Public Interest Litigation (PIL) and its impact on the promotion and protection of human rights: an interrogation of the right to basic education in Uganda

Abstract

This paper analyzes the impact of PIL on the protection and promotion of human rights with a special focus on the right to basic education in Uganda. It should be noted from the onset that there are very few PIL cases in the area of education in Uganda, nevertheless, it is necessary to examine the progress so far made. In undertaking the analysis, the paper explores the historical background of PIL in Uganda and its distinct nature from other forms of litigation and examines the meaning of the right to basic education. It also discusses the overarching obligations in the promotion and protection of the right to basic education and highlights how PIL has been used to secure remedies for victims of violations of the right. This is in addition to an investigation of the impact of PIL on the four essential elements of the right to basic education, viz., availability, accessibility, adaptability, and acceptability. It will also provide concrete recommendations on the use of PIL in advancing the realization of the right to basic education and other human rights generally