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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Author(s)
Korima Begum
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DOI:10.17265/2328-2177/2021.08.004
Affiliation(s)
Shahjalal University of Science and Technology, Sylhet, Bangladesh
ABSTRACT
This paper explored the norms and mechanisms of access to justice regarding intimate partner violence (IPV), the constraints that affect refugee women when seeking measures against IPV, and the experiences and views of justice providers in giving access to justice to IPV victims in a customary court. This is a qualitative study where purposive sampling was applied. Five, eight, and four in-depth interviews with IPV victims, justice makers from BMC/CMC, and other concerning organizations were conducted, respectively. Moreover, two key-informant interviews were also conducted. Data were analyzed utilizing thematic analysis. The findings revealed that the multi-sectoral approach is the framework in responding to IPV cases followed by each actor, including the BMC and CMC, who are protecting the rights of IPV victims. However, this community-based committee is the first spot to mitigate IPV cases, and the trial procedures are not consistent with national laws and international human rights standards; the committee uses their life experiences, religious norms, and socio-cultural values. IPV victims and the customary court experience obstacles in case reporting, trial processing, and denial of legal justice. Moreover, the committee is more active in keeping the family and societal harmony rather than in protecting the individual (women). United Nations High Commissioner for Refugees (UNHCR) should accelerate efforts to protect, respect, and fulfill the needs of IPV victims in all sectors. Training on human rights and gender, the determination of the rules and regulations of the customary court to protect IPV victims, the development of appropriate sanctions for perpetrators, and the remedies for victims are suggestions from the research to get justice for the IPV victims.
KEYWORDS
accessibility of justice, intimate partner violence, customary court, Rohingya, refugee
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