Abstract
Victimized immigrant women in Sweden encounter multifaceted barriers when seeking justice for intimate partner violence. Utilizing justice management from below as a methodological approach, this study adapts a two-fold model of challenges these women face in pursuit of justice. While action-based challenges, such as lack of legal awareness and access to language, isolation, insecure residency, and integration impede women from reporting incidents of domestic violence to the police; the process-based obstacles, including difficulties in proving violence and navigating legal proceedings and lack of trust in authorities hinder immigrant victimized women even after they have reported their cases. As a result, the majority of these women abandon their cases in the pursuit of justice. The findings of the study also underscore the importance of employing a bottom-up approach to understand the challenges faced by immigrant women who are victims of domestic violence within the Swedish justice system for access to justice.
Introduction
Access to justice is an essential and universally acknowledged pillar of the rule of law, representing a fundamental requirement in any democratic society. This core principle is grounded in the belief that every individual, regardless of economic, social, political, migratory, racial, ethnic, or religious background, as well as gender identity or sexual orientation, has an inviolable right to pursue legal remedies for the protection and vindication of their fundamental rights (European Court of Human Rights, 2022; Cappelletti et al., 1981). This fundamental human right guarantees that no individual is denied legal protection, ensuring that justice remains accessible to all.
Historically, the notion of access to justice was predominantly associated with the presence of legal representation and the ability to participate in formal legal proceedings. However, the evolution of legal and justice services has witnessed a significant expansion of its scope. Presently, the concept encompasses a diverse array of possibilities, including the provision of legal information, guidance, and representation. It further extends to encompass the accessibility of both judicial and non-judicial mechanisms for dispute resolution. In addition to traditional legal channels, individuals seeking justice now have access to alternative dispute resolution mechanisms, specialized institutions dedicated to facilitating equitable dispute resolution, and comprehensive support services that encompass both pre- and post-resolution phases.
In contemporary jurisprudence, access to justice strives to provide equal opportunities for all members of society (OECD, 2021; Francioni, 2007). As a critical legal principle in democratic systems, it guarantees that justice is an attainable right for every individual. The ability of individuals to access justice is pivotal for the protection and realization of their rights. However, numerous practical and legal obstacles often impede this process. Achieving universal access to justice involves acknowledging and responding to the challenges encountered by marginalized groups, including women, minorities, LGBTQ individuals, persons with disabilities, and immigrants (Bailey et al., 2013). This entails addressing their unique needs and circumstances. Furthermore, it is crucial to acknowledge that some individuals may encounter discrimination interactionally. As such, national legal frameworks incorporate provisions addressing multiple discrimination comprehensively to effectively combat such discrimination. A salient example of this is the pervasive issue of domestic violence against women, which constitutes a violation of their rights (OECD, 2016).
The quest for equitable access to justice gains particular significance when dealing with cases of domestic violence occurring within the private sphere. Academic discourse on domestic violence against women has endured for more than three decades (Hulley et al., 2023). Innovative approaches and interventions have been developed to enhance the safety and liberation of victims from domestic violence. These interventions encompass a spectrum of access to justice initiatives, criminalization of domestic violence, utilization of restraining orders as a civil mechanism to safeguard victims, and the establishment of women's shelters and comprehensive support services for those affected by victimization (Hulley et al., 2023; Davis et al., 2001).
Sweden has witnessed increasing immigration since the 1950s, with some 8% of the population being of foreign origin, mainly from Syria, Iraq, and Iran (SCB, 2023). Concerns over rising crime rates, particularly among non-EU immigrants, have sparked debates at various levels. Research by such bodies as BRÅ (2021) suggests that immigrants are linked to almost half of reported crimes. Integration rates for immigrants in Sweden are at 68% slightly below the EU average of 74% (Engellau, 2019; Eurostat, 2021). Studies also suggest that individuals with non-native backgrounds are disproportionately subject to criminal suspicion (BRÅ, 2021), underscoring the need for further research into the intersection of immigration and domestic violence.
Empirical studies in Sweden suggest that male-perpetrated domestic violence in intimate relationships is more prevalent, severe, and associated with more adverse outcomes than female-perpetrated violence. Data from 2005 to 2012 by BRÅ reveals that men make up 98% of violence suspects and 86% of assault suspects (SKR, 2016). Men are consistently the main perpetrators of extreme violence, particularly in lethal incidents within intimate relationships. Research indicates that 80% of assaults on adult women are by known individuals (BRÅ, 2019c; BRÅ, 2023a, 2023b). These findings emphasize the need to understand domestic violence dynamics, highlighting men as primary perpetrators and the complex nature of violence in intimate relationships. Studies (Hulley et al., 2023; Stjernqvist et al., 2022) consistently suggest that immigrant women are at a disproportionately higher risk of experiencing domestic violence. These inquiries indicate that immigrant women, subjected to instances of abuse, manifest a significantly higher lifetime prevalence of domestic violence when compared to the general population. Indeed, factors linked with immigration may accentuate the vulnerability of immigrant women to domestic violence. Immigrant women not only encounter a higher likelihood of experiencing domestic violence but also may endure more severe forms of abuse, frequently linked to their immigration status.
