SciELO - Scientific Electronic Library Online

 
vol.21 issue2The rationality test in lockdown litigation in South AfricaSecuring legal reforms to the use of force in the context of police militarisation in Uganda: The role of public interest litigation and structural interdict author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand

Article

Indicators

Related links

  • On index processCited by Google
  • On index processSimilars in Google

Share


African Human Rights Law Journal

On-line version ISSN 1996-2096
Print version ISSN 1609-073X

Abstract

KABUMBA, Busingye. The right to 'unlove': The constitutional case for no-fault divorce in Uganda. Afr. hum. rights law j. [online]. 2021, vol.21, n.2, pp.1181-1202. ISSN 1996-2096.  http://dx.doi.org/10.17159/1996-2096/2021/v21n2a47.

This article examines the constitutionality of the requirement to establish certain grounds - adultery, cruelty, desertion, bigamy and others - as a condition for the grant of divorce in Uganda. It begins with an examination of the existing legal framework, including reforms already achieved through public interest litigation, and certain changes sought to be effected via judicial activism. The article then proceeds to an analysis of the human rights issues implicated by a fault-based framework, and a consideration as to whether the public interest-based limitations in this regard pass constitutional muster. Ultimately, it is proposed that the only means of aligning this area of domestic relations law with the Constitution is through the elimination of fault as a requirement for dissolving marital bonds. Such reform would also be consistent with critical public policy concerns, including the welfare of children and the sanctity of marriage itself.

Keywords : no-fault divorce; right to unlove; constitutionality; legislative reform; judicial activism; law and society.

        · text in English     · English ( pdf )

 

Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License