Costly silence: state neglect to mental health of internally displaced children surviving sexual violence in eastern D.R. Congo. A socio-legal analysis

Abstract

In early 2025, the ongoing conflict in eastern Democratic Republic of the Congo escalated, resulting in mass displacement and an increase in grave violations, including sexual violence, against children. Sexual violence is the highest predictor of negative mental health in eastern DRC, with intergenerational consequences if left untreated. Through a socio-legal analysis, this study seeks to answer whether state interventions are sufficient to meet the needs of internally displaced children who are survivors of sexual violence. Using a Human Rights-Based Approach, it explores the extent to which the state is implementing its obligations under International Human Rights Law to protect the right to mental health of these children. In analysing relevant articles under the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, the African Charter on the Rights and Welfare of the Child, the Kampala Convention and Maputo Protocol, it provides a legal framework against which the state’s response can be measured. A further examination of the implementation of state policies, informed by the Capability Approach, reveals an insufficient response, amounting to state neglect. Whilst humanitarian actors are working to address this gap, several barriers hinder their response. Thus, this study provides actionable recommendations to the state on legislative gaps and how to address barriers in policy implementation, as well as to humanitarian actors on ways to better support state interventions. KEY WORDS Democratic Republic of the Congo (DRC), eastern DRC, internally displaced children, sexual violence, mental health, Human Rights-Based Approach, Capability Approach