURD working at the intersection of law, health and human rights, the courtroom is one part of advocacy. Research, community engagement, strategic litigation, policy advocacy, public education and institutional accountability all contribute to transforming rights from constitutional promises into lived realities.

The moot’s focus on reproductive and gender justice reminds future lawyers that their work may extend beyond the courtroom. They may be called upon to understand the systems that produce inequality and to use the law to challenge those systems.

The moot therefore provides a useful reminder that the lawyer’s role is not simply to win an argument. It is to use the law responsibly in pursuit of justice.

The deeper lesson: law must remain connected to people

The most significant lesson of the CEHURD moot may therefore be found beyond the competition itself.

The theme of reproductive and gender justice required the mooters to navigate the relationship between constitutional rights, public interest and social values. But the advocacy lessons from the judges provided another layer: justice is not achieved simply by knowing the right provisions. It requires the ability to connect law to facts, clarity, courage to acknowledge weaknesses in an argument, discipline to distinguish what is relevant from what is merely interesting, respect for the court and the capacity to persuade without losing sight of the people whose rights are at stake.

For reproductive justice advocates, this is particularly significant. The people whose rights are litigated are not constitutional hypotheticals. They are adolescents seeking information and services, women seeking safe and timely maternal healthcare, families navigating poverty and health system barriers, and communities whose social and cultural realities shape how rights are experienced. Therefore, the law must remain connected to those realities.

The moment of truth

After two days of research, preparation and rigorous oral advocacy, the competition reached its conclusion.

Islamic University in Uganda Females Campus emerged as the winner of the 13th Annual National Inter-University Constitutional Law Moot Court Competition, with Uganda Pentecostal University, Fort Portal Campus, as first runners-up.

Katimbo Alison Faith was recognised as Best Oralist.

Uganda Christian University, Mukono received the award for Best Memorial, while Islamic University in Uganda, Kampala received Second-Best Memorial.

These awards recognise different dimensions of legal advocacy.

Oral advocacy requires clarity, responsiveness, confidence and persuasion. Written advocacy requires research, analysis, structure and precision. Together, they represent important skills for any lawyer.

But the value of the moot cannot be measured only through the final results.

The participating law schools, students, coordinators, clerks and judges collectively created a learning environment in which students could test their knowledge, receive practical feedback and experience the demands of courtroom advocacy.

The competition therefore ended with winners, but the learning continues.

Beyond the moot

The 13th CEHURD National Inter-University Constitutional Law Moot Court Competition was, on the surface, a competition. But its deeper value lies in the professional formation it offers.

It teaches future lawyers that advocacy is not about demonstrating how much law they know. It is about identifying the real issue, understanding the facts, using the right authorities, responding to the court and persuading through a clear and lawful argument. It also demonstrates why spaces that bring together constitutional law, reproductive justice and practical advocacy matter.

The next generation of lawyers will inherit difficult questions about autonomy, equality, health, dignity, gender, culture, public resources and state accountability. Their effectiveness will depend not only on what they learned in law school, but on how they learned to use the law in service of people.

The lessons from the moot are therefore worth carrying beyond the competition and into the courtroom.

The Moot may have ended with a trophy, but its most important outcomes are likely to be seen much later- in the confidence of young advocates, the quality of their submissions, their ability to listen and respond, and their willingness to use the law to advance reproductive justice.

Know your facts. Get to the substance. Speak to the court. And make every submission count.

That is the art of advocacy.

The writer is the Deputy Executive Director at the Centre for Health, Human Rights and Development (CEHURD).

The Intersection of Reproductive and Gender Justice: A Reconciliation of Legal Rights with Collective Interests and Community Morals in Uganda Today

By Nakirayi Fatuma.B

Lecturer:  Islamic University in Uganda- Kampala Campus

Kibuli Hill Road

Kampala Uganda

Uganda has promoted gender and reproductive justice through foundational constitutional guarantees, specific protective legislation, and national policy framework. Through institutions such as The Center for Health, Human Rights and Development (CEHURD) which promotes gender and reproductive justice in Uganda, issues such as strategic litigation, community empowerment, legal aid, and policy advocacy have been embraced by many communities including higher institutions.

