child abuse chie maekoya1

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INTERVICT International Victimology Institute Tilburg

The Draft UN

Convention on

Justice and Support

for Victims of Crime

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Topics in this presentation

 _{1. Very brief overview of UN Declaration & implementation}

 _{2. - Arguments pro & con UN Convention}

- Content of Draft Convention

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Summary of Declaration

 _{As prof. Sam Garkawe explained this morning, according to}

the Declaration, victims have the right to:

 _{-be treated with respect and recognition}  _{-receive information}

 _{-allow their views to be presented and considered}  _{-proper assistance throughout the legal process}  _{-protection of privacy and physical safety}

 _{-informal dispute resolution (including mediation)}  _{-social assistance}

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Implementation of UN Declaration

 _{1989 GA ‘plan of action’ & Ecosoc resolution 1989/57}

 _{1994 Questionnaire}

 _{1997 Manual of the use and application of the Declaration}

 _{1997 Guide for policy makers}

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Arguments in favour of a UN Convention

- increase visibility of victims’ issues

- ‘hard law’ puts more pressure on governments

- Courts will take it more seriously

- provides a framework for analyses (benchmark)

- ratification process & motivation

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Arguments opposing a Convention

- standstill during negotiations

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First draft and follow up

December 2005

UN Convention on Justice and Support for Victims of Crime and Abuse of Power

- www.tilburguniversity.nl/intervict/undeclaration

- www.worldsocietyofvictimology.org/index.html

February 2008

Conference at TIVI

- improved draft Convention

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Content of the Draft

 _{Preamble and 25 articles, divided into four parts}

 _{Part 1 General considerations (art. 1-4)}  _{Part 2 rights and duties (art. 5-11)}

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1

st

improvement

 Special justice and support for “particularly vulnerable victims” (art. 3)

Inspired by ‘differential victimology’

- age, gender, disability - type of crime

- circumstances of the case - personal characteristics

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2

nd

improvement

 _{Extensive discussion of crime prevention (art. 4, deleted from}

later drafts)

 _{Protection from repeat victimization}

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3

rd

improvement

 _{Access to justice (art. 5):}  _Examples:

 _{- allowing the views and concerns of victims to be presented}

and considered at appropriate stages

-Judicial review of decision not to prosecute a case

(superior to the traditional remedy of private prosecution and alternatives like administrative review withing the

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4

th

improvement

 _Restitution

Declaration:

- offenders should make fair restitution

- consider restitution as sentencing option

Draft Convention:

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5

th

improvement

 _{Right to receive information (art. 7)}

- long list of items

- release of the person prosecuted or sentenced

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6

th

improvement

 _{More sophisticated provisions on ‘assistance’ (art. 8)}

 _{Establish local and regional victim assistance centers}

 _{Facilitate referral of victims by the police}

 _{Distinguish between:}

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7

th

improvement

 _{Restorative justice (art. 9):}

 _{(1) State parties shall endeavor, where appropriate to establish} or enhance systems of restorative justice, that seek to represent victims’ interests as a priority. States shall emphisize the need for acceptance by the offender of his or her responsibility for the offence and the acknowledgement of the adverse consequences of the offence for the victim in the form of a sincere apology.

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Restorative justice continued

 _{The real challenge:}

-maximizing potential benefits while minimizing potential risks

 _Examples:

-full policy of free consent -limits to confidentiality

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8th improvement

 _{Implementation (including cooperation and training)}  _{& monitoring (including periodical review of legislation)}

- Committee of Justice and Support for Victims of Crime and Abuse of Power

- -composition of the Committee (10 experts)

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The next steps

 _{Commission meetings 2006-2011}

 _{Twelfth Congress in 2010 (Salvador, Brazil)}

 _{Seek support from EU?}

 _{& add human rights dimension to criminal justice dimension}

(Vienna & Geneva)

 _{& support initiatives for Conventions dealing with specific}

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Controversial issues

 _{1. Definition of ‘victim’ (of ‘abuse of power’)}  _{2. Art. 4 on crime prevention}

 _{3. Art. 5.2(e) to appeal a prosecutorial decision}  _{4. Specific provision for police behavior}

 _{5. Separate section of definitions (e.g. reparation, restitution,}

restorative justice)

 _{6. Cross-border victimisation}