Title: 'Up to now I am suffering': justice, sexual violence and disability amongst refugees in Uganda

Authors: Laura Smith-Khan; Mary Crock; Ron McCallum; Ben Saul

Addresses: Faculty of Law, Law School Building F10, The University of Sydney, NSW 2006, Australia ' Faculty of Law, Law School Building F10, The University of Sydney, NSW 2006, Australia ' Faculty of Law, Law School Building F10, The University of Sydney, NSW 2006, Australia ' Faculty of Law, Law School Building F10, The University of Sydney, NSW 2006, Australia

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: refugees; sexual violence; rape; disability; international human rights; Convention on the Rights of Persons with Disabilities; CRPD; law enforcement; criminal justice; restorative justice; conflict; displacement; vulnerability; forced migration; Uganda; Africa; international law.

DOI: 10.1504/IJMBS.2015.070765

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

Received: 22 Oct 2014
Accepted: 15 Jan 2015

Published online: 24 Jul 2015 *

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