School of Law

Permanent URI for this community

https://scholar.ucu.ac.ug/handle/20.500.12311/51

Browse

Now showing 1 - 20 of 84

An Examination on the Impact of the Sports Legal Framework on the Performance of Sports in Uganda
(Uganda Christian University, 2023-05-13) Keith Lazarus Oketch
Protection of child Rights in Relation to Digital Age in Uganda
(Uganda Christian University, 2024) Phiona Atusasiire
The emergence of the digital age has significantly changed societies around the globe, offering unmatched access to information, improved connections, and novel communication methods. Yet, this shift to a digital world, while opening vast avenues for education, self-expression, and community building, also brings forth distinct challenges, particularly for the most vulnerable in society children. It is with this in mind that several instruments and legislations, both national and international, serve to outline and acknowledge their rights and protect them from harm. However, the ever-expanding use of emerging technologies, most notably the internet, creates another sphere wherein children may be exploited and harmed. In Uganda, and the world at large, the rapid expansion of internet technology and the prevalent use of mobile devices among the youth have ignited profound concerns about children's safety and well-being in the online space. Considering the rapid pace at which this technology evolves, it is difficult for lawmakers, activists, parents, and other stakeholders to keep up in terms of legal and non-legal methods of protection. This report, through a comprehensive review of the existing policies, legislation, and literature, both locally and internationally, presents the state of children’s rights in the current digital landscape. It considers the Ugandan jurisdiction vis a vis more comparatively advanced ones in terms of children’s digital rights, and propose recommendations for the strengthening of legal and policy frameworks in Uganda, enhancing awareness and digital literacy, and fostering collaborative efforts to mitigate the risks faced by children in the digital realm.
An Assessment of the Effectiveness of Ihl Remedies to the Civilian Population
(Uganda Christian University, 2024) Sidney Okwii
This research was done with the general objective of assessing the effectiveness of IHL remedies for the civilian population. The other objectives which were done throughout the research which include showing examples of the remedies provided, possible mechanisms, problems involved and possible solutions. In chapter two, I was able to show the legal framework governing the provision of IHL remedies to the civilian population, how the different countries apply these IHL remedies to the civilian population and the different laws that govern it in the select countries. In chapter three, I provided the right to a remedy as shown within IHL, the different principles involved with the provision of the IHL remedies.The research also showed who as a civilian is entitled to the IHL remedies, and who is liable to provide the IHL remedies to these civilians.Also within this chapter, it showed the different factors that are hindering the provision of IHL remedies to the civilians. In chapter four, I presented the summary of findings, conclusion of the research and recommendations.
An Overview of the Effective Use of Alternative Dispute Resolution in Resolving Legal Matters in Uganda
(Uganda Christian University, 2024) Lynnette Ainembabazi
Dispute are inevitable element of human interaction and society needs to develop efficient and innovative methods of dealing with them and to resolve them through man developed court system. The search for alternatives to violence gave birth to the precursors of alternative dispute resolution (ADR) thus making it an important critical aspect in the resolving of disputes all over the world. Even with that whenever a dispute arises the parties will go to their lawyers and the lawyers will issue a notice of intention to sue the other party in court without considering whether the dispute can be resolved in a different way. This has led to an increase in cases in the court system thus leading to case backlog. This research paper intends to show how effective the use of Alternative dispute resolution in resolving disputes between parties in Uganda.
A Critical Analysis of the Legal Aspects of Syndicated Loans in Financial Institutions in Uganda
(Uganda Christian University, 2024) Leenicy Nimusiima
Child Rights in Relation to the Digital Age in Uganda
(Uganda Christian University, 2024) Phiona N Atusasiire
Digital age with its unparalleled access to information, enhanced connections, and innovative communication techniques, the digital age has profoundly altered cultures all around the world. Though it presents countless opportunities for learning, self-expression, and fostering community, the transition to a digital age also presents unique difficulties, especially for the most defenceless members of society-children. This is the reason that several national, international laws and instruments seek to define, recognize, and safeguard their rights. But when new technologies are used more, particularly the internet, it opens new avenues for kid exploitation and injury. The swift growth of internet technology and the widespread use of mobile devices by young people worldwide have raised serious worries about children's safety and well-being on the internet, both in Uganda and globally. Given how quickly technology is developing, it can be challenging for legislators, activists, parents, and other stakeholders to stay up to date on both legal and illegal protection strategies. This paper provides an overview of children's rights in the modern digital environment by thoroughly reviewing the laws, policies, and literature that are in place both domestically and globally. It compares Uganda's legal and policy frameworks to those of more developed nations, in terms of children's digital rights and makes recommendations for improving awareness and digital literacy, fortifying legal frameworks, and encouraging joint efforts to reduce the risks that children face in the digital sphere.
