School of Law (S.Law)
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Browsing School of Law (S.Law) by Subject "Access to justice"
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ItemAppraising access to justice for refugee women survivors of SGBV in Kiryandongo Refugee Settlement(Makerere University, 2025) Namutosi, MichelleThis study explores access to justice for refugee women survivors of sexual and gender-based violence in Kiryandongo Refugee Settlement. Drawing on qualitative data from interviews with survivors, community leaders, the police, prisons, judicial officers, a representative from the Office of the Prime Minister, the study finds that there exist informal and formal justice systems, each with their own unique challenges. The study assessed that violence is majorly rooted in economic disempowerment, harmful gender stereotypes, alcoholism, and internal conflicts. Notable barriers included social-cultural attitudes that undermine women and tolerate violence, resource constraints that make it difficult for the key actors to effectively perform their roles in supporting victims, long distances to courts, poverty, language barrier and an overall justice system that is not sensitive towards refugee women. The study reveals that despite Uganda’s exhaustive legal framework, a gap still exists in the implementation of the laws, especially towards refugees. The study concludes with actionable recommendations for the various stakeholders, in accordance with the key access to justice elements so as to enhance protection of women from violence and guarantee an accommodative justice system for victims.
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ItemDispute resolution in e-commerce: a dilemma in the access to justice(Makerere University, 2023-05) Kwagala, MarthaCommerce has the ability to be conducted electronically without the transacting parties being in the same place at the same time, the rationale, the ideal situation is that both parties are trustworthy, acting with good faith, and where agents are involved, the fiduciary duty is adhered to. But the question is whether disputes don’t arise in a marketplace where physical interface at the time of transaction is either minimal or completely nonexistent? The answer is that disputes definitely arise in every relation that humans are involved and when it involves commerce via technology, disputes are plausible from corruption, fraud, mistake, misunderstandings or lack of meeting of the minds (consensus ad idem), failure of consideration, non-performance of contractual obligations from the foregoing, the world has advanced in regards to technology and this is not limited to warfare but to business as well. The concept of e-commerce can be attributed to the advancement of electronic communication that would make the physical presence of parties at the market stall dispensable. Interestingly, the emergency of e-commerce has redefined what a market place is, it’s common to hear phrases such as “global village” or “global market”. In the event of dispute, this paper seeks to investigate the practicality of concept of the access to justice principle both financially and geographically, who do you sue? where do you institute a claim? what’s financial implication? Can you afford?