DECISION ALERT ON MANDATORY PREGNANCY TESTING FOR SCHOOL GIRLS
Women With A Mission & 2 Ors v The School Management Committee of Busumba Primary School
Miscellaneous Cause No. 001 of 2024, High Court of Uganda
CASE OVERVIEW
In a significant decision for SRHR rights and the rights related to education, the High Court of Uganda at Tororo endorsed a Consent Order in a case filed by Women with A Mission (WWM) alongside the minor who had been expelled and her parent on 25th September 2024. This case challenged the legality of mandatory pregnancy testing and extreme manual kneading of schoolgirls’ lower abdomens in violation of fundamental human rights protected by the constitution and human rights instruments. This highlights serious ethical-legal concerns about invasive pregnancy testing practices in educational institutions.
THE DECISION
The Consent Order recognised the learner’s right to education during and after pregnancy and granted her the opportunity to complete her education. The consent requires that the minor be accorded accommodations to nurture and care for her baby including reasonable breaks during school time. WWM was granted authority to supervise the minor’s welfare while at school. (Link but redact the names)
Importance of the Decision
It is the first time the pervasive and widespread practice of mandatory pregnancy testing has been challenged in Ugandan courts (and the third in Africa). Eliminating this practice is critical to girls’ retention and completion of their studies particularly at lower levels of the education ladder. Securing this positive order that guarantees the learner her right to education is part of the broader legal strategy to eliminate systemic and structural barriers to girls’ rights to education in Uganda and beyond. The decision is part of the litigation strategy to eventually secure comprehensive SRHR rights for School-going minors in Uganda.
