and the human rights of victims Victim Support Annual Conference

Similar documents
Fit for purpose? Older people s rights and the existing international framework

30 Basic Human Rights List Universal Declaration of Human Rights

UNIVERSAL DECLARATION OF HUMAN RIGHTS

It now has over 200 countries in the General Assembly which is like a world parliament.

SUMMARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

HUMAN RIGHTS. The Universal Declaration

DUE DILIGENCE PRINCIPLE

CONCEPT NOTE: Thematic briefing: Protecting women from violence through the UN Convention Against Torture

COMMISSION OF THE EUROPEAN COMMUNITIES. Proposal for a COUNCIL FRAMEWORK DECISION

Widely Recognised Human Rights and Freedoms

An Overview of the UK s Obligations. Sarah St Vincent The AIRE Centre

Overview of Human Rights & Henkel s Framework for Responsible Business Practices

Chapter 15 Protection and redress for victims of crime and human rights violations

EUROPEAN WOMEN S LOBBY FIRST CONTRIBUTION TO THE ADVISORY COMMITTEE ON EQUAL OPPORTUNITIES FOR WOMEN AND MEN

UNIVERSAL DECLARATION OF HUMAN RIGHTS

Resolution adopted by the Human Rights Council on 22 June 2017

UNIVERSAL DECLARATION OF HUMAN RIGHTS

What Are Human Rights?

CHAPTER 2 BILL OF RIGHTS

Universal Declaration of Human Rights

SOUTH AFRICAN BILL OF RIGHTS CHAPTER 2 OF CONSTITUTION OF RSA NO SOUTH AFRICAN BILL OF RIGHTS

The Fundamentals of Human Rights: A Universal Declaration.

The Universal Declaration of Human Rights

International Covenant on Civil and Political Rights 1 Adopted 16 December 1966 Entered into force 23 March 1976

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/68/456/Add.2)]

E5 Human Rights Policy. Kelda s Human Rights policy applies to every Kelda employee and is based on the following key principles:

Submission to the UN Committee against Torture. List of Issues Prior to Reporting for Somalia

@The Human Rights of Women in the United Nations: Developments

DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

The Human Rights Tribunal. Office hours: 9 A.M- 8:30 P.M. Monday Friday. PROCLAMATION

INTERNATIONAL FEDERATION OF HEALTH AND HUMAN RIGHTS ORGANISATIONS. Training Session Plan. Stepping into Human Rights An introductory board game

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA ACT NO 108 OF 1996

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/69/488/Add.2 and Corr.1)]

The Rights of Non-Citizens

Human Rights A Compilation of International Instruments

Human and Labor Rights Declaration

General information on the national human rights situation, including new measures and developments relating to the implementation of the Covenant

Invest NI Section 75 Screening

A HUMAN RIGHTS-BASED GLOBAL COMPACT FOR SAFE, ORDERLY AND REGULAR MIGRATION

Teacher Materials for the Universal Declaration of Human Rights

Convention on the Elimination of All Forms of Discrimination against Women

CHAPTER 383 HONG KONG BILL OF RIGHTS PART I PRELIMINARY

Simplified Version of the Declaration of Rights:

Universal Declaration of Human Rights Resolution 217 A (III) Preamble

PREAMBLE The UN UNIVERSAL DECLARATION OF HUMAN RIGHTS

Castan Centre for Human Rights Law Monash University Melbourne

Goal 5 Achieve gender equality and empower all women and girls

REGULATORY IMPACT ANALYSIS

Concluding observations on the third periodic report of Paraguay, adopted by the Committee at its 107th session (11 28 March 2013)

Médecins du Monde Greek Delegation

BASIC DOCUMENTS ON HUMAN RIGHTS

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

A/HRC/32/L.5/Rev.1. General Assembly. ORAL REVISION 1 July. United Nations

List of issues prior to submission of the sixth periodic report of Peru*

My Bill of Rights. Brief Overview: Youth will write their own Bill of Rights and will compare it to the Universal Declaration of Human Rights.

