Baryamureeba V Kabakonjo Abwooli: A Win For Women’s Property Rights In Cohabitation.
Fatumah Ramathan-Nabulya
Marriage, especially at its dissolution, tends to be contentious owing to its cross cutting effects on property rights, children custody, spousal maintenance among others. It is more complex when that “union” is not legally recognized. Over 65% of Uganda’s couples are left out under the law because their arrangements are not contracted in accordance with the laws provided for. This potentially subjects women to unequal social laws (patriarchy) usually with no legal remedies. Hence, marriage, due to its overarching effects, can be breeding ground for the entrenchment of gender inequality. This paper reviews a High Court decision through which judicial activism is employed to lessen the plight of cohabiting women. Due to the time they have been in operation, it is often difficult to see our matrimonial laws for what they really are; patriarchal and gender indiscriminate. There is need for Judges to be fully alive to the history of these laws and the debates that led to their passing, to correct the wrongs of history.
Defending The Right To Love: A Case For Registration Of Customary Marriages
Lawrence Alado and Reagan Siima Musinguzi
Customary marriages occur frequently in Uganda, but the
inability to prove these marriages has resulted in many parties
being unfairly deprived of the benefits and rights that come
with being legally married. This paper argues for the
mandatory registration of customary marriages to safeguard
these rights. The authors conduct a comprehensive analysis of
the existing frameworks governing customary marriages by
identifying the gaps within the framework, examining the
advantages that would arise from mandatory registration,
addressing potential challenges, and outlining how the
registration process should be carried out. The authors
contend that the failure to mandate registration denies
spouses and their offspring the rights that they are entitled to
as a result of their marriage.
Radical Feminism As A Transformative Approach To Addressing Women’s Oppression: A Case For Sexual And Reproductive Health And Rights In Uganda
Ahebwa S.P and Balinandi B.D
Radical feminism, as opposed to other strands of feminism, offers a more revolutionary approach to fighting for women’s equality. This article uses a doctrinal legal research approach to analyse how radical feminism offers a transformative approach to fighting for SRHRs of women. We trace the evolution of the feminist movement in Uganda from the 1980s to date, then provide the legal framework governing SRHR, and finally offer radical feminist thought as a solution to the gap in SRHR in Uganda with the end goal of attaining sexual and reproductive health for all women. By the end of this article, we shall demonstrate how the patriarchy in trying to control women’s sexualities and bodies has been enabled by the three evils, ‘Law, Religion and Culture.’
Éràmà, Nàigbià: The Dawn Of Paternity Fraud Vis-à-vis The Nigerian Legal System
Ernest Osiregbemhe Ikalume
Paternity fraud in Nigeria constitutes a profound societal and legal crisis, posing as a setback for society. This phenomenon, marked by the wilful misidentification of a child’s biological father, has surged within marital contexts, as seen in several cases, destabilising Nigerian families. This article analyses its prevalence under the current legal framework and proposes solutions. Employing the doctrinal approach, the article conducts an in-depth review of legal literature, statutory provisions and judicial interpretations. Findings indicate that paternity fraud lacks legal recognition as a crime in Nigeria, with existing laws failing to address it. This article recommends enacting a Paternity Fraud Prevention Bill, amending laws to prioritise truth over outdated norms. Additionally, it advocates for awareness campaigns, school initiatives and group therapy to restore trust.