Litigation Alert: Our partner Center for Health, Human Rights and Development (CEHURD) challenges the Uganda Human Rights Commission’s (UHRC) inordinate delays in addressing health rights violation complaints in Uganda
Court: Constitutional Court of Uganda
Case: Constitutional Petition No. 26 of 2024- Center for Health, Human Rights and Development (CEHURD) & Another v Uganda Human Rights Commission (UHRC)
Issue
The key issue in this case is whether the Uganda Human Rights Commission’s delays in addressing complaints related to health and sexual reproductive health rights (SRHR) violate the constitutional right to timely access to justice and undermine the Commission’s effectiveness in protecting human rights. The petition also questions whether these delays perpetuate harm and exacerbate the systemic barriers that deny victims and survivors of health and sexual and reproductive health and rights (SRHR)violations access to timely justice.
Case Overview
CEHURD and another have petitioned the Constitutional Court of Uganda against the UHRC for its failure to resolve complaints related to health rights violations in a timely manner. The petition explicitly challenges UHRC’s inordinate delays in investigating, hearing and adjudicating sexual and reproductive health and rights (SRHR) violations, which are critical in safeguarding the rights of marginalized groups.
The petitioners argue that these delays contravene constitutional principles, especially the right to access justice and the timely delivery of remedies as enshrined in Uganda’s Constitution. They further assert that such systemic delays by the UHRC contribute to ongoing violations of SRHR, particularly affecting vulnerable communities who rely on the Commission for redress. The petition also references criticism from national bodies such as the Ugandan Parliament and international entities like the United Nations, which have highlighted the UHRC’s inefficiency.
The petitioners seek a declaration that these delays violate constitutional rights, a mandate for the UHRC to expedite its processes, and a broader call for reforms to ensure more timely justice.
Significance
This case is of profound significance for the victims of health and SRHR violations in Uganda and the country’s broader legal landscape. A successful petition could establish a landmark precedent, affirming the responsibility of state institutions to ensure timely access to justice. It directly addresses the Uganda Human Rights Commission’s failure to effectively address human rights violations, particularly those related to reproductive justice, and seeks reforms to enhance its efficiency and credibility as a redress mechanism. Additionally, a favourable ruling could reinforce Uganda’s commitment to international human rights obligations, aligning national practices with global standards on justice and reproductive justice.
