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The Right to Privacy of People in or Presumed to be in Same-Sex Relationships in Uganda

The Right to Privacy of People in or Presumed to be in Same-Sex Relationships in Uganda ∗ I. INTRODUCTION Article 27 of the Constitution of Uganda protects the right to privacy in the following terms: (1) No person shall be subjected to: (a) unlawful search of the person, home or other property of that person; or (b) unlawful entry by others of the premises of that person. (2) No person shall be subjected to interference with the privacy of that person’s home, correspondence, communication or other property.1 The right to privacy is also protected in different pieces of legislation such as the Children Act,2 the Electronic Media Act,3 and in the Press and Journalists Act.4 The Constitution of Uganda expressly prohibits marriage between people of the same sex5 and the Ugandan Penal Code criminalises same-sex relationships.6 In Uganda senior government officials and religious leaders have publicly and repeatedly made it clear that those in same-sex relationships should be ∗ LLD (UWC), LLM (University of Pretoria), LLM (University of the Free State), LLB (Makerere University). Senior Lecturer, Faculty of Law, University of the Western Cape (UWC), Cape Town, Republic of South Africa and Research Fellow, Community Law Center, UWC. Email: djmujuzi@gmail.com 1 The right to privacy is also protected under article 41(1) of the Constitution, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

The Right to Privacy of People in or Presumed to be in Same-Sex Relationships in Uganda

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press 2012
Subject
Short articles; African Studies
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2012.0023
Publisher site
See Article on Publisher Site

Abstract

∗ I. INTRODUCTION Article 27 of the Constitution of Uganda protects the right to privacy in the following terms: (1) No person shall be subjected to: (a) unlawful search of the person, home or other property of that person; or (b) unlawful entry by others of the premises of that person. (2) No person shall be subjected to interference with the privacy of that person’s home, correspondence, communication or other property.1 The right to privacy is also protected in different pieces of legislation such as the Children Act,2 the Electronic Media Act,3 and in the Press and Journalists Act.4 The Constitution of Uganda expressly prohibits marriage between people of the same sex5 and the Ugandan Penal Code criminalises same-sex relationships.6 In Uganda senior government officials and religious leaders have publicly and repeatedly made it clear that those in same-sex relationships should be ∗ LLD (UWC), LLM (University of Pretoria), LLM (University of the Free State), LLB (Makerere University). Senior Lecturer, Faculty of Law, University of the Western Cape (UWC), Cape Town, Republic of South Africa and Research Fellow, Community Law Center, UWC. Email: djmujuzi@gmail.com 1 The right to privacy is also protected under article 41(1) of the Constitution,

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Feb 1, 2012

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