Students from Higher institutions and universities in Uganda have gotten a chance to acquire knowledge in the promotion of gender and reproductive justice by actively participating in specialized, high-impact national moot court competitions that challenge students to litigate multifaceted real-world human rights predicaments conducted by CEHURD every year. These moot court competition podiums train law students in public interest litigation, preparing young lawyers with the ethical foundation and practical expertise to encounter prejudiced laws and policies in the Ugandan Judicial system.

This programme is not just about the teams championing, but it uplifts and contributes to students’ ability to face real-life experiences in the legal profession. The moot problems seem fictional, but they are real problems faced by vulnerable individuals in various societies that require legal attention. With the introduction of the competence-based education system at higher learning institutions, the skills acquired by students during research, drafting and oral training sessions are enough to contribute to the students’ career building.

As higher institutions, this grants Universities a chance to produce better lawyers who will advocate for gender and reproductive justice whilst respecting the rule of law for all. Many students participate in this competition with the aim of learning, test their legal ability and competence as well as leaving victorious after the competition while others, its more than winning but to challenge themselves if they really have what it takes to bring justice to the needy while using the available laws. Our students are enthusiastically looking forward to this year’s competition.

A Reflection on the CEHURD Moot Court Competition

– By Calvin Obita, Lawyer and Chief Clerk 11th CEHURD Moot

I had the privilege of serving as Chief Clerk in a highly impactful 11th Annual National Inter-University Constitutional Law Moot Court Competition organized by the Center for Health, Human Rights, and Development (CEHURD). The theme, “Balancing Competing Priorities in Championing Reproductive Rights and Gender Equality in Uganda,” could not have been more timely or relevant to the challenges we face as a nation.

In my role, I was responsible for facilitating the smooth running of the proceedings, which allowed me to interact closely with the distinguished panel of judges and the brilliant participants who put forth compelling legal arguments on some of the most pressing issues facing Uganda today. These included access to quality sexual and reproductive health services, discrimination on the basis of pregnancy, and the government’s responsibility in ensuring safe and legal access to reproductive healthcare, including the right to safe termination of pregnancy.

The moot problem was a poignant reflection of the real-world dilemmas in Uganda’s health and legal landscape. It tackled critical issues such as:

– The failure to provide adequate sexual and reproductive health services and how this violates constitutional guarantees of health rights.

– Discrimination in the workplace, particularly against pregnant women, and its broader impact on gender equality and women’s mental and physical health.

– The lack of laws and policies to ensure safe abortions, contributing to alarming maternal mortality rates, which remains a pressing concern.

– The unequal access to healthcare based on religious affiliations and how such disparities deepen existing inequalities in society.

Being part of this moot made me acutely aware of the delicate balance needed to champion reproductive rights while considering cultural, religious, and societal priorities. The legal arguments presented during the competition explored the tension between ensuring individual freedoms and health rights versus state and community interests, sparking thought-provoking discussions on how Uganda can move forward.

– Calvin

This experience not only sharpened my understanding of these issues but also reaffirmed the vital role of legal advocacy in addressing reproductive rights and gender equality in Uganda. The engagement and dedication of CEHURD in organising this moot reminded me of the importance of relentless advocacy in shaping a future where every individual has equal access to health rights, regardless of gender or circumstance.

I am incredibly grateful for the opportunity to have contributed to this significant platform, which has added so much to my professional growth and my appreciation of human rights law. Moving forward, I am inspired to continue engaging with these critical issues and supporting efforts that drive positive change in Uganda and beyond.

Rural Uganda’s Forensic Evidence Gap is Undermining Justice for Survivors of Sexual ViolenceΒ 

By Judith Nakalembe 

For many survivors of sexual violence in rural Uganda, the journey to justice is often obstructed not only by the trauma of the violation itself, but also by gaps in the systems meant to support them. One of the most significant challenges is the limited availability of forensic services, particularly the collection and testing of sexual assault swabs. These services are critical to gathering scientific evidence that can strengthen investigations and prosecutions. 

The absence of accessible forensic services in many rural districts can weaken cases that might otherwise result in successful prosecutions. When crucial evidence cannot be collected, preserved or analysed within the required timeframe, investigations may be left without the scientific evidence needed to corroborate a survivor’s account or connect a suspect to an offence. 

