Our Bodies, Their Laws: Access to Justice for Survivors of SGBV in South Africa and Uganda

In both Uganda and South Africa, the patriarchal systems that produce unequal gender relations are responsible for entrenching stereotypical beliefs about women, rape and consent. This has made SGBV a common occurrence for women of diverse identities and backgrounds. Both countries are parties to CEDAW and the Maputo Protocol, two international human rights instruments that require states to address violence against women. Moreover, Uganda and South Africa each have their own set of constitutional and statutory laws that not only specifically prohibit violence against women but require the government to play an active role in the promotion and achievement of gender equality.

Yet, the response of the criminal justice system has been insufficient and inadequate. First, the barriers to reporting incidents of SGBV are numerous and diverse, from the stigma surrounding these issues to lack of resources and protection for survivors. Second, a range of issues within law enforcement, like the undertraining of police units or gender bias among officers, decrease the quality and effectiveness of investigations, further undermining survivors’ access to justice. Lastly, the infusion of gender stereotypes in the courtroom favors perpetrators, and the confrontational character of the proceedings causes secondary traumatization for survivors. Clearly, justice remains inaccessible for survivors of SGBV.

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Issued by the Young Feminist Scholars Program, Politics4Her Written by Oriana Fuenmayor