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“HAKI YENU” STUDY It is your right - Integration for Impact

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“HAKI YENU” <strong>STUDY</strong><br />

<strong>It</strong> <strong>is</strong> <strong>your</strong> <strong>right</strong><br />

<strong>Integration</strong> <strong>for</strong> <strong>Impact</strong> Conference<br />

12 th -14 th September 2012<br />

Safari Park Hotel<br />

Wilk<strong>is</strong>ter Bosire<br />

Project Officer<br />

International Centre <strong>for</strong> Reproductive Health


SGBV Background<br />

• SGBV - most widely spread and socially tolerated <strong>for</strong>m<br />

of human <strong>right</strong>s violations globally<br />

» Public health<br />

» Development<br />

» Results from and propagates gender inequalities<br />

• Worldwide, an estimated 1: 5 women will be a victim of<br />

rape or attempted rape in her lifetime<br />

• 1:3 women will have suffered any abuse by a family<br />

member or acquaintance


SGBV Background cont…<br />

• Hundreds of thousands women and children are<br />

trafficked and enslaved yearly<br />

• Millions are subjected to harmful practices<br />

• Violence kills and d<strong>is</strong>ables as many women (15-44) as<br />

cancer<br />

• <strong>It</strong>s toll on women’s health surpasses that of traffic<br />

accidents and malaria combined


SGBV situation in Kenya/Coast province<br />

• NWH – a person <strong>is</strong> raped every half hour in Kenya<br />

• >1/3 of women have suffered some violence since they<br />

were 15 (KDHS,2008/9)<br />

• 1:5 had experienced sexual violence<br />

• 12% had first sex <strong>for</strong>ced<br />

• GBVRC~50 cases are seen each month<br />

• ~40% report to anyone/12% to someone in authority<br />

(UNAIDS, 2006)


Rationale<br />

• Recognition of SGBV as a crime under local and<br />

international law<br />

• Survivors encounter barriers in accessing justice in Kenya<br />

– Challenges in the implementation of SOA, 2006<br />

– Gaps –medical, psycho social & legal services<br />

• SGBV survivors deserve justice<br />

• Comprehensive framework <strong>for</strong> response to & prevention<br />

– Barriers to accessing services<br />

– Hindrances in coordination-community/legal/medical<br />

– Comprehensive set of policies/leg<strong>is</strong>lations/institutions


Study objectives<br />

Broad objective: To contribute to improved access to justice<br />

<strong>for</strong> survivors of SGBV in Mombasa, Kenya<br />

Primary objectives:<br />

• Legal outcomes of SGBV cases<br />

• Reasons <strong>for</strong> successful or failed prosecution of SGBV cases<br />

• Reasons <strong>for</strong> filing or not filing case in court<br />

Secondary objectives:<br />

• To explore strategies <strong>for</strong> strengthening referrals<br />

• To generate baseline data on legal follow up of SGBV cases<br />

• To evaluate the quality of services at the GBVRC


Research questions<br />

• What are the obstacles surrounding reporting and<br />

pursuing legal justice of SGBV incidents among<br />

survivors of SGBV?<br />

• What are the reasons behind success or failure of a<br />

court case <strong>for</strong> an SGBV survivor?<br />

• What are the determinants of access to medical and<br />

legal services <strong>for</strong> an SGBV survivor?<br />

• How can we strengthen linkages between community<br />

and medico-legal services <strong>for</strong> survivors of SGBV?


Methodology<br />

• Retrospective observational analys<strong>is</strong> ~6mons (Mombasa )<br />

• Qualitative and quantitative research techniques<br />

– Review of court records: 100 SOC selected thro’<br />

proportionate sampling by nature of offense<br />

– Structured interviews: 347 /2646 survivors seen 2007-2011<br />

– KII: 20 –HCP, police investigators/prosecutors,<br />

mag<strong>is</strong>trates, chiefs, govt. chem<strong>is</strong>t analyst, women leaders<br />

– IDI: 20 survivors who went to court & 20 who did not


Expected outputs<br />

• Number of SGBV cases filed in the Mombasa courts and<br />

children’s court between August 2007 and December<br />

2011 that were successfully prosecuted<br />

• Number of SGBV cases filed in the Mombasa courts and<br />

children’s court between August 2007 and December<br />

2011 that were not successfully prosecuted<br />

• Documentation of reasons why some SGBV cases went<br />

through or did not go through successful prosecution<br />

• Documentation of reasons why some survivors who<br />

passed through the GBVRC did not seek legal redress


Expected outputs cont…<br />

• Documentation of strategies <strong>for</strong> strengthening referrals<br />

from the community and between the medical and legal<br />

service providers<br />

• Documentation of the survivors’ perception of justice<br />

versus the criminal justice system and survivor<br />

sat<strong>is</strong>faction with sentences meted to persons found<br />

guilty of sexual violence<br />

• Policy recommendations in leg<strong>is</strong>lation, court procedures,<br />

community involvement, effective prosecution, real<strong>is</strong>tic<br />

and targeted in<strong>for</strong>mation <strong>for</strong> survivors, advocacy<br />

in<strong>for</strong>mation <strong>for</strong> groups on protection of survivors,<br />

objective in<strong>for</strong>mation <strong>for</strong> the media


Current status<br />

• Recruited staff<br />

• Received ethical approval from KNH ERC<br />

• Await research permit from NCST


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