A case involving a 14-year-old girl from Mayuge District illustrates the challenges faced by survivors in rural communities. The girl was defiled while on her way to school. Although she could not identify the perpetrator by sight, she was able to remember his voice. Importantly, semen was found on her clothing, potentially providing valuable forensic evidence to support the case. 

The suspect was arrested, giving the survivor and her family hope that justice would be achieved. However, the investigation faced a major obstacle: the need to conduct a sexual assault swab test to obtain corroborative forensic evidence. The police were informed that the required testing could only be conducted at the Wandegeya laboratory in Kampala, despite the offence having occurred in Mayuge District. 

This requirement created additional barriers within the justice process. Transporting a police officer and evidence to Kampala requires financial resources that many rural police stations do not have. For survivors and their families, many of whom live in economically vulnerable communities, meeting these costs can be impossible. 

As a result, some families eventually withdraw from pursuing cases, not because they do not want justice, but because the process becomes too expensive, prolonged and emotionally exhausting. When cases are abandoned for these reasons, perpetrators of sexual violence may escape accountability, while survivors’ confidence in the justice system is further undermined.Β 

The challenge also affects police officers responsible for investigating sexual offences. Even where investigators are committed to pursuing cases, the lack of nearby forensic facilities limits their ability to build strong cases. Delays in accessing evidence collection and testing services can compromise investigations and reduce the likelihood of successful prosecution. 

Civil society organisations have played an important role in addressing some of these barriers. Organisations such as the Center for Health, Human Rights and Development (CEHURD) have supported survivors to reduce some of the costs associated with pursuing justice. However, such interventions cannot reach every survivor or cover every district across the country. Access to justice should not depend on whether a civil society organisation is available to provide financial assistance. 

The responsibility to provide accessible and effective forensic services rests with the government. Sexual violence occurs in both urban and rural communities, and survivors should not face unequal chances of obtaining justice simply because of where they live. 

The government must take urgent steps to decentralise sexual violence evidence collection services and ensure that survivors can access timely forensic support closer to home. Health Centre III and Health Centre IV facilities should be appropriately equipped and supported to collect, preserve and refer evidence in accordance with professional standards. Health workers, police officers, prosecutors and other justice actors should also receive regular, specialised training in survivor-centred care and evidence handling. 

Improving access to forensic services at local level would reduce delays, lower costs for survivors and investigators, and increase the chances of successful prosecution. It would also help prevent the loss or deterioration of time-sensitive evidence and demonstrate a commitment to ensuring that every survivor has equal protection under the law. 

Justice should not depend on a family member or police officer being able to travel hundreds of kilometres to access a service that is essential to proving a crime. A survivor in Mayuge deserves the same opportunity for justice as a survivor in Kampala or anywhere else in Uganda. 

The government must act to ensure that sexual violence evidence collection services are accessible throughout Uganda. Without these reforms, many survivors will continue to face a second injustice: the failure of the very systems meant to protect them and hold perpetrators accountable. 

The author is a lawyer at the Center for Health, Human Rights and Development (CEHURD). 

The Clarion Call: How we can end Hepatitis B as an ecosystem focusing on preventionΒ 

By Kizito Khalid Ssekabembe 

According to World Health Organization, β€œHepatitis B is a viral infection that attacks the liver and can cause both acute and chronic disease. The virus is most transmitted from mother to child during birth and delivery, in early childhood, as well as through contact with blood or other body fluids during sex with an infected partner, unsafe injections or exposures to sharp instruments. The WHO estimates that 240 million people were living with chronic hepatitis B infection in 2024, with 0.9 million new infections each year. In 2024, hepatitis B resulted in an estimated 1.1 million deaths, mostly from cirrhosis and hepatocellular carcinoma (primary liver cancer).  

In Uganda, approximately 1.845 million Ugandans are chronically infected with the virus and liver cancer caused by HBV contribute 5.1% of all cancer deaths. 

According to the 2016 Uganda Population based HIV Impact assessment survey, prevalence of Hepatitis B infection among adults stands 4,3% (5,6% among men and 3.1% among women). The survey indicates that Hepatitis B prevalence is highest in Northern region with 4.6% in mid North ,4.4% in Northeast and 3.8% in West Nile.  Hepatitis B infection was lower in the rest of the country with a range of 0.8% in the Southwest region to 2.7% in East Central region. 

