FIDA petitions court to nullify ‘discriminatory’ pregnancy laws

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The umbrella body of women lawyers in Uganda, FIDA, has petitioned the Constitutional Court to nullify anti-student freedom clauses in the Health Training Institutions Rules and Regulations.

In a petition filed against the Attorney General on June 19, 2025, FIDA specifically cited Regulation 2.9, arguing that it contradicts freedoms enshrined in the Constitution of Uganda.

Regulation 2.9 stipulates that female students must be subjected to regular pregnancy tests and must notify their institutions in the event of a pregnancy. The regulations were issued by the Ministry of Education and Sports in 2021.

However, FIDA contends that the regulation contravenes Article 27 of the Constitution, which guarantees the right to privacy.

The organisation also cites Articles 24 and 44, which prohibit violations of the right to be free from cruel, inhuman, and degrading treatment.

Susan Baluku, legal adviser for strategic litigation at FIDA Uganda, said a number of health training institutions across the country have been enforcing the regulation in a manner that disproportionately affects female students, undermining their rights to dignity, privacy, education, and health.

“Male students alleged to be responsible for pregnancies are also subjected to sanctions without adherence to principles,” she said.

Baluku asserts that the regulations violate the right to freedom from cruel, inhuman, and degrading treatment under Articles 24 and 44 of the Constitution.

She further argues that the regulation infringes on the right to health and education under Articles 30 and 45, and Objective XIV of the National Objectives and Directive Principles of State Policy.

“The policy discriminates against female students, contrary to Article 21 of the Constitution,” Baluku contends.

She also asserts that the regulation contradicts Uganda’s commitments to international human rights law and treaty obligations.

Baluku has called on the Government to develop rights-based guidelines for the protection and accommodation of pregnant students within health training institutions.

“FIDA-Uganda remains steadfast in its mandate to advance and protect the rights of women and girls. We believe that no student should be subjected to humiliation, exclusion or discrimination due to pregnancy,” Baluku stated

Declaration

FIDA-Uganda seeks a declaration that the provisions are unconstitutional, null and void.

The umbrella body of women lawyers is also asking the court to issue an order temporarily halting the implementation of the said provisions.