An Examination of the Impact of Medical Malpractice Litigation on the Performance of Health Workers in Uganda.
(Uganda Christian University, 2024) Paul Richard Kabanda
Medical malpractice litigation is a growing trend in most developing countries and many countries are seeking ways to cope with the problem. Practicing safe behavior regarding patients is an essential part of a health worker’s ethical and professional standards. Despite this, health workers practice behaviors that run counter to patient safety, including practicing defensive medicine, hesitating to disclose incidents of malpractice to patients and failing to report these incidents of malpractice to the hospital administrations. Health worker’s risk of malpractice litigation seems to be a relevant factor affecting these behaviors. The objective of this study was to examine the impact of medical malpractice litigation on the performance of health workers. The study sought discuss the legal framework surrounding medical malpractice in Uganda, analyzed the state of medical malpractice litigation in Uganda, and analyzed the adequacy of the existing legal frameworks in addressing the medical malpractice. It has been established that there is a need for a common definition of medical malpractice, a common legislation that will save the situation of referring to multiple laws when adjudicating on medical negligence suits. The health workers have suffered from psychological distress when facing medical litigation. Such distress has led to underperformance of health workers. The costs associated with medical malpractice and the ensuing litigation have been considerable and trigger different responses from the health worker. The environment is characterized with several factors combined to create worker resentment and unhappiness about their professions and the regulatory systems within which they operate.
The Efficacy of the Existing Laws in Regulating the Number of Street Children in Uganda
(Uganda Christian University, 2024) Esther Idia Nyikada
This research study is intended to analyze the legal framework governing street children in Uganda, the efficacy of those laws, whilst analyzing the possible reasons as to why children are being on streets as well as the risks faced by these particular children, much emphasis will be on the post-independence Era up to date focusing mostly in the Kampala Metropolitan Area. The research will also look at the possible solutions or ways of how to do away with the problem of children on streets while promoting and protecting their rights
Assessing the Effectiveness of the Law and Policies on Disabled Persons Under Employment Laws in Uganda
(Uganda Christian University, 2024-05) Happy Kyoshabire
This research discusses the effectiveness of the law and policies on disabled persons under employment laws in Uganda. There have been many laws enforced in regards to employment of disabled in Uganda but no implementation of such laws. The thesis further discusses different laws and policies both national and international regarding disabled persons and assesses how these laws are effective in regards to employment of these disabled persons. This research also discusses the challenges that affect the effective implementation of these laws in regards to employment of disabled persons. And as well lays down recommendations to different stakeholders to increase on the number of employed disabled persons in the formal sector.
The Applicability of the Erga Omnes Partes Doctrine in the Adjudication of International Human Rights Disputes
(Uganda Christian University, 2024-05-03) Arinda Isaac Rugambwa
The Erga Omnes Partes Doctrine, a fundamental principle of international law, imposes obligations upon states towards the international community as a whole. This research delves into its applicability within the context of adjudicating international human rights disputes. By examining pertinent case law, treaties, and scholarly literature, this research elucidates the evolving role of the doctrine in shaping the adjudication of international human rights violations. It explores the tension between state sovereignty and international obligations, analyzing how the doctrine operates in practice to hold states accountable for violations of human rights norms. Furthermore, this research assesses the effectiveness of international mechanisms, such as international courts and tribunals, in invoking and enforcing the Erga Omnes Partes Doctrine. Through a comprehensive analysis, this research seeks to contribute to a deeper understanding of the doctrine's significance in promoting global human rights protection and fostering accountability among states in the international arena.
Analyzing the Right Ti Health and Education and Health for People With Disability
(Uganda Christian University, 2024-05-04) Christine Milly Achii
Article 24 and 251 provide for the right to education and health of persons with disability respectively. States are mandated to while fulfilling their obligation towards rights of person with disability to do so by equalization of opportunities means ensuring that the various systems of society and the environment, such as services, activities, information and documentation, are made available to all, particularly to persons with disabilities. . Aside from the Convention of rights of persons with disabilities, there are other regional laws that provide for the right to education and health of persons with disability. The Protocol to the African Charter on Human and People’s Rights of Persons with Disabilities in Africa under Article 16 and 17 provides for the right to education and health of persons with disability respectively. The right to health and education of persons with disabilities is adopted into Uganda’s legislation under section 6 and 7 prohibiting any form of discrimination on the basis of disability. However there is still limited access to health and education by persons with disabilities; this is mainly as a result of poor education and health structure. Lack of trained personnel in giving assistance to persons with disabilities and stigmatization by society. Government should create awareness to members of societies and above all infuse training of medical and educational professionals on how to treat and educate members with disability in the very fabric of the journey and education of becoming teachers and medical personnel as a course of its own.
