Dr Maria Nassali, a senior lecturer from the Makerere University School of Law, has rallied lawyers and judges to revisit their perspectives on abortion.
Nassali was speaking during the launch of the case digest for abortion in Africa organized by the Women’s Pro Bono Initiative at an event held in Kampala recently.
Abortion remains one of the most contentious issues in Uganda, mired in political, social, cultural, and religious contestations. Nassali said: “The women’s unfettered right to reproductive autonomy is yet to be recognized as a positive international human right. Although abortion cases are reported, they are hardly prosecuted but often used for extortion and as evidence of defilement”.
Nassali noted that there was a need for legal practitioners to allow pregnant women to decide what happens to the unborn baby. She added, “It is the pregnant lady who knows the circumstances under which she got pregnant. This same lady should have the liberty to decide whether she either retains or aborts the child. As practitioners of the law, we should recognize that women come with all forms of diversity. Some young girls are being sexually abused by relatives and older men who abuse the trust bestowed in them”.
Meanwhile, Rahom Bukirwa, the programmes manager of the Women’s Pro Bono Initiative, said the case digest on abortion in Africa was prepared to help both Ugandan lawyers and judges access previously decided cases on abortion from across the continent and the grounds for their determination.
She said, “There are generally very few cases of abortion in the records of courts in Africa. This case digest is drawn from cases in South Africa, Kenya, Rwanda, and Malawi. Since the law relies on decided cases, the case digest will come in handy for both the lawyers and members of the bench”.
Ugandan courts have not made a single decision on abortion. The two cases are still before the Constitutional court. By Samuel Muhindo, The Observer