A legal empowerment approach to improving access to justice for victim-survivors of sexual and gender-based violence

Abstract

Sexual and Gender-based Violence (SGBV) is a prevailing problem in Sri Lanka and is a serious infringement of human rights. With the onset of the COVID-19 pandemic, there was a marked increase in the reporting of incidences of SGBV. Despite the critical need to address SGBV, the response of the criminal justice sector has been lackadaisical. The underdeveloped capacity of stakeholders within the criminal justice system results in victim-survivors of SGBV being revictimized throughout the criminal justice process. Victim-survivors are denied access to justice due to socio-cultural norms, the lack of legal awareness and complex administrative and legal procedures. Legal empowerment is a development concept that seeks to empower beneficiaries to not only know their rights but also develop their capacity and capability to exercise their rights. This article argues that a legal empowerment approach should be adopted in dealing with SGBV in order to ensure access to justice for victim-survivors of SGBV. The article further argues that in order to empower victim-survivors, legal empowerment activities must be undertaken at the individual, sub-national and national level wherein not only the victim-survivor but service providers of the criminal justice system are capacitated as well.