In Sweden, research often lacks detailed differentiation when it comes to immigrant communities. Studies suggest higher vulnerability among migrant women, with approximately 70,000 young adults facing familial constraints on marriage (SKR, 2016). “Severe mistreatment” is most common among Swedish-born individuals with foreign-born parents (3.8%), less among those with at least one Swedish-born parent (2.8%), and lowest among foreign-born individuals (2.7%) (SKR, 2016; BRÅ, 2023c, 2023d).
Sweden shows strong commitment to combat violence against women through government initiatives and a network of support for domestic violence victims. Women's shelters, dating back to the 1970s, remain vital in addressing domestic violence today (Stjernqvist et al., 2022; Hearn et al. 2016). Research underscores the importance of studying immigrant women's experiences and challenges in accessing justice regarding domestic violence.
This article examines the challenges immigrant women face when navigating the Swedish justice system in cases of domestic violence. Specifically, it investigates the ways in which these women, as victims, engage with the justice system and the role of their agency in seeking justice. By exploring these barriers and the women's responses, the article endeavors to contribute to the broader understanding of access to justice for marginalized groups in Sweden. Through an analysis of the accounts provided by 15 Iranian migrant women residing in Sweden, the article seeks to gain insights into how these individuals engage with the justice system and narrate their experiences within it. The methodology prioritizes the perspectives of these victimized migrant women and places emphasis on their narratives and endeavors to access and achieve justice through a grassroots approach. The article argues certain obstacles, as identified in the narratives of immigrant women, may prevent them from seeking justice in cases of domestic violence. In the analysis section, within the identified themes, the article endeavors to provide the perceptions of immigrant women who are often positioned as “others” within the Swedish justice system. The article examines the self-perceptions of women, their interactions within the system, and the processes imposed upon them. The findings highlight two main obstacles: action-based and process-based barriers. As this study focuses on the narratives of victimized immigrant women, both categories of barriers reflect the experiences of these women. A particularly compelling aspect of this analysis is how these women navigate and position themselves within a legal system renowned for its commitment to gender equality policies.
This article is structured into four main sections. The first section provides a brief background on the European context, specifically focusing on Sweden, and aims to present organized efforts to access justice for victims, particularly those impacted by domestic violence. The second section explores methodological considerations related to access to justice, emphasizing a bottom-up approach and the agency of individuals in seeking justice. The third section provides an empirical analysis of women's claims and narratives, highlighting key themes. And finally, the fourth section concludes with a discussion on what victimized migrant women navigating the Swedish justice system reveal about accessing justice.
Access to Justice for Victims of Domestic Violence in Sweden
Contextual Account
Access to justice is a fundamental principle that ensures individuals have the opportunity to seek legal recourse and obtain fair treatment within the legal system. It encompasses various aspects, including the right to a fair trial, legal representation, and protection of human rights. Globally, the most significant provision for ensuring access to justice is Article 14 of the United Nations Convention on Civil and Political Rights (CCPR) (UN, 1966). In the European context, the primary provision for access to justice is Article 6 of the European Convention on Human Rights (COE, 1950), and the Council of Europe (COE) plays a pivotal role in promoting this convention. Since all member states of the COE have ratified both the UN Convention on Civil and Political Rights and the European Convention on Human Rights, Sweden is legally bound to uphold and enforce both Article 14 of the UN Convention on Civil and Political Rights and Article 6 of the European Convention on Human Rights. The European Union has implemented a comprehensive legal framework aimed at protecting individuals who have fallen victim to criminal acts. Directive 2012/29/EU has established a set of fundamental principles to guarantee that victims of crime are granted their entitlements, assistance, and safeguarding. The recognition and dignified treatment of victims of crime are emphasized (COE, 2012).
Measures have been put in place to protect victims from secondary victimization, intimidation by the perpetrator, and the potential for further harm when engaging in legal proceedings. Furthermore, victims are provided with support throughout the entirety of the legal process and are granted access to justice. Additionally, they are afforded adequate opportunities to seek financial compensation. The utilization of regional and minority languages is advised, and it has become imperative for states to guarantee that variations in dialect do not impede individuals from effectively communicating their thoughts and concerns in the regional or minority language during legal proceedings. The European Union Directive of 2012, which sets forth fundamental criteria regarding the rights, assistance, and safeguarding of crime victims, acknowledges that the administration of justice can only be truly effective if victims are able to adequately elucidate the circumstances of the crime and provide their testimony in a manner that can be comprehended by the competent authorities. Consequently, it proposes the provision of a complimentary translation service when deemed necessary (ibid.).
In the European legal framework, the notion of access to justice was previously confined to the availability of legal recourse and the ability to approach courts. However, this perspective has undergone a transformation. The concept of access to justice, as perceived by the UNDP and OECD, now encompasses all phases of the justice process. This encompasses the initial recognition of an individual's grievance and culminates in the utilization of a tangible procedural remedy that upholds fundamental rights. Given this background, the present study adopts the UNDP (2013) and OECD (2021) definitions as the framework for access to justice. These definitions intersect with various factors that particularly impact marginalized segments of society.
