Makerere Law Journal

Gender and the Law
Health and the Law
Family Law
Criminal Law

Radical Feminism As A Transformative Approach To Addressing Women’s Oppression: A Case For Sexual And Reproductive Health And Rights In Uganda

Article by Ahebwa S.P and Balinandi B.D

Abstract

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.’

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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.

The Leaking Umbrella: Evaluating The Efficacy of Sexual Offences Legislation in Uganda

Julius Ainomugisha

Globally, sexual offences and the methods by which they are perpetrated have evolved, leading to corresponding updates in legislation. However, in Uganda, the laws governing sexual offences have remained largely unchanged, despite a steady rise in reported cases, as reflected in Uganda Police annual reports. This stagnation has contributed to the increasing prevalence of sexual offences and complicated the notion of justice for victims. By tracing the historical origins and assessing the relevance of Uganda’s sexual offences legislation, this article critically analyses the legal framework, court interpretations, and existing gaps. Through a comprehensive review of books, case law, legislation, reports, and related literature, the article offers informed recommendations for legal reforms to enhance justice for victims and better address the complexities of modern sexual offences.