Victims’ rights are human rights: The importance of recognizing victims as persons

Wemmers, Jo-Anne

doi:10.2298/tem1202071w

Cited by 14 publications

(5 citation statements)

References 8 publications

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“…Goodey 2005, 127;APAV 2016). Within a human rights framework, some scholars have then argued for extending the rights of victim-survivors within the criminal justice process in order to better meet their needs and counteract their experiences of secondary victimisation (Wemmers 2012;Wolhuter et al 2009).…”

Section: Introductionmentioning

confidence: 99%

‘A Witness in My Own Case’: Victim–Survivors’ Views on the Criminal Justice Process in Iceland

Antonsdóttir

2018

Fem Leg Stud

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Arguments in favour of strengthening the rights of victim-survivors in the criminal justice process have largely been made within the framework of a human rights perspective and with a view to meeting their procedural needs and minimising their experiences of secondary victimisation. In this article, however, I ask whether the prevalent legal arrangement, whereby victim-survivors are assigned the legal status of witnesses in criminal cases, with limited if any rights, is a just arrangement. In order to answer this question, the article draws on interviews with 35 victim-survivors of sexual violence in Iceland. The interviews are presented against the backdrop of Nordic legal thinking and are interpreted in the context of Nancy Fraser's democratic theory of justice. On the basis of the findings, I argue that assigning complainants the role of witnesses constitutes a case of misframing that results in misrecognition throughout the criminal justice process.

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Section: Introductionmentioning

confidence: 99%

‘A Witness in My Own Case’: Victim–Survivors’ Views on the Criminal Justice Process in Iceland

Antonsdóttir

2018

Fem Leg Stud

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“…The response of the police in case of reported violence should be aimed at protecting the victims with full respect for their rights. This concept of the rights of victims is based on the obligations assumed by the state according to international documents that regulate the relationship of state authorities based on the obligation "due opportunities" ("due diligence") towards victims of domestic violence (Ignjatović, 2009;Wemmers, 2012). Accordingly, the effectiveness of the implementation of the strategy of police work in the community is measured and evaluated based on the perception of direct or indirect victims, which concerns the approach and results of the police engagement in situations of domestic violence, their preventive work in relation to recurrences of this phenomenon, including the degree of the victims' trust for the police (Apsler, 2003).…”

Section: Community Policing and Domestic Violence: Local Solutions An...mentioning

confidence: 99%

The concept of community policing and domestic violence: Problems and solutions

Spasić,

Stanarević

2023

Bezbednost, Beograd

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This paper problematizes relationships within the so-called "triangle": citizens' needs, domestic violence, model of police work in the community. Research practice based on foreign experiences, empirical findings, and theoretical concepts specifically analyzes the scope and limitations of police work in responding to domestic violence. The approach is directed towards the "victim concept", in accordance with the most significant international and domestic legal solutions in the field of combating gender-based violence. In Serbia, after the adoption of the Law on the Prevention of Domestic Violence, and according to the reports on the results of its implementation in the period from 2017 to 2022, it is necessary to harmonize judicial practice and procedures, as well as to harmonize the positions of the courts in defining the criminal policy in relation to this social phenomenon. According to the recommendations of international institutions, it is necessary to intensify activities on research and monitoring of domestic violence in Serbia. Data collection is still carried out partially and sporadically, without a clear strategy, systematic and unique approach.

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“…As individuals with dignity, victims have the right to recognition as persons before the law. 111 International trends are increasingly reflected in domestic case law. In the English case of R(TB) v. Stafford Combined Court, Lord Justice May argued that 'procedural fairness is something mandated not merely by Article 6, but also by Article 8'.…”

Section: Slr: a Benchmark Of Best Practice?mentioning

confidence: 99%

Independent separate legal representation for rape complainants in adversarial systems: lessons from Northern Ireland

Iliadis

Smith

Doak

2021

Journal of Law and Society

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In March 2018, Northern Ireland was divided by the acquittal of four men for rape, attempted rape, exposure, and perverting the court of justice in what became known as the ‘Belfast Rugby Rape Trial’. The case resulted in considerable debate about the ill‐treatment of rape complainants and prompted the Gillen Review into the Laws and Procedures in Serious Sexual Offences. Gillen proposed the introduction of separate legal representation (SLR) to safeguard complainants’ sexual history and medical records pre‐trial. Since the Review was published, however, scepticism about the applicability of complainant SLR within an adversarial context remains. We examine the arguments for and against SLR in adversarial systems and propose a ‘Gillen‐plus’ framework for SLR that would not interfere with the accused's rights or public interest and could provide the basis for reform across other adversarial jurisdictions. We question whether Northern Ireland's unique socio‐political context strengthens or weakens the justifications for introducing SLR.

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Victims’ rights are human rights: The importance of recognizing victims as persons

Cited by 14 publications

References 8 publications

‘A Witness in My Own Case’: Victim–Survivors’ Views on the Criminal Justice Process in Iceland

‘A Witness in My Own Case’: Victim–Survivors’ Views on the Criminal Justice Process in Iceland

The concept of community policing and domestic violence: Problems and solutions

Independent separate legal representation for rape complainants in adversarial systems: lessons from Northern Ireland

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