Makerere University law dons want gov’t to legalize murder?

Dr Rose Nakayi . She specializes in land law, Human rights and Transitional Justice. She is a member of the Uganda Law Society, serving on the Research and...

Dr Rose Nakayi . She specializes in land law, Human rights and Transitional Justice. She is a member of the Uganda Law Society, serving on the Research and Publications Committee.

“The unborn life in the mother’s womb is a human individual from conception on. The bible offers God’s view on abortion in which it clarifies that this act is not a matter of a woman’s right to choose. It is a matter of the life or death of a human being made in God’s image.” Doctor Kiwumulo Grace, who also doubles as a Pastor has told UG Christian News, quoting Exodus 21:22-25.

Law scholars from Makerere University have dragged government to the Constitutional Court for its alleged failure to formulate laws legalizing abortions.

The two claim that government’s failure on abortion law rights has led to increased unsafe pregnancy termination procedures, and its associated consequences.

Prof Ben Twinomugisha and Dr Rose Nakayi together with a civil society organisation, Center for Health, Human Rights and Development (CEHURD) have asked court to order the Executive and Legislative arms of government to pass a law regulating termination of pregnancies to reduce maternal mortality rates that arise from unsafe abortions, Daily Monitor reports.

Although the Law scholars look determined to present their case to the court, they are at the same time triggering missed reactions among Ugandans, as some view the struggle as typical nonsense.

The newspaper says that the law dons in their petition filed on March 3, contend that the existing legislation only permits abortion in exceptional circumstances such as a life of a mother at risk, but doesn’t protect young girls and married women who may get unwanted pregnancies hence resorting to unsafe abortion methods.

“We do not see any reason as to why Uganda should not borrow a leaf from its neighbours and take an essential step to protect the lives of women who continue dying day by day due to unsafe abortions,” reads part of the petition, in which they cite African countries like Kenya, Rwanda, Ethiopia, Ghana and Tunisia, which have developed laws to protect the rights of women by prescribing circumstances under which a woman is allowed to terminate her pregnancy.

Current reports indicate that over 95 percent of the abortions performed today involve women who simply do not want to have a baby. Less than 5 percent of abortions are for the reasons of rape, incest, or the mother’s health at risk.

According to the Daily Monitor, they also contend that since the enactment of the Constitution, no effort has been made by the law to effect Article 22(2) of the Constitution by creating a law on termination of pregnancy.

“By omitting to create a law on termination of pregnancy the State continues to contravene the constitutional directive made by Article 22(2) and the obligation of the parliament,” reads part of the petition.

“The trio is seeking for the interpretation of Article 22(2) of the Constitution which provides that no person has the right to terminate the life of an unborn child except as may be authorised by law.”

In this article