The Law on Abortion in Uganda
Abortion is the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to 28 weeks of amenorrhea. Uganda 's laws and policies addressing abortion are unclear, confusing, and often contradictory. Consequently, although abortion is legal to preserve the life or mental or physical health of a woman and in cases of sexual assault, many people, including health care professionals, are under the impression that abortion is illegal.
Current legislation.
The current legal and policy framework offers ample opportunities for increasing access to safe abortion services.
The Ugandan Constitution does not prohibit abortion. Article 22(2), which states that “no person has the right to terminate the life of an unborn child except as may be authorised by law,” does not preclude access to termination of pregnancy; it simply requires a legal framework to do so. The Ugandan Constitution allows abortion if the procedure is authorized by the law, but does not state the exact circumstances, leaving room for legal provisions and interpretations.
Several regional treaties ratified by Uganda—the African Charter on Human and Peoples’ Rights (African Charter), the African Charter on the Rights and Welfare of the Child (African Charter on Children),and the African Charter’s Protocol on the Rights of Women in Africa (Maputo Protocol)—provide important protections for the rights of women and girls in Uganda. The African Charter guarantees the right to life, while Article 16 recognizes the right to enjoy the best attainable state of physical and mental health and obligates states parties to take necessary measures to ensure the health of their people. Furthermore, according to the 2006 National Policy Guidelines and Service Standards for Sexual and Reproductive Health and Rights, pregnancy termination is permissible in cases of fetal anomaly, rape and incest, or if the woman has HIV. Under these guidelines, mid-level providers can offer termination of
Current legislation.
The current legal and policy framework offers ample opportunities for increasing access to safe abortion services.
The Ugandan Constitution does not prohibit abortion. Article 22(2), which states that “no person has the right to terminate the life of an unborn child except as may be authorised by law,” does not preclude access to termination of pregnancy; it simply requires a legal framework to do so. The Ugandan Constitution allows abortion if the procedure is authorized by the law, but does not state the exact circumstances, leaving room for legal provisions and interpretations.
Several regional treaties ratified by Uganda—the African Charter on Human and Peoples’ Rights (African Charter), the African Charter on the Rights and Welfare of the Child (African Charter on Children),and the African Charter’s Protocol on the Rights of Women in Africa (Maputo Protocol)—provide important protections for the rights of women and girls in Uganda. The African Charter guarantees the right to life, while Article 16 recognizes the right to enjoy the best attainable state of physical and mental health and obligates states parties to take necessary measures to ensure the health of their people. Furthermore, according to the 2006 National Policy Guidelines and Service Standards for Sexual and Reproductive Health and Rights, pregnancy termination is permissible in cases of fetal anomaly, rape and incest, or if the woman has HIV. Under these guidelines, mid-level providers can offer termination of
Bibliography: The Medical and Dental Practitioners Act, Cap. 272 (1998) Nurses and Midwives Act, Cap Pharmacy and Drugs Act, Cap. 280 (1971). Center for Reproductive Rights (CRR), 10 key points about Uganda’s laws and policies on termination of pregnancy, Fact Sheet, New York: CRR, 2011 Lewis and Chamberline Dictionary, 1993. P.K. Asiimwe for the Solicitor General, ADM/7/161/01, Re: Seeking Guidance on the Legal Definition of Abortion in Uganda, sec. 3.4 (May 7, 2002) Rebecca J Reproductive Health Division, Ministry of Health, National Policy Guidelines and Service Standards for Sexual and Reproductive Health and Rights 45 (2006). [ 3 ]. Center for Reproductive Rights (CRR), 10 key points about Uganda’s laws and policies on termination of pregnancy, Fact Sheet, New York: CRR, 2011. [ 8 ]. The Medical and Dental Practitioners Act, Cap. 272 (1998); Allied Health Professionals Act Cap. 268 (1996); Nurses and Midwives Act, Cap. 274 (1996); Pharmacy and Drugs Act, Cap. 280 (1971). [ 13 ]. P.K. Asiimwe for the Solicitor General, ADM/7/161/01, Re: Seeking Guidance on the Legal Definition of Abortion in Uganda, sec. 3.4 (May 7, 2002) [ 14 ]