Access to justice for women with disabilities in Kampala during the COVID-19 pandemic; a learning experience for future crises

Abstract

Access to justice is a right available to women with disabilities in Article 13 of the United Nations Convention on the Rights of Persons with Disabilities. The novel Covid-19 pandemic which hit the world by storm in 2019 affected a number of sectors including the judicial sector. In Uganda, both the state and the judiciary adopted a number of measures to mitigate the spread of the pandemic. While the pandemic has subsided, it is important to thoroughly analyse the impact it had on access to justice for women with disabilities in order to devise means of ensuring these women can still effectively access justice in the event of future crises. The general objective of this research was to examine the state of access to justice for women with disabilities in Kampala (Uganda’s capital city) during the pandemic with the aim of suggesting recommendations to ensure better access to justice for these women in case of future pandemics or crises. The findings revealed that access to justice for women with disabilities was generally poor during the pandemic. Measures adopted by the state for example shifting court hearings online negatively affected access to justice for women with disabilities during the pandemic as many of these women did not have the technology required (smartphones, laptops and internet) to utilise virtual court options while others did not know how to utilise this technology. Lockdown of public transport made transportation to institutions from which these women could access justice like police stations difficult. Prohibition of public gatherings interfered with sensitisation of women with disabilities of their rights and the institutions from which they could access justice. In order to ensure better access to justice for women with disabilities during future pandemics or crises, legislation and policy must be put in place to ensure appropriate procedural accommodations for virtual court options utilised during future pandemics or crises. Internet accessibility and connectivity should be improved to enable women with disabilities easily utilise virtual court options. Women with disabilities should be included in emergency response policy making especially concerning access to justice during crises. Proper records for example statistics of women with disabilities must be kept to ease planning for women with disabilities during future crises.