The prevalence of the Nordic model in Sweden, distinguished by its inclusive welfare state and strong commitment to social equality, underscores its influence on marginalized populations, particularly immigrant women seeking justice, especially in relation to experiences of domestic violence. The Nordic model of justice access is also recognized by its allocation of a larger budget to the judicial systems compared to the European average, especially in areas such as courts, prosecution services, and legal assistance (Barlow, 2022). However, access to justice pertains to individuals’ and businesses’ ability to seek and attain resolutions to legal matters through a variety of legal and court services. This viewpoint encompasses two approaches: the top-down angle, which assesses the effectiveness of legal institutions in delivering accessible justice, and the bottom-up perspective, which explores individuals’ interactions with the system to attain justice and utilize the resources at their disposal to achieve this objective.
Reports published by the European Union Agency for Fundamental Rights (FRA) provide insights into the challenges encountered by minority populations and immigrants in their pursuit of justice. According to one report (FRA, 2021), approximately 22% of individuals belonging to minority groups reported experiencing criminal offenses at least once within 12 months. Numerous studies consistently highlight that undocumented immigrants, asylum-seekers, and refugees face higher levels of victimization throughout their journeys and in host countries where they seek asylum (Hourani et al., 2022; Gerard and Pickering, 2014). Victim's decisions to pursue legal actions are contingent on their expectations of the outcomes. If the justice system fails to fulfill its duty of dispensing justice, victims may question the rationale behind seeking its intervention. In fact, some professionals who aid victims of violent acts occasionally advise against reporting such incidents to the authorities due to procedural complexities and the unpredictable outcome of such actions (Reina et al., 2014; Burman, 2012).
An integral facet to consider in the discourse on access to justice for victims in the criminal justice system is the concept of the “justice pathways,” which encompasses the entire process from the initial crime reporting to the eventual conviction of the offender. A report by the European Commission against Racism and Intolerance (ECRI) (COE, 2018) reveals the challenges faced by the immigrant communities in Sweden within the criminal justice pathways, particularly regarding the quality of support provided. Asylum seekers and other immigrants often encounter various challenges, including limited access to legal assistance, insufficient documentation, and difficulties in establishing themselves as victims. Moreover, the legal assessments used in determining their cases may contain inaccuracies.
The Swedish legal aid system comprises various complementary systems that accommodate access to different legal areas and needs. These systems encompass Legal cover (Rättsskyddet), Legal aid (Rättshjälpen), Public defender (Offentlig försvarare), Public assistance (Offentligt bitrade), Plaintiff's counsel (Målsägandebiträde), and Compensation guarantee for property division executor (Ersättningsgaranti för bodelningsförrättare) (Kilander, 2016). A key feature of these systems is that while legal representatives and assistants operate within the private sector, individuals have the option to access public or collective assistance in order to engage lawyers in specific circumstances. In practice, the appointment of public defenders, for example, often follows standardized procedures that enable the public sector to effectively undertake the role of contracting and employing a series of lawyers appointed by the court (Hammerslev and Rønning, 2018).
In the context of gender-based violence, the study conducted by Oliveira et al. (2018, as cited in Tan and Kuschminder, 2022) reveals a disturbing prevalence of gender-based violence (GBV) among migrants in seven EU countries. The study reports that some 50% of residents experienced at least one incident of GBV in the year preceding their interviews. In Sweden, the introduction of the offense of gross violation of privacy in 1998, alongside comprehensive reforms in sexual crime legislation, aimed to enhance legal protections for victims of domestic violence and sexual violence, providing them with additional criminal justice pathways to seek redress. Additionally, the introduction of general prosecution for assault in private settings in 1982 (Hearn et al., 2016) is widely recognized as a significant milestone in addressing men's violence against women. Furthermore, the introduction of the plaintiff's (Målsägandebiträde) since 1988 (BRÅ, 2019a) is often highlighted as a significant development in support of victimized women in court proceedings. Both of these legislative amendments, particularly the latter, serve as pathways for the victim to access justice. The challenge posed by the new framework of laws in the field of domestic violence after amendments lies in the ability of a legal framework primarily designed to address individual criminal incidents to effectively address a crime that centers around cumulative and multifaceted processes. The issue becomes more evident in the context of domestic violence cases, which can further complicate legal proceedings within the criminal justice system, especially for immigrant women (Stoever, 2019; Burman, 2012; Wikström, 2012) due to factors such as maintaining a relationship with the perpetrator or fear of further victimization.
Justice Management from Below: A Methodological Account
The importance of access to justice as an intrinsic human right underscores the need for a rigorous empirical approach to contribute to a thorough understanding of the topic. This necessitates an understanding of the levels of satisfaction of individuals in their interaction with the justice system and their competence in effectively managing their legal matters (Genn and Beinart, 1999). Acknowledging the central role played by these individuals in shaping justice systems across societies, this study employs the “justice management from below” framework (OECD, 2021; Genn and Beinart, 1999) as an analytical tool.
The term “justice management from below” refers to an integrative measurement framework capable of incorporating both qualitative and quantitative indicators and reflecting the various modalities of client-centered self-administration within the justice system (OECD, 2021; Gramatikov, 2010). These indicators include familiarity with rights in the host country, comprehension of legal institutions and procedures, legal literacy, financial considerations, access to legal assistance, cultural context, and the overall effectiveness of the legal process. While traditional justice management predominantly concerns the administration and governance of judicial institutions by legal professionals like lawyers, judges, and court personnel, the concept of “justice management from below” is distinctly focused on how ordinary individuals lacking specialized legal knowledge or expertise handle legal issues. Hence, the “justice management from below” encompasses the ability of individuals or community members to actively participate in the administration of justice. The present study advances a user capacity-oriented framework for assessing the extent of access to justice. Within this framework, a measurement model centered on “justice management from below” encompasses key dimensions, including legal awareness, public perceptions, and experiences regarding pathways to justice as a continuum, and the capacity to initiate legal action, considering the cost and quality of access to justice.
