Equivocal Justice: Migrant and Refugee Survivors of Family Violence and Interactions With the Australian Legal System

模棱两可的司法:家庭暴力幸存者(移民和难民)与澳大利亚法律体系的互动

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Abstract

Little is known about how migrant and refugee women who experience family violence interact with the Australian justice system. Drawing on interviews with survivors and service providers and a focus group discussion (n = 73), this paper explores how survivors view and engage with Australian legal interventions. We found the legal system to be an unreliable site for migrant and refugee women; it was capable of both perpetuating violence through institutional discrimination and offering much-needed protection, at times simultaneously. Interactions were influenced by and influenced survivors' legal consciousness and informed their relationship with the resettlement state. The findings underscore the importance of legal responses premised upon listening to survivors' claims, respecting their agency, and accounting for the intersectional realities of their lives.

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