The Constitutional Court of Uganda upheld sections of the Anti-Homosexuality Act of 2023 based on several considerations:In light of these factors, the Constitutional Court upheld the constitutionality of the Anti-Homosexuality Act, except for the specific provisions deemed to contravene the Constitution and international human rights instruments.
Legislations and Judicial Precedents: The court took into account laws and rulings from similar jurisdictions that have decriminalized consensual homosexuality among adults in private settings.
Global Consensus: There is no global consensus on non-discrimination based on sexual orientation, gender identity, gender expression, and sex characteristics. International human rights treaties have not explicitly addressed these issues due to resistance from certain UN member states, hindering the adoption of binding declarations for LGBTI human rights.
Conflict in International Human Rights Law: There exists a conflict between the universal understanding of human rights and respecting the diversity and freedom of human cultures. The court recognized the need to balance these conflicting principles without diminishing the dignity of any culture.
Individual vs. Communal Rights: The decision-making process considered the conflict between individual rights to self-determination, self-perception, and bodily autonomy against communal or societal rights to social, political, and cultural self-determination. It emphasized the necessity for a delicate balance between individual autonomy and communal interests.
Recent Developments in Human Rights Jurisprudence: The court took note of recent legal developments, such as the US Supreme Court’s decision in Dobbs v Jackson Women’s Health Organization, which considered historical traditions, democracy, and the rule of law in balancing individual autonomy against broader societal interests.
Uganda’s Unique Constitutional Framework: Uganda’s Constitution requires its courts to consider the country’s socio-cultural norms, values, and aspirations when resolving disputes. This aspect influenced the court’s decision-making process regarding the Anti-Homosexuality Act.
Reflection of Sociocultural Realities: The court recognized the Anti-Homosexuality Act as reflecting the sociocultural realities of Ugandan society. It noted that the Act was passed with significant support from democratically elected representatives, indicating its alignment with societal values and norms.