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 “Reproductive 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 “lawyering 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: “The 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 “dribbling” 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).

We need a healthy, violence-free society

 The world would be better off with more women as leaders, entrepreneurs, and agents of change for development.

Ms fatia kiyange
We have made tremendous progress toward achieving women’s rights over the years. However, massive gender gaps persist. There are still increased cases of gender-based violence and women continue to provide the biggest percentage of unpaid, but essential care work.

Transformative change toward gender equality requires further investments, changes in law and policies, interventions to shift social and gender norms, and the audacity to change power relations. For example, we urgently need a witness protection law that ensures that witnesses and survivors of gender-based violence are protected.

We also need to invest in the establishment of gender-based violence shelters where survivors are able to access a full range of services including psychological support. Our public health system that serves most women is substantially under-resourced to guarantee the right to health for the most vulnerable women in our community. The world would be better off with more women as leaders, entrepreneurs, and agents of change for development.

Women and girls are still struggling to access health services and that women and girls are disproportionately affected by barriers to accessing and using health services. For example, women and girls experience structural barriers, including financial hardship, lack of transport (especially in rural areas) and lack of time because of a care burden or other unpaid labour. The existence of specialised sexual and reproductive services for women is essential in addressing the huge structural barriers that women and girls across the world experience in accessing health care. Much more must be done to communicate the importance of gender as a barrier to access health services.

Processes for achieving Universal Health Coverage are gender blind, and COVID-19 has shown that women and girls are still being left behind. Cases of Gender Based Violence, teenage and unplanned pregnancies skyrocketed during the pandemic. To achieve Sustainable Development Goal 3 of health and wellbeing for all, it is imperative to transform health systems so they are intersectional- and gender-responsive.

The writer is the Executive Director for Center For Health Human Rights and Development.

A version of this article was published in the New Vision Newspaper page 40, on Wednesday March 8th 2023.

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).

Press Statement: Release Obiga Patrick from IHK jail today – #FreeObiga

FreeObiga

Download press statement here

Kampala –Uganda –Today the Center for Health, Human Rights and Development (CEHURD) and Ms.
Rose Obiga filed a case with Uganda’s High court in Kampala seeking for a court order for the release of
Mr. Patrick Obiga who has been illegally imprisoned and detained at International Hospital Kampala (IHK) in Namuwongo.

On the 4th day of August, 2016 Mr. Patrick Obiga –an assistant operations officer with Hash Security while on duty supervising his colleagues got an accident and while unconscious was rushed to IHK in
Namuwongo for emergency treatment. Mr. Obiga was given an emergency operation which successfully
brought him back to life. On the 22nd day of August, 2016, health workers recommended his discharge from hospital.

Mr. Obiga was charged a sum of over 38 million (Thirty eight million Uganda Shillings) as fees for his
treatment. His family has been able to pay over 20 million (Twenty million Uganda Shillings) in installments. Despite the partial payment and Mr. Obiga’s plea to be discharged to look for the outstanding balance, he
remains incarcerated at the Hospital.

This act of detaining and imprisoning patients in health facilities is unconstitutional and violates
fundamental human rights guaranteed in the 1995 Constitution of the Republic of Uganda. In this instance, IHK is in continuous violation of Mr. Patrick Obiga’s right to liberty, right to be free from torture, cruel, inhuman and degrading treatment. These violations are also in breach of the Prevention and Prohibition of Torture Act, that Parliament passed recently!

IHK can recover its out standing balances following due process of law rather than abusing rights of
patients.

WE DEMAND THE RELEASE OF OBIGA PATRICK FROM IHK JAIL TODAY!

We appeal to the Uganda Medical and Dental Practitioner’s Council to:

  • Urgently make a communication on how to regulate practices of private health service providers in
    recovering their costs without subjecting patients to incarceration
  • Review files of all patients detained illegally by IHK and other private health facilities and make
    arrangements for their immediate discharge

JUDGEMENT: Supreme Court orders the Constitutional Court to hear Maternal Health Cases

The judgment struck down a 2012 ruling by the Constitutional Court that it had no mandate to hear a case regarding the alleged violation of health rights and the rights of women.

The case had been filed by families of two pregnant women who died in childbirth and the Center for Health Human Rights and Development (CEHURD) against the Attorney General in 2011 (Constitutional Petition No. 16 of 2011), arguing that non-provision of maternal health services in Uganda violated the Constitution.

The Attorney General argued on preliminary objection that issues relating to health rights were “political questions”—matter that the Judiciary had no authority to address. Constitutional Court agreed with the State’s objection and dismissed the case.

The Supreme Court’s ruling struck down the Constitutional Court’s judgment, and means the original case can now be heard on its merits.

“With great respect to the Constitutional Court, I think they misunderstood what was required of the court. I do not think the court was required to determine, formulate or implement the health policies of government. In my view, the court is required to determine whether the government has provided or taken all practical measures to ensure the basic medical services to the population. In this case it is maternal services in issue” Bart M Katureebe, Chief Justice