Ugandan Court Upholds Majority of Anti-Homosexuality Act Despite Activists’ Petition

Summary:

• Ugandan court upholds most of the Anti-Homosexuality Act of 2023 despite activists’ petition, citing violations of certain rights but stops short of scrapping the entire law.

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In a recent ruling, the Ugandan court has upheld the controversial Anti-Homosexuality Act of 2023, despite fervent efforts by gay activists to have it scrapped. The court declined to nullify the entire act but did acknowledge certain sections as violating fundamental human rights.

Specifically, the court found sections 3(2)(c), 9, 11(2)(d), and 14 of the Anti-Homosexuality Act to be in contravention of various rights enshrined in international instruments and Uganda’s constitution. These sections were deemed to infringe upon rights such as the right to health, adequate standard of living, privacy, and freedom of religion.

While the court struck down these particular provisions, it stopped short of issuing a permanent injunction against the enforcement of the entire act. The judges cited legal precedent and the importance of public interest litigation in their decision not to award costs to either party involved in the case.

In a statement, the court emphasized the significance of the case, noting its implications for national importance and public interest. Ultimately, the judgment maintains the bulk of the Anti-Homosexuality Act intact, with only specific sections being declared unconstitutional.

The ruling has sparked mixed reactions, with LGBTQ+ rights advocates expressing disappointment and concern over the continued existence of legislation they view as discriminatory. Meanwhile, supporters of the law argue that it upholds traditional values and protects societal norms.

The decision is likely to reignite debates surrounding LGBTQ+ rights and legal protections in Uganda, where homosexuality remains a highly contentious issue.

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