Emphasise social rights, judge says
Justice Lydia Mugambe (L) , Ms Salima Namusobya, the executive director for Initiative for Social and Economic Rights. Photo by Faiswal Kasirye
What you need to know:
ISER Executive Director, Ms Salima Namusobya implored stakeholders to look at education as a public good that should be accessed by all
A High Court Judge has called on human rights activists to demystify what she termed as a falsehood in communities and work places which emphasise civil and political rights over economic, social and cultural rights.
Justice Lydia Mugambe says the right to education, food, shelter and clean water are as important as rights to freedom of assembly, expression and fair hearing.
“This debunking does not come easy. Challenges such as twisted understanding of concepts like progressive realisation within available resources, and working with governments make it difficult,” Justice Mugambe noted.
The judge was speaking at the opening of a two-day workshop on the realisation of the right to education organised by the Legal Resources Centre (LRC) of South Africa and the Initiative for Social and Economic Rights (ISER) in Kampala, on Wednesday.
The aim of the workshop was to provide a platform for advocates concerned with the right to education in Uganda to come together to share experiences and knowledge regarding the main issues of concern in Uganda and discuss parallels with South Africa.
Justice Mugambe noted that advocates need to grasp concepts such as the minimum core content of economic and social rights, justifiability of these rights and the duties of government in respect of these rights. She called for litigation where economic and social rights are violated.
She pointed out that once a precedence is established, more cases will come up.
“Be innovative; think outside the box, the answers in box are exhausted. Lawyers should move beyond asking for costs when they file cases and address real issues,” Justice Mugambe cautioned.
Ms Sarah Sephton of the Legal Resources Centre noted that in South Africa, litigation for right to education has become the main tool to force government to do its job. She cited cases where citizens have successfully used the courts to force government to recruit and pay teachers, construction of classrooms and toilets and access to education for children from poor backgrounds.
ISER Executive Director, Ms Salima Namusobya implored stakeholders to look at education as a public good that should be accessed by all.
snakirigya @ug.nationmedia.com
