'Up to Now I Am Suffering': Justice, Sexual Violence and Disability Amongst Refugees in Uganda

International Journal of Migration and Border Studies, Vol. 1, No. 4, pp. 348-371, 2015

Sydney Law School Research Paper No. 16/07

25 Pages Posted: 18 Jan 2016

See all articles by Laura Smith-Khan

Laura Smith-Khan

The University of Sydney Law School

Mary Elizabeth Crock

The University of Sydney Law School

Ronald McCallum

The University of Sydney Law School

Ben Saul

The University of Sydney Law School

Date Written: January 17, 2016

Abstract

Sexual violence is a common feature of persecution, and of the displacement situations that follow it. Such violence can cause serious physical, psychological and social harm, sometimes amounting to disability. Despite formal obligations on host states and international bodies to ensure the rights of refugees with disabilities, many challenges exist to promoting access to justice for refugee survivors of sexual violence. Through the lens of international law, this article considers two conceptualisations of justice and how well it is achieved for refugee survivors of sexual violence living in Uganda. Drawing on recent fieldwork, it will argue that despite some positive developments, there remain significant barriers to true justice for this group.

Keywords: Refugee, sexual violence, rape, disability, international human rights, CRPD, law enforcement, criminal justice, restorative justice, conflict, displacement, vulnerability, forced migration, Uganda, Africa

JEL Classification: K10, K30, K32, K33

Suggested Citation

Smith-Khan, Laura and Crock, Mary Elizabeth and McCallum, Ronald and Saul, Ben, 'Up to Now I Am Suffering': Justice, Sexual Violence and Disability Amongst Refugees in Uganda (January 17, 2016). International Journal of Migration and Border Studies, Vol. 1, No. 4, pp. 348-371, 2015; Sydney Law School Research Paper No. 16/07. Available at SSRN: https://ssrn.com/abstract=2717213

Laura Smith-Khan (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Mary Elizabeth Crock

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Ronald McCallum

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
+61 2 9351 0252 (Phone)

Ben Saul

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://https://sydney.edu.au/law/about/people/profiles/ben.saul.php

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