As outlined by UNDP (2013), assessments of access to justice typically employ a combination of quantitative and qualitative methods for data collection and analysis. The present study primarily utilizes a qualitative methodology to investigate the experiences of Iranian immigrant women within the Swedish justice system. While a quantitative approach is valuable for studying large populations, qualitative methods, such as in-depth interviews, provide researchers with the opportunity to explore narratives, interactions, and the underlying reasons for individuals’ behaviors within society more comprehensively, particularly in relation to institutions like the justice system. By employing qualitative methodologies strategically, this study was able to uncover the perspectives of victimized migrant women and their interactions with the Swedish judicial system—insights that would not be attainable through quantitative methods alone. Data collection was conducted between 2021 and 2023, utilizing an online questionnaire followed by in-depth interviews with fifteen selected Iranian immigrant women.
The demographic profile of the informants is as follows: six held Swedish citizenship, three possessed permanent residency status, and six had temporary residency status. Concerning age distribution, nine participants fell within the 36–45 age range, five were between 46 and 55 years old, and one informant was above 56. Regarding relationship status, nine participants were in committed relationships, two were divorced, and four were single. In terms of educational qualifications, three participants held high school diplomas, while ten participants had either a bachelor's or master's degree. Additionally, two participants held a doctorate degree.
Among the informants, five were employed in the public sector, two were unemployed, four were self-employed, one was retired, and three were students. Ten women among the informants reported incidents of violence to the police through formal complaints. Out of these, four women proceeded through subsequent legal stages following their initial police reports, and ultimately, only one received a verdict from the court judge regarding her case.
Field research in Sweden, particularly interviews, presents significant challenges due to a prevalent reluctance among individuals to disclose personal experiences, further complicated by an implicit “code of silence” that hinders data collection and poses substantial barriers for social science researchers seeking to obtain rich, qualitative insights. In this study, participants were selected through purposive and snowball sampling methods, spanning various regions in Sweden, to ensure a diverse representation of experiences within the Iranian immigrant community. The interviews aimed to capture in-depth, personal insights into the challenges these women face, their perceptions of the justice system, and how they navigate it. While the study prioritizes amplifying these voices for a bottom-up perspective on access to justice, several limitations should be acknowledged. The small, relatively homogenous sample of 15 participants, combined with the significant cultural, ethnic, and religious diversity within the Iranian community, means that the findings are specific to this group and may not fully reflect the broader experiences of Iranian immigrant women, nor those of women from other cultural backgrounds. Moreover, the sensitive nature of domestic violence and the “code of silence” may have led to underreporting or biased responses. Despite these limitations, the study offers valuable insights into the intersectionality of immigration, gender, and justice, providing a nuanced understanding of how these women engage with and navigate the complexities of the Swedish legal system.
The study adheres strictly to the ethical regulations set forth by the Swedish Ethical Review Authority (Etikprövningsmyndigheten) and the Swedish Research Council (Vetenskapsrådet, 2017), with full informed consent obtained from all participants.
Findings and Discussions
The findings resulting from the data analysis reveal a two-fold categorization referred to here as “action-based barriers” and “process-based barriers.” Action-based barriers encompass impediments that surface prior to the reporting of domestic violence incidents to the police authorities. These multifaceted barriers hinder immigrant women from initiating action against domestic violence and addressing it at its inception. In contrast, process-based barriers relate to challenges associated with the Swedish justice system and manifest following a victimized woman's interaction with law enforcement authorities.
Action-Based Barriers
Lack of Legal Awareness and the Effect of Exit's Context
A larger proportion of the informants express a significant degree of unfamiliarity with how authorities function in Sweden. This includes not knowing whom to approach or how to interact with law enforcement agencies, social services, or legal institutions. Consequently, this lack of awareness often leads to ignore seeking help or reporting incidents of domestic violence.
Adapting to a new country for immigrant women entails not only understanding its legal system but also navigating its sociocultural nuances and geographical layout. Informants frequently highlight how their unfamiliarity with Sweden's societal norms and geography presented additional obstacles in seeking assistance. Several studies (Hulley et al., 2023; Hamedanian, 2022b; Reina et al., 2014) suggest that a significant proportion (65%) of immigrant women hesitate to seek help when needed due to their lack of familiarity with the environment or cultural beliefs that discourage help-seeking. Alarmingly, only half of the immigrant women who reported needing assistance with domestic violence services actually sought help from such services. This suggests that nearly half of immigrant women requiring support for domestic violence do not receive the necessary assistance, potentially subjecting them to continued suffering from the adverse consequences of violence (Hulley et al., 2023). In the words of an informant (36 years old), It was tough trying to navigate the support system here [in Sweden]. I just felt out of place and was afraid of looking like a complete beginner or getting rejected. And, man, language was a major roadblock for me. When I first moved to Sweden, I trusted my ex way too much. I didn't really educate myself about the options available to me, and I regretted not seeking help sooner.