Copyright challenges in today's technologically advanced cyberspace
(Uganda Christian University, 2024-05-06) Eva Ndenzako
Medical Negligence in Uganda; a Case Study of Mukono Municipality
(Uganda Christian University, 2024-05-06) Josophine Aanyu
Medical negligence is said to be an act committed by a health professional or care provider in which the provided treatment was supposedly below the standard expected. The overwhelming incidences of medical negligence mostly go without any legal action leading to a frustrating situation where public trust is completely lost on the medical service providers. There is an urgent need to put a check on increasing trend in the number of medical negligence cases and deteriorating quality of healthcare in Uganda. In this study, With the purpose of assessing the factors contributing to the increase of medical negligence cases in Uganda with a key focus of Mukono municipality hospitals, respondents were asked provide insights into the factors mainly responsible for medical negligence, prevailing circumstances and impact on doctor-patient relationship etc. General lack of communication and misunderstanding amongst patients’ relatives about medical services being provided by medical professional, failure by patients to disclose all relevant information pertaining to their illnesses, understaffing were found to be major reasons behind the increasing cases of medical negligence in Mukono.
A Critical Analysis of the Observance of Human Rights of Prisoners by Uganda Prison Service
(Uganda Christian University, 2024-05-07) Precious Mary Namugere
This dissertation explores the treatment of prisoners in Uganda while focusing on prisons in Jinja District. It aims to understand how well the prisons in Jinja respect the prisoners’ rights. I initially expected to find many cases of violations of Prisoners’ rights as often reported in the media; however, through the interviews with prisoners and wardens, I discovered that prisons in Jinja District are generally doing a good job observing these rights. As the inmates reported that they have access to adequate food, medical care and are treated with respect. Overall, the research shows that also though Jinja prisons may still have some areas that need improvement, they have done a fairly good job in protecting the prisoners and this indicates that its possible for all prisons in Uganda to protect the prisoners in their custody.
The Legal Analysis of the Human Rights for the People in Detention: A Case Study of Luzira Prison
(Uganda Christian University, 2024-05-07) Lenah Atuhaire
A short epitome of the topic which make up constitutional law and the human rights of the people in detention (Luzira prison) and the order in which they are treated in this paper probably gave a clear idea of its subject matter and they were catalogued as follows Chapter One, entails the back ground of the study, statement of the problem, purpose of the study, objectives of the study, research questions, research hypothesis, scope of study, significance of study, and justification of study. Chapter Two, covers the literature review including theoretical review, physical environment in prison and human rights for the people in detention, prisoner rehabilitation and human rights for the people in detention and accountability in prisons and human rights for the people in detention. Chapter Three, highlights the methodology that was used during the study. It consists of the research design, study population, sample frame, data collection methods and instruments, data processing, limitations and ethical considerations. Chapter Four, entails the findings and discussion of human right violation in Luzira maximum prison. It entails deep analysis and discussion with the SWRO, ASPs and the detainees in the prison. This chapter therefore details my findings and analysis in the light of physical environment, prisoner rehabilitation and accountability. Chapter five, presents the summary and discussion of findings while making reference to other available literature. The chapter further presents recommendations and areas for further studie
Right to Education; a Comparative Analysis of the Implementation of Universal Primary Education in Rural Areas of Uganda’s Eastern Region: Lessons From Similar Initiatives in Other African Countries.
(Uganda Christian University, 2024-05-07) Mary Monica Okumu
This paper explores the right to education, specifically focusing on universal primary education (UPE) and its effectiveness in rural areas of Eastern Uganda. Since Uganda gained independence in 1962, the Ministry of Education and Sports has overseen four education tiers: pre-school, primary, post-primary, and higher education. The Commission for the Review of Education Policy, established by the National Resistance Movement, recommended universal primary education. In 1996, the National Resistance Army initiated free education, aiming to provide access up to grade seven. However, UPE implementation faces challenges such as inadequate government commitment and coordination. This study, utilizing qualitative methods including literature reviews and stakeholder interviews, assesses UPE effectiveness and coordination mechanisms. It also considers international treaties on the right to education for comparative analysis. Additionally, the research compares Kenya's education system to identify strategies for enhancing UPE outcomes and realizing universal education rights for all children.
