The High Court in the capital city of Uganda, Kampala, has directed the Education Ministry to swiftly design and implement a comprehensive sex education curriculum for students, thus putting a finality to the 10-year long debate on the topic.
Justice Lydia Mugambe in her ruling, held that under the international laws, adolescents, both girls and boys should be provided with and not denied accurate and appropriate information on how to protect their health and development, and how to practice healthy behaviours.
The Justice noted that Uganda is party to international conventions, which unequivocally required governments to enact a policy that comprehensively provides sex education.
“Based on the above, I find no justification and the inordinate delay or omission of over 10 years to develop a comprehensive sexuality education policy in Uganda. It is a violation of Uganda’s obligations under international law and the constitution.
“Accordingly, the ministry is directed to develop a comprehensive sex education policy. In so doing, it must identify and work with the breadth of relevant stakeholders and address all issues competently”.
Justice Lydia Mugambe
Justice Lydia Mugambe further directed that the policy must be completed within two years, with the ministry reporting on the progress to the registrar of the court every six months.
Filed by a civil society organisation, Centre for Health, Human Rights and Development (CEHURD) in 2016, the case was premised on a resolution issued by Parliament in August 2016, directing the Education ministry to ban the teaching of sexuality education in schools.
CEHURD had objected to the delay by the ministry to issue comprehensive sexuality education policy and the ban by Parliament without alternatives for the same.
The Ministry of Gender had prior to banning the teaching of sexuality education in schools, allegedly stumbled on sexual reproductive health books in more than 100 schools that included sexual orientation.
The ban, in effect, halted the dissemination of all sex education of any form, consequently leaving the young learners prey to unwanted pregnancies and sexually transmitted diseases, due to lack of information.
The teaching of sex education, for over two decades, has been a controversial subject. The controversy surrounds whether it should be taught in schools or not. Majority of the religious leaders vehemently rejected the policy and are still against it.
Mr Ismael Mulindwa, an official from the Education ministry, told the court that the ministry recognises “sex education” but not “comprehensive sex education.”
Mr Mulindwa told the court that the ministry has banned all unaccepted programmes and materials on comprehensive sex education for a good reason, considering the issues surrounding it. He argued that the content taught has raised concerns of liberalisation of sex, among children and promotion of illicit sexual conduct such as homosexuality and masturbation.
He concluded that the use of the word “comprehensive” in sex education matters is rejected by the Ministry of Education officials.
But in her ruling, Justice Mugambe held that the inclusion or exclusion of the word “comprehensive” in sex education “is a simple matter of form that should never derail the substance of this process.”
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