Immigrants assess their present experiences by contextualizing them with their home countries and appraising their current situation in comparison to what they left behind. Frequently, female immigrants from countries where incidents of domestic violence are frequently unreported due to the absence of legal safeguards or cultural norms, discouraging women from reporting such violence. Scarce of support systems for women facing such circumstances at home, leading them to initially assume that a similar dearth of resources prevails in their destination countries. An informant (37) remembers approaching the Iranian police in a domestic violence case as: Reaching out to the Iranian law enforcement authorities? Well, it's usually a bit of a letdown. They might not be the best folks to get advice from. Sometimes, they'll throw irrelevant suggestions your way, and, believe it or not, they might even point fingers at the wife, asking about things she did that might have ticked off her husband.
Isolation and Integration
The challenges confronted by immigrant women enduring domestic violence are also intensified by the barrier of social isolation, which restricts their avenues for seeking justice. These women grapple with a distinct set of challenges stemming from their hybrid cultural identity and lifestyle. Often relegated to the status of outsiders within their residential milieu, they encounter isolation that intensifies their vulnerability. The resulting conflict between their cultural background and the prevailing social norms leads to additional stressors and adversities (Hamedanian, 2022b). Such conflict highlights the sense of isolation that comes with moving to a foreign country, especially if one is perceived as different from the native population. In such circumstances, domestic violence can greatly intensify the already overwhelming feelings of isolation and social exclusion.
Approximately 90% of this study's participants were employed, a factor indicative of their allegedly non-socially isolated status. However, when queried about the impediments confronted by immigrant women in Sweden in their pursuit of justice, nearly 70% articulate that their perceived social isolation and restricted integration into Swedish society constituted significant barriers to undertaking legal actions against domestic violence. This constraint primarily originated from their perceived deficiency in skills, empowerment, and self-assurance necessary for such endeavors. Drawing on Hamedanian's study (2024), the experiences of many immigrants unfold as a nuanced interplay of loss and isolation. This also extends to include immigrant women who, as victims, are in a vulnerable position. Within this framework, these women frequently grapple with the breakdown of supportive connections, consequently reducing their capacity to cope with adversity and rendering them unprepared to address the subsequent challenges.
The integration of female immigrants into the labor market of the host country is a significant barrier that indirectly affects immigrant women's access to justice (Hamedanian, 2022b). А deeper analysis of the consequences of immigrant women's engagement in gainful employment highlights its potential to enhance their bargaining power and influence over resources. This shows a fundamental aspect of promoting increased individual autonomy and fostering egalitarian dynamics within domestic spheres. An informant (39 years old) shares her experience regarding access to labor market and financial resources after moving to Sweden: When we first moved to Sweden, I didn't have a job, so I was basically living off my husband's paycheck to support me and the kids. That meant I couldn't really stand up to his violent behavior and just had to accept it as my everyday life. But after almost five years here, I finally got a job. Now, I can make decisions on my own in different parts of my life. If I had more money and could afford a lawyer, I think I could've gotten better results dealing with the legal stuff in Sweden.
Insecure Residency and Access to Local Language
The term “insecure immigration status” (Voolma, 2018) lacks official recognition in Sweden; however, it can be interpreted as referring to individuals who possess temporary or undocumented legal status, in contrast to those with permanent residency or citizenship. In Sweden, the provision of justice in cases of domestic violence is not contingent upon a specific immigration status. Even possessing a temporary residence permit is deemed adequate to invoke the municipality's (kommun) obligation to provide protection. However, a significant challenge arises for undocumented immigrants residing in Sweden. Undocumented immigrants are excluded from the welfare system since registration with the Swedish Social Insurance Agency (Försäkringskassan) necessitates a residence permit and personal identification number. Consequently, numerous shelters encounter difficulties in accommodating undocumented immigrants.
The precise count of undocumented immigrants in Sweden remains undisclosed and unverified, as highlighted by Szumski (2023). Undocumented immigrants express concerns about the potential endangerment of their entire family if they attract unwanted attention. Consequently, numerous immigrant women hesitate to leave even highly abusive partners (Briddick, 2020). Immigrant women with insecure residence status are also more vulnerable due to the strong control and abuse by their spouses that enabled them to emigrate from countries in crisis. At the same time, the prospect of dissolving the marital union and returning to their crisis-ridden home countries places a double burden on these women (Crenshaw, 1991b).
As articulated by Briddick (2020), a legal case within the European context spotlights the ordeal of an immigrant woman residing in a European Union country, who due to the absence of legal residency status and enduring precarious conditions in an insecure residence, faces domestic violence from her husband while living with her children. The prolonged exposure to such circumstances has led to persistent helplessness. An informant (44) in the present study remembers her helplessness as: Looking back … when I first came to Sweden, things were tough for me. I was pretty much reliant on my husband for everything. I had no choice but to stay with him, even though things weren't good between us. I felt stuck because of my residency status and taking care of the kids on my own. It was a tough spot to be in, feeling helpless for what felt like forever, like four or five years. But over time, things started to change. I found a job, got some support systems in place, and slowly but surely, I started to feel stronger and more independent. It wasn't easy, but I got there.
