The Constitutional Court has dismissed a petition challenging the legality of the Venereal Diseases Act on grounds that the law has since been repealed.
The evidence before Court indicates that the said act was repealed last year following the amendment of the Public Health Act.
The petition, which was filed by Health rights advocates led by Center for Health Human Rights and Development (CEHURD) against the Attorney General, was dismissed by a panel of five justices.
The Justices including Fredrick Egonda -Ntende, Catherine Bamugemereire, Irene Mulyagonja, Monica Mugenyi and Christopher Gashirabake unanimously ruled that it is a wastage of time to determine the the constitutionality of the provisions of the Venereal Diseases Act after it was repealed.
In their ruling the justices noted that while at the time of filing the petition it raised a question for Constitutional interpretation however by the time they heard the matter and delivered the Judgment, the Act had been repealed.
They added that matters in controversy are moot
CEHURD had sued the Attorney General challenging the provisions of the Venereal Disease Act Cap 284 for contravening provisions of the 1995 Constitution.
The health rights body had argued that several Sections of the Venereal Diseases Act were unconstitutional as they violated the right to health, freedom from discrimination. freedom from cruel, inhumane and degrading treatment and the right to privacy.
The Venereal Diseases Act was enacted in 1977 and provided for forced testing, examination and treatment of persons suspected to have venereal diseases.
Venereal diseases are those contracted by sexual intercourse with a person already infected.
