This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/world/africa/6528869.stm
The article has changed 11 times. There is an RSS feed of changes available.
Version 4 | Version 5 |
---|---|
Ugandan adultery law 'too sexist' | Ugandan adultery law 'too sexist' |
(10 minutes later) | |
Uganda's adultery law has been scrapped by the Constitutional Court because it treated men and women unequally. | Uganda's adultery law has been scrapped by the Constitutional Court because it treated men and women unequally. |
The law made it an offence for a married woman to have an affair, but it allowed a cheating husband to have an affair with an unmarried woman. | The law made it an offence for a married woman to have an affair, but it allowed a cheating husband to have an affair with an unmarried woman. |
The attorney general said the move may encourage immorality and promiscuity. | The attorney general said the move may encourage immorality and promiscuity. |
In the same ruling, the court also scrapped parts of the Succession Act which gave more rights to men on the death of their wives, than to widows. | In the same ruling, the court also scrapped parts of the Succession Act which gave more rights to men on the death of their wives, than to widows. |
The attorney general had asked the court to consider amending the law, should it rule in favour of the women's case. | The attorney general had asked the court to consider amending the law, should it rule in favour of the women's case. |
But the court did not have the mandate to make such amendments, and decided instead to scrap the law completely, says the BBC's Sarah Grainger in the capital, Kampala. | |
Extra-marital affairs are now legal. | Extra-marital affairs are now legal. |
Principle | Principle |
Female lawyers brought the case against the attorney general arguing that the constitution provides for principles of non-discrimination and equality before the law. | Female lawyers brought the case against the attorney general arguing that the constitution provides for principles of non-discrimination and equality before the law. |
This is a big success for us Lawyer Dora Byamukama | |
Dora Byamukama of the Law and Advocacy Group for Women in Uganda hailed the ruling as a big success. | Dora Byamukama of the Law and Advocacy Group for Women in Uganda hailed the ruling as a big success. |
"I'm glad that court has moved in this manner because waiting for the courts to construe the law in line with the constitution would have taken a long time and wouldn't be uniform," she said. | "I'm glad that court has moved in this manner because waiting for the courts to construe the law in line with the constitution would have taken a long time and wouldn't be uniform," she said. |
She told the BBC under the adultery law, women found guilty of cheating could be fined or receive a prison sentence of up to 12 years. | She told the BBC under the adultery law, women found guilty of cheating could be fined or receive a prison sentence of up to 12 years. |
"The adultery law sets different standards and therefore discriminates against women," she told the BBC's Network Africa. | "The adultery law sets different standards and therefore discriminates against women," she told the BBC's Network Africa. |
"Both man and woman who are married should be treated the same." | "Both man and woman who are married should be treated the same." |
Property | Property |
The group had also asked the court to examine sections of the country's Succession Act which dealt with the division of wealth upon the death of a spouse. | The group had also asked the court to examine sections of the country's Succession Act which dealt with the division of wealth upon the death of a spouse. |
Under that legislation, a husband assumed all the wealth of his wife when she died, but a widow was only entitled to a fraction of her husband's assets. | Under that legislation, a husband assumed all the wealth of his wife when she died, but a widow was only entitled to a fraction of her husband's assets. |
Also, a father could appoint a guardian to his child in the event of his death, effectively removing his widow's authority over their son or daughter. | Also, a father could appoint a guardian to his child in the event of his death, effectively removing his widow's authority over their son or daughter. |
The court ruled that these sections of the act were also discriminatory and were thus declared null and void. | The court ruled that these sections of the act were also discriminatory and were thus declared null and void. |
What are your views? Are there circumstances when men and women should be treated differently before the law? Have you been the victim of "sexist" laws in Africa? | |
A selection of your views will be published below and broadcast on the BBC's Focus on Africa on Saturday 7 April at 1700 GMT. | |