Language often poses a significant barrier for many immigrant women who have been victimized, hampering their ability to seek justice. Crenshaw (1991a) notes that some shelters refuse to accommodate women who do not speak the local language due to a lack of bilingual staff and interpreters. The potential limitations and restrictions that interpreters may encounter when attempting to effectively convey information to law enforcement officials, coupled with their potential tendency to show bias towards the perpetrator, can present obstacles for immigrant women who experience violence. The existence of language barriers can further amplify their vulnerability, isolation, and susceptibility to scorn. In such circumstances, the absence of reliable interpretation services can further exacerbate the already traumatic experiences endured by these victims. However, possessing proficiency in the language of the host country or having access to appropriate language support can help alleviate some of these issues (Fioretos et al., 2020). Indeed, for numerous immigrant women, language acts as a barrier to accessing community service providers, effectively communicating their needs, and seeking protection from their abusers within the justice system.
One informant (41) emphasizes that upon her arrival in Sweden, she refrained from addressing her husband's violent behavior due to her lack of proficiency in the Swedish language. Furthermore, approximately 95% of the interviewed women in this study indicate that their limited knowledge of Swedish language represents a significant barrier for seeking justice in cases of domestic violence.
Empirical evidence highlights the higher rate of vulnerability among immigrant women who have fallen to various forms of victimization, especially in cases involving sexual violence, when faced with linguistic barriers in the host country (Foblets et al., 2018). This susceptibility stems from their limited ability to engage effectively with personnel within the justice system. The accessibility of language for immigrant women who have been victimized is deeply intertwined with the cycle of exclusion within the host society and the obstacles they face in seeking remedies for the violence inflicted upon them (Fioretos et al., 2020). Indeed, lack of access to the local language of the host society can intersect with cultural factors, marginalization, and racism, creating strong barriers to accessing justice for immigrant women.
Process-Based Barriers
Silence Mechanism and Challenges of Proving Violence
A substantial proportion of incidents of violence against women remain unreported. According to data from BRÅ (2023b; 2016), nearly 80% of cases occurring within intimate relationships are not officially documented. Additionally, the scale of underreported sexual violence is estimated to range from 88% to 95% (SKR, 2016). BRÅ (2019) has identified several dynamics underlying the silence surrounding the non-reporting of domestic violence to authorities. These dynamics, alone or combined, can act as significant barriers to accessing the justice system. Powerful influences include guilt, shame, fear of harm, and loyalty to the perpetrator.
The dynamics of silence fall into three distinct categories: perceptions related to crime and the justice system, the emotional state of the victim or witness, and the sense of solidarity with the offender. Given the multitude of dynamics rooted in emotion or solidarity with the offender, the task of reducing silence within the justice system may prove to be challenging. However, the findings of the BRÅ's study (2019) reveal that perceptions regarding crime and the justice system are often influenced by the emotional responses of victims or witnesses. This is particularly evident in cases of domestic violence within the cultural context of immigrant women. The findings of the present study suggest that nearly half of the participants express a lack of trust in the Swedish legal system. Instead, they seek psychological counseling or family support.
In 2012, only 4% of individuals who were exposed to criminal offenses within their immediate social circles admitted to reporting the incidents to the police (BRÅ, 2023b). In 2015, the reported incidents of crimes pertaining to severe infringements upon women's rights amounted to fewer than 1900 cases (BRÅ, 2016). Nevertheless, as indicated by BRÅ, merely half of these reported cases culminate in legal proceedings. According to another report by BRÅ (2019), a small proportion of women who experience violence in intimate relationships actually disclose them to the police. The present research findings indicate that approximately 5% of women who have been victimized in intimate relationships have filed a police report. It is noteworthy, however, that the statistical data does not encompass a breakdown based on ethnic origins. The underreporting phenomenon is often associated with the strong bond between the perpetrator and the victim, resulting in a police report being filed only after all alternative avenues for terminating the violence have been exhausted (BRÅ, 2019). Immigrant women who are victimized often encounter a complex interplay of concurrent factors that contribute to their reluctance to speak out, thereby hindering their ability to report incidents and seek assistance and justice (Crenshaw, 1991b).
Securing justice can be particularly challenging when seeking to substantiate claims of violence committed by a perpetrator. This difficulty can create a significant obstacle in accessing justice. The root cause of this challenge may stem from the complexities involved in identifying witnesses and perpetrators. Moreover, criminal law primarily focuses on prosecuting criminal offenses while overlooking social and psychological aspects. The prevalence of violence against immigrant women highlights a critical shortcoming in criminal law, exposing its gender-blind nature and its inability to adequately address issues that disproportionately affect women. (Hamedanian, 2024; Burman, 2012). Instances of abuse can encompass both psychological and sexual violence. Gathering the requisite evidence to pursue criminal charges in such cases proves to be difficult. Findings reveal that these two forms of violence have a profound impact on women and often result in the most severe harm. An informant (44) explains it as: Couldn't prove my spouse's violent behavior in court, and the thought of dragging all this through legal hoops, especially with the emotional toll on me and the kids, just got too heavy. And to top it off, my husband kept harassing me with creepy texts. Sadly, there was even a time he got physical, but without solid proof or anyone backing me up, going the legal route just didn't work out.
