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This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
Uganda ratified the Convention on the Rights of the Child (CRC) and incorporated it into national law through the Children Act 1997. However, the CRC has only been incorporated with ‘appropriate modifications to suit the circumstances in Uganda’. The CRC does not take precedence over national law and is not directly enforceable in national courts. Civil actions can be brought by a child through a ‘next friend’. In cases of infants, the parent or legal guardian would have to initiate the suit. Child right violations can be challenged in the HIgh Court, if it concerns a violation of a constitutional right. If the violation concerns an Act of Parliament or any other law, or an act done by a person or authority that is inconsistent with a provision in the Constitution, it can be brought to the Constitutional Court. Legal aid is available in Uganda for cases involving life imprisonment or a death sentence; there is no statutory right to legal aid for civil and family law cases. There are several non-governmental organisations in Uganda that provide legal assistance.