BY ROSE KASIGWA

The Constitutional Court of Uganda, in a 3-2 majority decision on November 20, 2025, upheld the country’s abortion-criminalization laws, dismissing petitions that sought to invalidate sections 130, 131, and 132 of the Penal Code Act (Cap 128). This ruling means that procuring an abortion, attempting one, and supplying abortion-related drugs remain criminal offenses in Uganda.

The petitions, filed by the Human Rights Awareness and Promotion Forum (HRAPF) and the Centre for Health, Human Rights and Development (CEHURD) in 2017 and 2020, argued that these Penal Code provisions infringed upon women’s rights to life, equality, dignity, health, and freedom from cruel, inhuman, or degrading treatment.

The petitioners presented evidence highlighting the burdens faced by women charged with abortion-related offenses, the prevalence of unsafe abortions, and the fear among health workers due to potential prosecution.

The Attorney General opposed the petitions, asserting that the Constitution protects fetal life and that the Penal Code provisions are consistent with Article 22(1), which restricts termination except as authorized by law.

 The State maintained that Uganda already has a legal framework permitting life-saving or health-preserving abortions by qualified physicians and that criminalization serves the public interest by deterring unlawful procedures

The majority, comprising Justice Hellen Obura, Moses Kazibwe Kawuni, and Dr. Asa Mugenyi, held that the petitioners had not proven any inconsistency between the Penal Code and the Constitution.