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Nafuna Josephine.Pdf AN EXAMINATION OF THE RIGHTS OF PREGNANT WOMEN AND UNBORN BABIES THE LAW RELATING TO ABORTION IN UGANDA BY NAFUNA JOSEPHINE llB/43313/143/DU A RESEARCH REPORT SUBMITTED TO THE FACUlTY OF lAW IN PARTIAl FUlFilMENT FOR THE AWARD OF A BACHElORS DEGREE IN lAWS AT KAMPALA INTERNATIONAl UNIVERSITY MAY, 2018 Declaration I, NAFUNA JOSEPHINE do hereby declare that the work presented in this dissertation arises out of my own research, I certify that it has never been submitted or examined in any university as an academic requirement for any award. Sign Date uuu. ouuuuuuu NAFUNA JOSEPHINE ii Approval This dissertation has been submitted with the approval of DR. CHIMA MAGNUS, as the university supervisor. dcr~~~ Date of Approval DR. CHIMA MAGNUS (Supervisor) iii Dedication First I give praise and thanks to the Almighty GOD for giving me the strength and the capacity to complete this work successfully. For all he has done to me, for his blessings, guidance, wisdom, knowledge, favors and endless blessings throughout my life and this far. iv Acknowledgement I am deeply indebted to my supervisor Dr. Magnus Chima for his overwhelming support and supervision in the compilation of this research. Next in line I would deeply love to acknowledge my beloved parents Nandege Rogers and Nandege Juliet for their overpowering and appreciative help that they have endorsed in me throughout my curricular activities. Lastly but not least, I would love to acknowledge all my former classmates, friends and everyone who has been of great importance to the conclusion of this research. v Table of contents Declaration .......................................................................................................... ii Approval ............................................................................................................. iii Dedication ...........................................................................................................iv Acknowledgement ............................................................................................... v Table of contents .................................................................................................vi List of abbreviations ............................................................................................. ix Abstract .............................................................................................................. x CHAPTER ONE ..................................................................................................... 1 INTRODUCTION TO THE STUDY ..........................................................· ................. 1 1.0 Introduction ................................................................................................... 1 1.1 Background to the study ................................................................................ 2 1.2 Problem statement ......................................................................................... 4 1.4 Purpose of the study ....................................................................................... 5 1.5 Study objectives ............................................................................................. 5 1.6 Research questions ........................................................................................ 5 1.7 Scope ............................................................................................................ 5 1.8 Significance ................................................................................................... 6 1.9 Literature review ............................................................................................ 6 1.0 Methodology .................................................................................................. 8 CHAPTER TWO .................................................................................................... 9 LEGAL REGIME ON ABORTION IN UGANDA ........................................................... 9 2.1 Introduction ................................................................................................... 9 2.1 Brief History of Abortion Law in Uganda .......................................................... 9 vi 2.2 The Constitution .......................................................................................... 10 2.3 Statutory framework on abortion .................................................................. 12 2.4 National Policy Guidelines ............................................................................. 15 2.5 Abortion and international law ...................................................................... 17 2.5.1 International law obligations at the regional level ........................................ 18 2.5.2 Uganda's obligations under the UN system ................................................. 19 CHAPTER THREE ............................................................................................... 21 TRENDS IN THE ENFORCEMENT ................. OF LAWS CRIMINALISING ABORTION IN UGANDA ...................................................................................................................21 3.0 Introduction ................................................................................................. 21 3.1 Trends in the arrests of women, girls and health workers under abortion laws. 21 3.1.1 Number of arrests ..................................................................................... 21 3.1.2 Social economic status of persons arrested ................................................. 24 3.1.3 Community perspectives about abortion and motivation for reporting or not. 24 CHAPTER FOUR ................................................................................................. 26 THE IMPACT OF CRIMINAL ABORTION LAWS ON THE HUMAN RIGHTS OF WOMEN, GIRLS AND HEALTH WORKERS ......................................................... 26 4.0 Introduction ................................................................................................. 26 4.1 Human rights violations occasioned by these laws .......................................... 26 4.1.1 Rights of women ....................................................................................... 26 4.1.2 Violation of the rights of health workers ..................................................... 33 CHAPTER FIVE .................................................................................................. 35 CONCLUSION AND RECOMMENDATIONS ............................................................ 35 vii 5.1 Conclusion ................................................................................................... 35 5.2 Recommendations ........................................................................................ 36 References ........................................................................................................ 38 viii list of abbreviations CEDAW Convention on the Elimination of all forms of Discrimination Against Women CEHURD Centre for Health, Human Rights and Development CRR Center for Reproductive Rights CSMMUA Coalition to Stop Maternal Mortality due to Unsafe Abortions DPP Directorate of Public Prosecutions HRAPf Human Rights Awareness and Promotion Forum ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights RSA Resident State Attorney TASO The Aids Support Organisation UGX Uganda Shillings UN-CAT United Nations Convention Against Torture UN CST Uganda National Council of Science and Technology UPF Uganda Police Force UPS Uganda Prisons Service WHO World Health Organization ix Abstract Abortion is criminalised under the laws of Uganda, with only one vague and limited exception. Uganda's abortion laws and policies are confusing and their parameters remain contested among health service providers, law enforcement officers, judges, and women and girls. Despite the fact that the uncertainty of the legal position risks misapplication of the law, abortion laws are actively enforced. Women and girls, and health workers are left vulnerable to law enforcement personnel and face arrest, prosecution and imprisonment. Women and girls are also denied legal abortions and resort to unsafe means of terminating unwanted pregnancies. As a result, unsafe abortion contributes to an already high rate of maternal mortality in Uganda. The study set out to examine the trends of enforcement of Uganda's criminal abortion laws, and the particular impact that this enforcement has on the human rights of the healthcare providers, women and girls who are harassed, intimidated, arrested, convicted or imprisoned and those who are affected by the law. The study also makes recommendations aimed at promoting a progressive change in legal and societal attitudes towards abortion in order to protect the rights of women and health providers. The study revealed that abortion laws are being implemented at the national level as well as in the two study districts, though the numbers of arrests are very low compared to the estimated number of abortions carried out in Uganda every year. Nationally, at least 182 arrests were made on abortion-related charges during the four year period (2011-2014). At least 4 persons were arrested in Kampala in each of the five study years. In Kitgum, a total of 18 abortion-related arrests took place over the whole of the study period. Data from both of these two districts suggest that there was not much difference
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