Legal Aid Issues and the Effect of Lengthy Processes
The utilization of public legal aid in Sweden primarily pertains to family law court cases, which may not necessarily align with individuals’ actual legal needs (BRÅ, 2014; Hammerslev and Rønning, 2018). In Sweden, the majority of individuals who receive legal aid in court do not seek assistance from the Legal Aid Authority (Rättshjälpsmyndigheten) prior to their court proceedings. Furthermore, individuals have access to complimentary specialized legal aid, often known as “plaintiff's counsel” (Schoultz, 2018). This legal support is notably available to those who have been subjected to sexual offenses or assault.
The majority of informants (85%) in the present study express a lack of sufficient information about legal advice and suggest that having financial resources would help them obtain such guidance. Additionally, the findings indicate that informants do not utilize the opportunity to access legal aid through non-governmental organizations that cater specifically to immigrants. One potential explanation for this could be the limited awareness among victimized immigrant women about the availability of legal assistance before their involvement in legal proceedings. The level of awareness about the host country's legal system seems to directly correlate with immigrant women's ability to navigate it successfully, presenting a substantial challenge for those who have experienced victimization. Most participants in this study reveal a lack of understanding regarding Sweden's legal system and express a desire to hire a lawyer to pursue their cases. Moreover, around 80% of participants cite financial constraints as the primary obstacle preventing them from affording legal representation. Norwegian studies conducted by Muhire et al. (2020) (as cited in Eidesen (1975) and Eskeland and Finne (1973)) underscore the importance of legal aid programs proactively reaching out to marginalized and victimized immigrant women, rather than passively waiting for them to seek assistance from the justice system and subsequently identifying their underlying legal issues.
A significant finding of this study pertains to the dissatisfaction regarding the duration of legal proceedings. Extended periods of criminal investigations, surpassing complainants’ expectations, can have diverse implications on their level of engagement and may hinder their access to justice, particularly for victimized women (Stoever, 2019). One critical scenario in which investigation times significantly impact engagement is in cases involving relationships strained by prolonged investigations. This is evident in parent–child or romantic partnerships, where the complainant has moved forward, leaving the reported incidents in the past. The issue stems from the complainant's perception of the responsibilities and challenges associated with court proceedings, which leads to reluctance in engaging. This reveals at least two distinct forms of frustration experienced by complainants: one arising shortly after the incident due to a limited understanding of legal procedures and the other from excessively lengthy investigation periods. An informant (48) puts it as: One thing that is really irritating about the legal process in Sweden is how slow it moves. Waiting for a response from the authorities can be really frustrating I've filed two complaints with the Swedish authorities about my spouse's violent behavior, one in 2014 and another in 2012. Both times, they started the whole formal legal thing. But I backed out both times. I was just too scared that if I reported my abusive husband, I wouldn't have the support I needed here in Sweden.
Trust in the Justice System Staff and Justice System as a Whole
It can happen that people do not report a crime to the criminal prosecution authorities because they find the legal process too burdensome. This decision may be influenced by concerns about being questioned and abused by the police and other legal actors (BRÅ, 2019b). According to the Sweden Crime Survey (SCS) of 2023, about 42% of the surveyed population in Sweden express a high level of trust in the performance/effectiveness of prosecutors. It is noteworthy that a higher proportion of women (44%) compared to men (41%), show a higher level of trust in public prosecutors (BRÅ, 2023e). The survey does not contain information on the ethnic origin of the participants, and the responses are not broken down by ethnic background. In a similar vein, an informant (39) of the present study recounts her encounter with the police behavior and effectiveness: So, there was this time when I had to go to the police ‘cause my husband was acting all threatening and stuff while I was living alone in my apartment. The cop tried to teach me some self-defense moves, but I was kinda confused and scared. I think there was a bit of a communication issue between us ‘cause of where I come from and the whole situation. Anyway, I ended up filing a complaint about my husband's behavior, and the police were like, “If he's scaring you, give us a heads-up as quick as possible”. So, I ended up filing two more complaints, but honestly, it didn't really change much. Eventually, I just gave up, and after two years, we got officially divorced in Sweden
Immigrant women's prior negative experiences with the treatment received from the police and the justice system may act as a deterrent to seeking justice (Amuedo-Dorantes and Arenas-Arroyo, 2022; Hamedanian, 2022a). These encounters can significantly influence their willingness to pursue justice. Immigrant women who have experienced victimization and trauma in their home countries often encounter negative interactions with the justice system. Analysis of the data reveals that Iranian women deeply distrust the Iranian justice system, perceiving it as patriarchal and misogynistic. An informant (42) shares her view as: I feel like the Iranian legal system is pretty biased against women. There's a major overload of male judges in the whole court setup. My own experience with the Iranian judiciary left me feeling seriously uneasy and exposed.
The findings of the present study reveal a diverse spectrum of attitudes among Iranian immigrant women toward the efficiency of the Swedish justice system in addressing domestic violence. Approximately half of immigrant women express a lack of trust in the system's ability to assist victims effectively, while an equal proportion place complete trust in its capabilities. Only a small proportion of them, specifically 7%, believe that the system is ineffective when it comes to handling domestic offense cases. Around 70% of these women hold a skewed or negative perception of the Iranian justice system, shaped by their personal experiences with legal processes and perceived injustices in their home country. This perception, combined with the challenges they encounter in Sweden, significantly influences their attitudes towards legal institutions. Despite some shared experiences, it is apparent that negative perceptions and a lack of trust among Iranian immigrant women who have experienced domestic violence can often impede their willingness to seek justice.
