The High Court of Uganda at Kampala in the case of CEHURD vs. Attorney General & Family Life Network(Interested Party) [Miscellaneous Cause No. 309 of 2016], usually referred to as the Comprehensive Sexuality Education (CSE) Case.
has directed the Ministry of Education and Sports to develop a comprehensive sexuality education policy within two years, among other orders.[1]
The Background.
The background of the Petition was that, the applicant brought the petition to the constitutional court for judicial review under Article 50 (2) of the Constitution 1995, Section 98 of the Civil Procedure Act and Order 52 of the Civil Procedure Rules, Seeking the following;-
1. A DECLARATION that the inordinate delay and omission by the Ministry of Education and Sports to Issue a policy on the Comprehensive Sexuality Education respectively violates the right to access information and education contrary to articles 41, 30 34 (2) of the Constition, section 4 (1) (c), (g) (i) of the Children’s Amendment Act (2016) and Section 4(1)(2) of the Education (Pre-Primary, Primary and Post Primary) Act, 2008.
2. An Order quashing the Ban on Comprehensive Sexuality Education materials in schools in the resolution of Parliament made on the 17th day of August 2016.
3. An Order that the Ministry comes up with a policy on comprehensive sexuality education within one month after this order is made.
Holding/Analysis Justice Lydia Mugambe held that,
"The applicant’s case as I understand it is built on two cornerstones; an inordinate delay by the ministry to issue a comprehensive sexuality education policy and the ban by the parliament without alternatives for the same. In effect, the applicant is protesting the void that exists in respect of sexuality education for Uganda’s young generation."
The learned Justice disagreed with the argument of the respondents that
“the government recognizes sexuality education and not comprehensive sexuality education, and that the government banned all unacceptable programs and materials of comprehensive sex education for a good reason basing on concerns raised by Ugandan schools on liberalizing of sex education among children and promoting illicit sexual conduct but court rejected the claim of the respondent together with the interested party for want of demonstrable evidence.
The learned Judge ruled that,
“the right to sexuality education has been confirmed in the United Nations Committee on the Rights of the Child which provides that adolescents have the right to access adequate information essential for their health and development and for their ability to participate meaningfully in society,”
Lastly, court held on whether an inordinate delay by the ministry to come up with a comprehensive policy on comprehensive sexuality education violates the stated provisions of the constitution.
Court ruled that,
“Uganda is a party to the above international conventions which unequivocally require the government to enact a policy that comprehensively provides for sexuality education”
Therefore parliament and the interested party appear to consider that in framing such a framework. Cultural, societal and national issues should be taken into account.
Therefore, the inordinate delay and omission to develop a comprehensive sexuality education policy is a violation of Uganda’s obligations under International law and the constitution,
Accordingly, the ministry is directed to develop a comprehensive sexuality education policy and in so doing, the they must identify and work with relevant stakeholders while coming up with the policy to address all issues.
The policy must be completed within 2 years with the ministry reporting on the progress of the policy to the court registrar every six months.
To read full case follow the link below https://www.linkedin.com/posts/lawpointuganda_court-ruling-in-the-comprehensive-sexuality-activity-6867261680750002176-kW80
Summarized by Waboga David A Student of UCU (LLB4)
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