A Landmark Legal Win for Girls’ Rights in Uganda: The Case of Women with a Mission & Others vs. Busumba Primary School
In a momentous development for women’s rights and the right to education in Uganda, the High Court has delivered a landmark ruling regarding the unjust expulsion of a 15-year-old girl from Busumba Primary School after she became pregnant. This ruling not only reaffirms the entitlements of young girls but also raises critical questions about the implications of gender-based injustices in educational institutions.
Background: A Disturbing Reality
The case revolves around a minor who was a victim of defilement—a tragic episode that forced her into a situation where she became pregnant. Rather than receiving support and understanding, she was subjected to an invasive physical examination by the school authorities. The outcome of this examination led to her immediate expulsion from school, a decision that was made without her consent or that of her father, Mr. Wafula David, who raised concerns about the unjust treatment of his daughter.
This situation is not just a singular incident; it reflects a disturbing trend in Uganda where young girls face stigma, discrimination, and expulsion from educational institutions due to circumstances beyond their control. It highlights the urgent need to address the intersections of education, gender-based violence, and reproductive justice in the country.
The Legal Battle
After being expelled, Mr. Wafula sought the aid of Women with a Mission, a nonprofit organization dedicated to fighting reproductive injustices, particularly for victims of sexual and gender-based violence. On April 23, 2024, the case was filed in the High Court, citing multiple violations of constitutional rights as outlined in the 1995 Constitution of the Republic of Uganda.
The legal proceedings featured responses from the school management committee, which denied any wrongdoing. Nevertheless, on September 25, 2024, both parties reached a Consent Order, paving the way for a more just outcome.
Key Provisions of the Consent Order
The Consent Order is historic in several ways:
1. Right to Education: It explicitly recognizes the expelled learner’s right to continue her education, an essential factor in safeguarding the future of young girls in similar predicaments.
2. Re-admission: The order mandates that the learner be re-admitted to school with provisions to accommodate her unique circumstances, including the ability to care for and breastfeed her child.
3. Support and Supervision: Women with a Mission will oversee her school attendance, performance, and provide scholastic support, ensuring she completes her Primary Leaving Examination (PLE).
The Wider Implications
This ruling sets a significant precedent in Uganda, marking the first time that mandatory pregnancy testing and subsequent expulsion have been contested in court. It sheds light on the previously overlooked issue of how educational institutions manage and respond to cases of teenage pregnancy.
According to a Ministry of Health study, only 8% of learners who are expelled, suspended, or drop out of school for pregnancy-related reasons ever return to the classroom.
This statistic reveals the urgent need for systemic change within educational policies and practices in Uganda, ensuring that young girls are supported rather than punished for circumstances often out of their control.
Conclusion: A Call to Action
The implications of this case are far-reaching, and they underscore the necessity for continued dialogue, awareness, and advocacy for the rights of young girls in Uganda. It is a clarion call to all stakeholders, including policymakers, educators, parents, and the community at large, to work collaboratively towards creating an environment where every child can access education and enjoy their bodily autonomy.
At Digital SRHR we join Women With A Mission and other media representatives, stakeholders, partners, and potential funders to promoteawareness of these vital issues. Together, we can ensure that young girls in Uganda are empowered, protected, and allowed to pursue their education without fear of discrimination or violence.
Let us stand together for the rights of young girls, ensuring they receive the education and respect they so richly deserve.