A critical analysis of Public Interest Litigation as a means of Achieving Human Rights and Justice in Uganda.
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Date
2019-06
Authors
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Publisher
Kampala International University, School of law.
Abstract
The study critical(v analyzed public interest litigation as a means o achieving human rights and
iustice in Uganda, it was guided by the following objectives; To examine the scope of Public
interest litigation in Uganda, to determine how public Interest Litigation can be applied to
advocate for human rights in Uganda, to examine the prospects of public interest litigation in
Uganda and to identifj1 the challenges faced in the implementation ofpublic interest litigation in
Uganda, the study used doctrinal research design where both primmy and secondary data was
used the study concludes thar The quality of the litigation voice is very important and competent
public interesrlitigarors are cruciallo ll'in social rights cases, Growth ofinlernationalnelll'orks
of legal services organisations and intemational 'backstop organisations are central to develop
social rights jurisprudence, providing local partners with knowledge on international norms,
precedent in other jurisdictions, and sound legal arguments, In as much as there is a beneficial
relationship between marginalised groups and professional public interest litigators taking up
their cases, the study concludes that competent public interest litigators (supported by
international expertise}, is a key to winning cases in court, but that real policy impact is rare
without organisations and social movements that can utilize the litigation process as part of a
broader strategy ol social and political mobilization. The stut(v reveals that Public interest
litigation has an important role to play in the civil justice s:vstem in that if atfin·ds a ladder to
justice to disadvantaged sections ()l society, some of which might not even be well-informed
about their rights. Furthermore, it provides an avenue to enforce d!fji1sed rights for which either
it is ditficult to identify an aggrieved person or where aggrieved persons have no incentives to
knock a/ the doors ol the courts. The study recommends that One wuy to achieve this objective
could be to co'?fine PIL primarily Ia those cases where access to justice is undermined by some
kind of disability.
Description
A research proposal submitted to the Department of Public and Comparative Law, School of Law in Fulfillment of the Requirements for the Award of a Bachelors Degree in Laws of Kampala International University.
Keywords
Human Rights, Public Interest Litigation, Critical analysis, Justice, Uganda