Argentina, Chile, Ecuador, Guatemala, Indonesia, Mexico, Turkey and Uruguay: revised draft resolution

Government Gazette REPUBLIC OF SOUTH AFRICA

Rights of migrants the Universal Declaration of Human Rights the International Covenant on Economic, Social and Cultural Rights the International Cove

REPORT FORM PROTOCOL OF 2014 TO THE FORCED LABOUR CONVENTION, 1930

Response of the Slovak Republic to Questionnaire on domestic servitude

REFERENCE: UA G/SO 218/2 G/SO 214 (56-23) G/SO 214 (106-10) G/SO 214 (78-15) G/SO 214 (53-24) G/SO 214 (89-15) SAU 2/2012

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

List of issues in relation to the report submitted by Gabon under article 29, paragraph 1, of the Convention*

Refugee Law In Hong Kong

NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS

MONTREAL DECLARATION: People's Right to Safety

The Human Rights Based Approach to Development in HEI ICI projects

DISCUSSION OUTLINE. Global Human Rights

IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251 OF 15 MARCH 2006 ENTITLED HUMAN RIGHTS COUNCIL. Addendum

Human rights an introduction

Opinions adopted by the Working Group on Arbitrary Detention at its seventy-second, April 2015

Universal Declaration

CCPR/C/USA/Q/4. International Covenant on Civil and Political Rights. United Nations

Migrant Rights Centre Ireland

Concluding observations on the second periodic report of Cambodia*

Comments of the EU Fundamental Rights Agency. Employment and Recruitment Agencies Sector Discussion Paper. Introduction

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Human Rights Bill No., A Bill for an Act to respect, protect and promote human rights

The Justiciability of ESCR: Conceptual Issues. Sandra Liebenberg Chair in Human Rights Law Faculty of Law Stellenbosch University

Deborah M. Weissman Reef C. Ivey II Distinguished Professor of Law University of North Carolina School of Law UNC World View November 11, 2015

Immigration, Asylum and Refugee ASYLUM REGULATIONS 2008

Opinions adopted by the Working Group on Arbitrary Detention at its seventy-eighth session, April 2017

The Scope and the Challenges of the Access of Children to Justice in Macedonian Legislation and Practice

Legal Opinion on. the UK legislation. on Human Trafficking

Position Paper on Violence against Women and Girls in the European Union And Persons of Concern to UNHCR

ACKNOWLEDGEMENTS. The Guyana Association of Women Lawyers. (GAWL), in collaboration with the National. Commission on Women has prepared the text of

c. 3

ADVANCE UNEDITED VERSION

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Chapter 8 International legal standards for the protection of persons deprived of their liberty

Concluding observations on the fifth periodic report of Romania*

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

International Labour Organization Instruments

(Legislative acts) DIRECTIVES

VOLKSTAAT COUNCIL THE NATURE AND APPLICATION OF A BILL OF RIGHTS

THE AIRE CENTRE Advice on Individual Rights in Europe

Opinions adopted by the Working Group on Arbitrary Detention at its seventy-fifth session, April 2016

B. The transfer of personal information to states with equivalent protection of fundamental rights

General Recommendations of the Special Rapporteur on torture 1

Gender, Sexuality and IHRL. Oxford Summer 2017

Transcription:

Victims rights and the human rights of victims Victim Support Annual Conference 2014-05-15 Anna Wergens, doctoral candidate, Intervict Tilburg University, Crime Victim Compensation and Support Authority, Sweden 1

Two major questions the significance of human rights to victims of crime the recognition of victims rights as part of human rights law 2

The proliferation of rights Women, children, indigenous people, the disabled, LBGT, older people and now victims? 3