Laws and Policies on Right to Health and Hepatitis B in Uganda and gaps that need to be addressed. 

Although the constitution is not so clear on the right to health, there are laws and policies that have been put in place: Uganda guidelines for prevention, testing, care and treatment of hepatitis B and C virus 2024, Public Health act 2023, National immunization Strategy (2024-2028), immunization act 2017, public health rules 2014. 

Gaps that need to be addressed  

Financial gaps: financial disparity needs to be given attention because financial allocations are more given to HIV than Hepatitis B; Hepatitis B remains underfunded despite its high disease burden. Financing structures must be reevaluated for purposes of equity and fairness. 

Implementation and sensitization: there is an urgent need to bridge the persistent and sensitization gaps in Uganda’s public health response to Hepatitis B. While the Uganda guidelines for prevention, testing, Care and treatment of Hepatitis B 2024 offer a robust framework, a disconnect between these clinical standards and public understanding. The government must effectively engage the public by educating high risk groups such expectant mothers and sex workers on Hepatitis B prevention and procedures. 

Human rights and stigma protection on Hepatitis B patients: government policy must protect the rights  of Hepatitis B patients and one of the ways should be guaranteed confidentiality by strictly enforcing medical confidentiality laws, workplace equality like banning mandatory screening at places of work to prevent unfair termination or exclusion. 

The battlefield as an eco-system our focus being prevention 

Since hepatitis B is incurable, we can work on control and prevention as our mode of fighting, one of the ways we can do this to make sure we do regular checkups.Β Β 

Diagnosis: This involves the steps that your health care professional takes to find out if you have hepatitis B. Your healthcare professional gives you a physical exam and looks for symptoms of liver damage. These symptoms can include yellow skin and stomach pain. Tests that can help diagnose hepatitis B or its complications are Blood tests that can detect the hepatitis B virus in your body. They can also tell your health care professional if the infection is acute or chronic. A simple blood test also can find out if you are immune to the condition this is according www.mayoclinic.com 

Vaccination: hepatitis B is preventable with a vaccine. All babies should receive hepatitis B as soon as possible after birth (within 24 hours). This is followed by two or three doses of hepatitis B vaccine at least four weeks apart. Hepatitis B can be passed from mother to child. this can be prevented by taking antiviral medicines to prevent transmission, in addition to the vaccine shortly after birth. The pentavalent vaccine to infants at 6,10 and 14 weeks. Adult vaccination may also be offered as long as there is no evidence of chronic infection. This vaccine should be given at 0,1and 6-month intervals. 

Public campaigns and addresses especially among the Youth on Hepatitis B prevention, especially on regular condom use: To effectively eliminate the spread of Hepatitis B, we must promote safe sex practices such as consistent condom use. The phrase of β€˜β€™eating a sweet in polyethene bag β€˜β€™ is a commonly slang term used by young people   to express that using condoms reduces sexual pleasure and intimacy during sex.  Public health campaigns frequently fail to address this mindset because they heavily focus on clinical facts rather than addressing consistent use of condoms. 

Currently public health awareness is overwhelmingly focused on HIV but it’s high time we also intentionally focus on Hepatitis B. Targeted intervention is urgent in transit and the areas around Busega and  Nateete are well known hubs for nighttime, trade, transport and informal businesses which correlate with high levels of commercial sex. Introducing focused Hepatitis B awareness and its prevention is essential in these communities and many other communities. 

According to the world health organization we should also avoid sharing needles or any equipment used for injecting drugs, piercing or tattooing, wash your hands thoroughly with soap and water after coming into contact with blood, body fluids, or contaminated surfaces and get a hepatitis B vaccine if working in a health care setting. 

Conclusion

The World Health Assembly called for governments and populations to take action to prevent diagnosis and treat viral hepatitis. Globally, 90% of people living with viral Hepatitis B and C do not know they have it, leading to an average of 3000 deaths every day. It is important to remember that the fight against Hepatitis B cannot be won in isolation, we must recognize that eliminating this disease requires a fully integrated ecosystem rather than leaving the government to carry the burden alone. 

The Author is a Lawyer and an Intern as Center for Health, Human Rights and Development (CEHURD).