Navigating Competition: Assessing the Efficacy of the Competition Act as an Antitrust Policy Framework in Uganda
(Uganda Christian University, 2024-05-08) Micheal Favour Otong
This study evaluates the efficacy of Uganda's Competition Act as an antitrust policy framework, focusing on its impact on business competition, consumer rights, challenges and opportunities of implementation, adherence to international standards, and mitigation of monopolistic practices. Employing a historical research strategy and descriptive research design, data is gathered from both Ugandan and international sources. The key findings indicate that while the Act addresses major tenets of antitrust policy, such as prohibition of cartels, abuse of dominant positions, and notice requirements for mergers, it requires improvements in administration, enforcement, and dispute resolution. The study recommends establishing a streamlined system for complaints and dispute settlement, enacting necessary bodies and rules, and conducting mass public awareness campaigns. This research is aimed at contributing to the limited information on competition law in Uganda while serving as a foundation for future studies in the field.
Infringement of Rights of Children in Conflict With the Law. A Case Study in Lira District.
(Uganda Christian University, 2024-05-08) Francis Aryam
This Study was about the infringements of rights of children in conflict with the law in Uganda. This study sought to examine the effectiveness of the existing laws and institutional framework relating to rights of children and challenges faced by these institutions in Uganda. Through doctrinal research methodology, the study specifically examines the existing laws of children in conflict with the law in Uganda and applicability in civil sector in Uganda. The research focuses on the circumstances which give rise to children in conflict with the law in Uganda and legalities taken into account while resolving the custody, care and control of children as supported by the law. It also discusses the problems experienced in dealing with law in regards to the study. It provides possible interventions to streamline cases of custody of children. The proposed research took the form of a new research but on an existing research subject. In order to satisfy the objectives of the dissertation a qualitative research was held. The research findings of the study reveal a number of factors capable of stalling the proper regulation of children in conflict with the law in Uganda, in the view of this findings, the study recommends proper implications of existing laws, improvements in monitoring and assessments of juvenile delinquency in Uganda among other things.
Examine the Effects of Child Labour on the Development of a Child in Uganda
(Uganda Christian University, 2024-05-09) Ivan Odong
Child labour remains a pervasive issue globally, with Uganda being no exception. This study explores the multifaceted effects of child labour on the development of children in Uganda. Utilizing a combination of qualitative and quantitative methodologies, including interviews, surveys, and secondary data analysis, the research delves into the socio-economic, psychological, and educational ramifications of child labour on Ugandan children. The findings reveal that child labour significantly impedes the holistic development of children in Uganda. Socio-economically, it perpetuates cycles of poverty by depriving children of education and perpetuating low-income trajectories into adulthood. Psychologically, children engaged in labour often face heightened levels of stress, anxiety, and depression, impacting their emotional well-being and long-term mental health outcomes. Furthermore, the educational aspect elucidates how child labour disrupts access to education, resulting in lower academic achievement and limited opportunities for upward social mobility. The research underscores the urgent need for comprehensive interventions that address the root causes of child labour in Uganda, including poverty, inadequate access to education, and cultural norms. Policy recommendations are proposed to enhance child protection measures, improve access to quality education, and foster sustainable livelihoods for families, thereby fostering the holistic development of Uganda's children and securing a brighter future for generations to come.
The Effect of Criminalizing Prostitution on the Enjoyment of Human Rights in Uganda
(Uganda Christian University, 2024-05-11) Lynn Katana
This research explores the effect of criminalizing prostitution on the enjoyment of human rights in Uganda. Prostitution is prohibited under the Penal Code Act of Uganda and rather than eradicate the sex work industry, the law has pushed it underground where it is vulnerable to human rights violation. The research is majorly desktop work with findings derived from human rights reports, news reports, and academic research on human rights violations of sex workers in Uganda in relation to status quo around the world. These rights being violated range from the right to be free from discrimination, the right to work, the right to freedom of association and the right to privacy as provided for under the Constitution of the Republic of Uganda. The research calls for the reevaluation of the laws criminalizing prostitution and further suggests that it is best to adopt the policy of decriminalizing prostitution as the country would be in a better position to address the human rights violations against the people involved in the practice. This study contributes to the ongoing discourse on the decriminalization of sex work in Uganda and its potential to improve the human rights situation of sex workers. It calls for a reevaluation of existing laws and policies affecting sex workers and advocates for a human rights-based approach to sex work in Uganda.

Browse

Browsing School of Law by Issue Date

Results Per Page

Sort Options