The issue the significance of human rights to victims of non-state crime? 4

The significance of human rights to victims of non-state crime The Why-question The How-question Why is it possible to talk about victims in terms of human rights? How are victims protected by the legal framework, by case law and by means of the rights-concept? 5

Two areas Human rights Victims rights Victims of state-sponsored crime /acts condoned by the state Victims of crime acts committed by individuals against other individuals Protection from crime avoidance of repeat victimisation Protection of secondary victimization 6

A new discourse crime victims as a matter of human rights I States should ensure the effective recognition of and respect for the rights of victims with regard to their human rights. Article 2.1 Principles, the Council of Europe Recommendation (2006) 8 on assistance to victims 7

A new discourse crime victims as a matter of human rights II In order to be able to exercise their fundamental human rights, appropriate assistance and protection should be offered, in connection with criminal proceedings, to persons who fall victim to crime. Council Conclusions on a strategy to ensure fulfilment of the rights of and improve support to persons who fall victim to crime in the European Union, 2009 8

A new discourse crime victims as a matter of human rights III On the report entitled Violence against women: an EU-wide survey; It shows that violence against women, and specifically gender-based violence that disproportionately affects women is an extensive human rights abuse that the EU cannot afford to overlook. Violence against women - an EU wide survey Main results, FRA 2014 9

A new discourse crime victims as a matter of human rights IV Victim Support Europe fulfills an important space in progressing the human rights of victims of crime under national and EU laws. Irish Council for Civil Liberties, Victims Support Europe Manifesto 2014-2019 10

Victims of non-state crime Horizontal relationship, the private sphere Victims of state-sponsored crime Vertical relationship, the public sphere 11

Points of departure The discourse; crime victims as a matter of human rights Poor implementation of victims rights The superior status of human rights law and the binding nature of human rights obligations Repeat victimisation 12

Victims, as members of the community have the human rights of all persons and are entitled to avail themselves of these rights. Proposed General Assembly Resolution on measures for implementation of the Declaration of Basic Principles of Justice for victims and abuse of power, Bassiouni (ed) International protection of victims, 1988 13

Perspectives on Human rights which are the human rights? what are the human rights? 14

Victims in two spheres Victims of human rights Vertical relationship, the public sphere Victims of crime Horizontal relationship, the private sphere 15

The human rights of victims The right to life The right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment. No one shall be held in slavery or servitude Everyone has the right to respect for his private and family life, his home and his correspondence. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him 16

The concept of rights Approach Position Basis Justification Consequence Rights-based Rights-bearer Rights Entitlement Protection and remedies 17

The rights-concept Rights-bearer Duty holder Entitlement Remedy Accountability 18

Private issues as a matter of human rights For the purposes of this Declaration, the term "violence against women" means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life. Declaration on the Elimination of Violence Against Women, 1993 19

Expansion of state responsibility in human rights law An illegal act which violates human rights and which is initially not directly imputable to a State (for example, because it is the act of a private person or because the person responsible has not been identified) can lead to international responsibility of the State, not because of the act itself, but because of the lack of due diligence to prevent the violation or to respond to it as required by the Convention. Velasquez Rodriguez Case, Judgment of July 29, 1988, Inter-Am.Ct.H.R. (Ser. C) No. 4 (1988) 20

The rights-based approach The individual as a rights-bearer. Accountability The naming of human rights violations - remedies A holistic dimension The preventive/remedial nature of human rights 21

Two approaches Approach Position Basis Justification Consequence Rights-based Rights-bearer Rights Entitlement Protection and remedies Welfare Victim Welfare Needs Solidarity/pithy 22

The human rights of victims and victims rights - a fusion Victims rights to support and assistance is becoming part of human rights law A human rights dimension in victim policies A stronger emphasis on protection from crime Fairness, right to remedies and proceedings in reasonable time 23

A rights-based approach to crime victims A change of attitude The victim; from a beneficiary to a rights-bearer Accountability Rights as entitlements - corresponding to duties And possibly? Making victims rights enforceable? 24