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| Uganda bride price refund outlawed by top judges | Uganda bride price refund outlawed by top judges |
| (34 minutes later) | |
| Uganda's Supreme Court has ruled that the practice of refunding a bride price on the dissolution of a customary marriage is unconstitutional and should be banned. | Uganda's Supreme Court has ruled that the practice of refunding a bride price on the dissolution of a customary marriage is unconstitutional and should be banned. |
| The judges said it suggested that women were in a market place, and infringed on their right to divorce. | The judges said it suggested that women were in a market place, and infringed on their right to divorce. |
| But they rejected the argument that the bride price itself was unconstitutional. | But they rejected the argument that the bride price itself was unconstitutional. |
| Campaigners said that it turns a woman into the husband's property. | Campaigners said that it turns a woman into the husband's property. |
| Should a marriage end in Uganda, the wife had been expected to refund the bride price - often paid in livestock. | Should a marriage end in Uganda, the wife had been expected to refund the bride price - often paid in livestock. |
| But it was argued that as women tend to have less wealth than their husbands, many became trapped in unhappy relationships. | But it was argued that as women tend to have less wealth than their husbands, many became trapped in unhappy relationships. |
| At the scene: Catherine Byaruhanga | At the scene: Catherine Byaruhanga |
| There was a gasp in the court-room when the first justice ruled against the refunding of the bride price. | There was a gasp in the court-room when the first justice ruled against the refunding of the bride price. |
| This is being seen by those behind the case as a major step in chipping away at a tradition that is detrimental to women. | This is being seen by those behind the case as a major step in chipping away at a tradition that is detrimental to women. |
| But as most of the judges acknowledged many Ugandans support the idea of a bride price, which they do not see as a commercial transaction. | But as most of the judges acknowledged many Ugandans support the idea of a bride price, which they do not see as a commercial transaction. |
| The women's rights organisation Mifumi, which brought the case, welcomed the ruling, despite not getting everything it campaigned for. | The women's rights organisation Mifumi, which brought the case, welcomed the ruling, despite not getting everything it campaigned for. |
| "This is a momentous occasion... and this ruling will aid the fight against women and girls' rights abuses," spokesperson Evelyn Schiller told the BBC outside the court. | "This is a momentous occasion... and this ruling will aid the fight against women and girls' rights abuses," spokesperson Evelyn Schiller told the BBC outside the court. |
| The BBC's Patience Atuhaire in the capital, Kampala, says that traditionally the bride price is seen as an honour and a sign that the couple are entering into a respectful marriage. | The BBC's Patience Atuhaire in the capital, Kampala, says that traditionally the bride price is seen as an honour and a sign that the couple are entering into a respectful marriage. |
| Bride price practices across Africa: | |
| South Africa: Known as "lobola", it is a sign of the man's commitment to take care of his wife and is seen as a symbolic act rather than a purchase | |
| Niger: There is an official maximum rate for a bride price of 50,000 CFA francs ($83, £54) but many pay much more than this | |
| Kenya: Pastoral communities insist that it is paid in cattle and it has been cited as a cause of cattle rustling | |
| Click here for more on Africa Bride Price Traditions | |
| Mifumi said that bride price encouraged domestic violence and could lead a man to think that he had paid for his wife's "sexual and reproductive capacity". | Mifumi said that bride price encouraged domestic violence and could lead a man to think that he had paid for his wife's "sexual and reproductive capacity". |
| Six of the seven judges said that the direct link between the bride price and domestic violence had not been proved. | Six of the seven judges said that the direct link between the bride price and domestic violence had not been proved. |
| However, they did say that using the phrase "bride price" was wrong as it made it look like the woman was purchased. | However, they did say that using the phrase "bride price" was wrong as it made it look like the woman was purchased. |
| The only dissenting opinion came from Justice Esther Kisakye, who said that while the constitution supports culture "it [only] validates customs that respect the rights of all Ugandans". | The only dissenting opinion came from Justice Esther Kisakye, who said that while the constitution supports culture "it [only] validates customs that respect the rights of all Ugandans". |