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Sexual violence
Sexual violence is a portrayal of power and control but expressed in a sexual manner. It denotes an overarching term used to describe any violence, physical or psychosomatic, carried out through sexual means or by targeting sexuality.112 It could be any ‘sexual act,113 an attempt to obtain a sexual act, unwanted sexual comments or advances, or acts to traffic, or otherwise directed, against a person’s sexuality using coercion, by any person, regardless of their relationship to the victim, in any setting, including but not limited to home and work’.
Coercion can cover a spectrum of degrees of physical force, psychological intimidation, blackmail or the threat of physical harm, of being dismissed from an employment or of not obtaining a job that is sought.115 The target group of sexual violence is mostly women and girls, but men and boys are also victims.116 Bassiouni, defines ‘sexual violence as any violence, physical or psychological, carried out through sexual means or by targeting sexuality’.
Also, it could ‘cover both physical and psychological attacks directed at a person’s sexual characteristics, such as forcing a person to strip naked in public, mutilating a person’s genitals, or 111 MK Sinha ‘Business and human rights: An Indian perspective’ in Manoj Kumar Sinha, Business and slicing off a woman’s breasts’.118 As well, it can cover ‘situations in which two victims are forced to perform sexual acts on one another or to harm one another in a sexual manner’.119 Sexual violence can be rape or attempted rape,120 which is the invasion of any part of the body of the victim by the perpetrator with a sexual organ or the invasion of the anal or genital opening of the victim with an object or the invasion of any other part of the body by force, threat of force, or coercion. Sexual violence occurs in a coercive environment against a person incapable of giving genuine consent.121 Other forms of assault involving a sexual organ include coerced contact between the mouth and penis, vulva or anus. Sexual slavery, enforced prostitution, sterilisation and forced pregnancy are also forms of sexual violence.
Chapter 1: Introduction and problem statement .
1 Introduction
2 Problem statemen
3 Thesis statements .
4 Objective of the study
5 Research question(s)
6 Limitations
7 Conceptualisation.
7.1 Access to justice
7.2 Human Rights
7.3 Sexual violence
7.4 Victims.
7.5 Refugee .
7.6 Reparation..
8 Research method
9 Significance of study
10 Overview of chapters
Chapter 2: Theoretical underpinnings .
1 Introduction.
2 Concept of access
3 The concept of legal theory
4 Justification for the choice of theories .
5 Functions of theory
6 Underpinning theories.
7 Conclusion
Chapter 3: The problem of female refugees from a historical perspective.
1 Introduction
2 Who are refugees?.
3 Internally displaced persons
4 Historical perspective to a global refugee problem
5 Intervention by the international community.
6 Factors/causes of refugee production.
7 Effect of refugee problem on females.
8 The evolution of sexual violence
9 The dynamics of sexual violence
10 Jurisprudence of rape as a crime against humanity .
11 Causes of vulnerability to sexual violence in refugee camps .
12 Perpetrators of sexual violence against female refugees in camps .
13 The typology of sexual violence against female refugees in camps.
14 Consequences of sexual violence on the victims.
15 The problem of access to justice
16 Conclusion
Chapter 4International and regional refugee legislative frameworks for the enforcement of the rights of victims of sexual violence in refugee camps .
1 Introduction
2 General protection of refugees
3 Related legal international and regional instruments on sexual violence
4 Legal Mechanism for accessing Justice
5 Jurisdiction for addressing the legal needs of Refugees
6 Conclusion
Chapter 5: Domestic mechanisms addressing sexual violence in host states.
1 Introduction.
2 The status of international law in domestic legal systems.
3 Legislative instruments addressing sexual violence in South.
4 Legislative instruments addressing sexual violence in United Republic of Tanzania
5 Legislative instruments addressing sexual violence in Uganda
6 Treatment of refugees in Uganda with reference to article 16 of
the UN Refugee Convention.
7 Victims involvement in domestic criminal proceedings.
8 Comparative analysis of the treatment of cases of sexual violence against citizens and
refugees in South Africa, Tanzania and Uganda
9 Conclusion
Chapter 6. Facilitation of access to justice for victims of sexual violence in refugee camps
Chapter 7. Conclusion and recommendations
Bibliography
Appendix A
Appendix B
