The Constitutional Court has upheld the Anti-Homsexuality Law, dealing a blow to human rights advocates who had wanted it struck from the law books.
“We decline to nullify the anti-homosexuality law in its entirety,” Richard Buteera, the deputy chief justice who read the judgment said.
The court said the law generally complies with the Constitution.
It, however, nullified sections 3(2)(c), 9, 11(2)(d) and 14 of the Anti-Homosexuality Act for contravening the Constitution.
In a damning judgment, the court said the law in its current form does not hinder freedom of expression, assembly and that some of its sections were important to preserve society’s morals.
The court said evidence on record is the Anti-Homosexuality Act was enacted against the backdrop of the recruitment of children into the practice of homosexuality. That is the mischief that Section 11 of the Act seeks to address.
“The disqualification of homosexual convicts from employment in child care institutions under Section 12 and 13 of the Act is intended to protect children and vulnerable groups in society -Richard Buteera, Deputy Chief Justice of Uganda,” he said.
The petition was brought by human rights activists who said the law contravened fundamental freedom of expression and was a danger to humanity.
The petitioners argued that it contravened Uganda’s commitments under international human rights law, including the United Nations Convention against torture.
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