Conclusions
Access to justice is a fundamental human right that requires a thorough empirical understanding to identify the barriers and factors that affect its accessibility and effectiveness. This study employs the “justice management from below” framework to examine the challenges encountered by immigrant women in accessing justice in domestic violence cases in Sweden. This research underscores the multifaceted obstacles immigrant women face within the Swedish justice system and highlights significant deficiencies in both the action-based and procedural dimensions, which impede the effective provision of support and protection within the justice system. Findings suggest that a significant proportion of these women refrain from pursuing legal action due to language barriers and limited understanding of legal processes. It appears that the lack of language skills isolates the female immigrant victim from society and hinders her ability to seek justice as she has a limited understanding of legal matters.
The intersection of factors specific to each victim's background often results in cases being dropped within the justice system. The negative impact of immigrant women's past experiences shapes their perceptions of the justice system and support services, significantly hindering their access to justice in Sweden. Immigrant women who have experienced violent crime often encounter multiple challenges throughout the legal process, as the obstacles within the proceedings create significant delays and setbacks at each stage, from the initial report to the final sentencing. These obstacles can be substantial, significantly hindering victims in their pursuit of justice. When access to justice is obstructed, secondary victimization may occur, further intensifying the frustration already experienced by the victims.
The women in this study share a common experience: their silence regarding the challenges they have faced. This silence, whether voluntary or imposed, reflects the complexities they encounter when navigating the justice system. Immigrant women who experience violence often choose to remain silent due to fears influenced by cultural norms or the precariousness of their temporary residence status. Additionally, a lack of awareness about available support services further inhibits their access to necessary government assistance. The complex and burdensome process of substantiating intimate partner violence further discourages these women from seeking justice or pursuing effective remedies. Immigrant women who have had traumatic experiences in their country of origin often find that their trust in the justice system and their treatment by judicial personnel and legal authorities are two crucial factors that they associate with their past experiences.
A key feature of the present study is its consideration of victimized immigrant women as independent agents who may or may not engage with the Swedish justice system. The immigrant woman, as a victim in a social context, acts based on the conditions and barriers that either enable or hinder her access to justice. The bottom-up approach highlights the interactions between social and legal forces, revealing the shortcomings that affect marginalized groups, such as immigrant women. In this approach, users perceive the justice system differently from judges, lawyers, and other justice administrators. These perspectives vary for each individual based on their position in relation to the justice system, which can lead to different specific demands.
The use of a bottom-up approach in this study also highlights the intersectional demands of immigrant women who are victims of domestic violence in relation to their access to justice. By providing an in-depth understanding of their needs, the study seeks to inform potential structural changes and the development of tailored support systems that empower immigrant women to pursue justice in domestic violence cases. This research emphasizes the importance of incorporating the perspectives of marginalized immigrant women within the justice system. This approach shifts the focus from top-down, institutional viewpoints to the lived experiences of the victims themselves, offering valuable insights into the barriers they face and how these obstacles can be overcome.
The study advances access to justice theory by highlighting the barriers, such as language obstacles and limited legal knowledge, faced by immigrant women. It expands the theory by demonstrating that access to justice is not solely a matter of procedural fairness; rather, it is shaped by broader societal and personal factors that determine the extent to which the justice system is accessible, depending on an individual's position within society.
Meanwhile, this study emphasizes diversity, cultural sensitivity, and an intersectional approach to enhance the inclusivity of the legal system, transitioning from theory to practice. Sweden's established framework for addressing discrimination and providing support to migrant women who have experienced victimization offers a promising foundation for legal reforms aimed at addressing the intersectional needs of marginalized groups, particularly within the migrant population. Nevertheless, it is crucial to acknowledge that legal reforms, in isolation, are inadequate to ensure comprehensive justice for these communities. There is a significant need for greater awareness and education on accessing justice, as well as for strategies to address domestic violence. Additionally, it is crucial to enhance human rights education, advocacy, and services that are specifically designed to meet the unique and intersecting needs of victimized migrant women. Findings of the current research underscore the essential role of collaborative efforts between policymakers, legal professionals, and community advocates in addressing the multifaceted, intersectional dimensions of domestic violence. Effective collaboration among policymakers, legal practitioners, and community advocates is essential for addressing the complex issues arising from the intersectionality of domestic violence. Such collaboration plays a critical role in strengthening civil society, promoting diverse expertise in program development, raising rights awareness, implementing educational initiatives, providing law enforcement training, and ensuring access to legal aid services.
This research also brings to the forefront the gendered and cultural dimensions in legal theory. It critiques the dominant, often gender-blind, perspectives within legal frameworks, arguing that the legal system should be adapted to consider the unique needs and experiences of women, particularly those from immigrant backgrounds. By acknowledging the cultural norms and gender dynamics that shape their experiences, this study contributes to the development of a more nuanced and inclusive approach to legal reforms, aimed at ensuring justice for all, regardless of gender, culture, or migration status.
Footnotes
Declaration of Conflicting Interests
The authors declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
Funding
The authors received no financial support for the research, authorship, and/or publication of this article.
