PERSONS IN UGANDA

4) States Parties shall adopt and implement appropriate measures to ensure
the protection of every woman’s right to respect for her dignity and
protection of women from all forms of violence, particularly sexual and
verbal violence.
There is no jurisprudence on this right regarding LGBTI persons. The African
Commission has however used it to cover even LGBTI persons. This interpretation was
implicitly provided in the resolution adopted by the Commission on the protection of
LGBTI persons. 57 The Commission in the resolution states that:
Noting that Articles 4 and 5 of the African Charter entitle every individual to
respect of their life and the integrity of their person, and prohibit torture and
other cruel, inhuman and degrading treatment or punishment.
This declaration in the resolution extended the protection offered by Article 5 to
LGBTI persons. In the resolution, the African Commission acknowledged that the
violence LGBTI persons are subjected to amounts to torture and cruel, inhuman and
degrading punishment contrary to the Charter. This was an unequivocal recognition
that LGBTI persons are protected under article 19 of the Charter.
The African Women’s Protocol protects women from being degraded and exploited. It
also expressly protects women from violence both verbal and sexual. As earlier noted,
lesbian women are constantly subjected to sexual violence in form of corrective rape.
Transgender women, being the face of the LGBTI community are easy targets for
attacks and are therefore prone to both physical and verbal violence. The Protocol
therefore provides adequate protection against such violence being meted out
them. The Protocol, as part of the protection of women, provides the right for the
free development of their personality. This means that women have the freedom to
develop and freely express their sexuality and gender.
3.2.3 The Right to life
African Charter
Article 4
Human beings are inviolable. Every human being shall be entitled to respect for his
life and the integrity of his person. No one may be arbitrarily deprived of this right.
African Women’s Protocol
Article 4
Every woman shall be entitled to respect for her life and the integrity and security of
her person. All forms of exploitation, cruel, inhuman or degrading punishment and
treatment shall be prohibited.
1. States Parties shall take appropriate and effective measures to:
57 n55 above.
(a) Enact and enforce laws to prohibit all forms of violence against women
including unwanted or forced sex whether the violence takes place in
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