Are Human Rights Owed Victims of Crime?

2015 ◽  
Author(s):  
Robyn L Holder
Temida ◽  
2014 ◽  
Vol 17 (1) ◽  
pp. 47-64 ◽  
Author(s):  
Vesna Nikolic-Ristanovic

In this paper the findings of literature review and explorative empirical research of yoga application in the work with victims of various forms of sufferings is presented. The largest notion of victim is accepted, which encompasses victims of crime, victims of human rights violations (including convicted persons), as well as victims of war, natural disasters and other sufferings. After determination of the notion of victim and yoga, the review and analyses of research findings and direct experiences with the application of yoga in victim support and victimisation prevention worldwide and in Serbia, is done. The author?s research findings as well as personal experiences with the application of yoga in the work with prisoners in prison for women in Pozarevac (Serbia), within the workshops that Victimology Society of Serbia implemented during 2012/2013, are presented as well. In the conclusions, contribution of yoga to holistic approach to victim support as well as important role that yoga may have in prevention of victimisation and criminalisation, is stressed. The importance of yoga for support of prisoners as the part of preparation for re-entry and with the aim to prevent recidivism, as well as to enable their more successful reintegration into the society, is particularly emphasised. The paper is based on the research implemented by the author for the purpose of writing the final essey at the course for yoga instructors on International yoga academy, Yoga Allience of Serbia.


2021 ◽  
Vol 3 (4) ◽  
pp. 87-97
Author(s):  
Ruth Shrimpling ◽  
Annelies Blondé

Abstract The emphasis on the prevention of the crime and the protection and assistance to victims of crime in international and European anti-trafficking instruments is a prominent example of the human rights-based approach to human trafficking. However, there is room for further improvement. This article reflects on the needs of trafficking victims in light of theoretical and practical implications of relevant international and European instruments with the aim of defining future action.


2003 ◽  
Vol 67 (2) ◽  
pp. 165-182 ◽  
Author(s):  
Claire de Than

This article argues that victims of crime and vulnerable witnesses already have identifiable human rights stemming from the positive obligations under the European Convention on Human Rights. Since these rights do exist, albeit in partial form, it is suggested that the focus of current reform proposals should be on upholding and extending these rights rather than simply creating guidelines, codes of practice and ombudsmen.


2020 ◽  
Vol 10 (2) ◽  
pp. 51-62
Author(s):  
Ana Paula Guimarães ◽  
Fernanda Rebelo

Following the empirical study on the perception that law school students at the Portucalense University had about the respect for human rights, with regard to the subject of prisoners and the manner in which penalties are enforced, we had the opportunity to inquire in the July 2019 a law class, this time comprising Brazilian students from the most diverse states of Brazil and who went to the Portucalense University in Oporto, Portugal, for the sole purpose of attending the Master of Law course, in the area of specialisation in Political and Legal Sciences. This time the study had the purpose of analysing and studying this class, considering the peculiarity of the sample, with unique characteristics. The surveys were distributed and were answered freely, individually and anonymously by 13 students who were present in a classroom. This is a group of students with a middle age ranging between 30 and 40 years and who already had professional work experience in forensic areas (notaries, judges, lawyers, etc.). We wanted to know to what extent these students were sensitised towards the human rights issues relating to prison sentences, their purposes and ways of execution. We also wanted to verify if the students had in their luggage of knowledge, from the teaching of legal subjects acquired in Brazil, the notions of basic principles regarding to the execution of prison sentences. We concluded that these are students receptive to the principles of human rights related to prisoners and their penalties, unanimously defending the end of preventive penalties, even though only one of them said that he felt safe in his country, besides the remaining 12 demonstrated insecureness and 10 out of those 12 have already been victims of crime in Brazil. On the other hand, we recorded curious outcomes and, sometimes somewhat inconsistent, results that we crossed over so that we can relate them to each other and this can be seen in the rest of the article.   Keywords: Human rights, prison sentences, purposes of the penalties, victims of crime, insecureness.


FIAT JUSTISIA ◽  
2021 ◽  
Vol 15 (1) ◽  
pp. 25-38
Author(s):  
Ahmad Irzal Fardiansyah

The death penalty in Indonesia is still maintained to combat crime within the Indonesian criminal law reform. Although many states have it removed, Indonesia would have the sole discretion to keep it. Despite the opposition, the death penalty application still has a juridical and sociological basis, so it is still legal to be maintained. Indonesia itself has overshadowed the death penalty with a form of legality according to international law so that the position of Indonesia that still maintain the death penalty cannot be blamed. Moreover, sociologically, Indonesian people still accept those who commit an offence who may have profound implications that could lead to the death penalty. This issue is what became the basis for lawmakers in Indonesia to keep it. This research uses the doctrinal method toexamine various regulations regarding capital punishment and non-doctrinal to understand the community's situation related to the existence of capital punishment in Indonesia. The death penalty is a more effective deterrent and therefore prevents crime better. With the death penalty, others were about to commit a similar crime is expected not to commit the crime. The death penalty is more effectively immobilizing offenders. Perpetrators, in principle, still manage to have the desire to commit the crime again after release. The death penalty for perpetrators of crimes is not a violation of human rights, but rather to respect human rights itself, namely for victims of crime. The setting and the application of the death penalty in Indonesia until now is still needed. They are considering that there are still many crimes that undermine humanity's values or the crimes that harm the State and crackdown on corruption in society.


Author(s):  
Musab Omar Al-Hassan Taha, Wesam Mohammad Almeshal Musab Omar Al-Hassan Taha, Wesam Mohammad Almeshal

This paper aimed to identify the role of the Palestinian police in protecting the rights of victims by informing the victims of their rights, and determining the victim's right to protection by the judicial police. The researchers used the descriptive and analytical approach based on legal texts related to the protection of the rights of crime victims. This research paper concluded with a set of results and the important results are protection the human rights is the only way to make the human responsive about his community, and the balance between the individual rights and freedoms, the country right, community interest and it’s security and stability is vital necessity. The evidence of Palestinian police Confirmed the rights of victims in protection, and their right of recognizing their roles and the procedures that must be followed in their issues. At the end the two researchers recommended that police officers, especially judicial officers and the General Investigation Department, should receive adequate training to make them aware of how to deal with victims of crime. And how to define the victim's needs, know the principles of providing appropriate and immediate aid, establish rules for listening to the victim's complaint, deal with it and help her, and the need to notify the victim of interest in his case, and to inform him that his presence at the police headquarters will bring him justice and fairness.


2020 ◽  
Vol 42 (2) ◽  
pp. 115
Author(s):  
Mahfud Mahfud

The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) ensures the protection of victims of crime. Basically, the implementation of this international declaration depends on the domestic law of each state.  Indonesia has promulgated Act No. 13 of 2006 concerning Witness and Victim Protection (Witness and Victim Protection Act) and its Amendment (Act No. 31 of 2014) to give protection of the victim, although not fully adopted the principles contained in the declaration. This article aims to analyze the protection of the victims under the recent Indonesian victim protection Acts and to examine to what extent the Acts in line with the declaration. It is a normative legal research that collects sources from libraries, databases, and archives. This research suggested that Witness and Victim Protection Act has provided the protection to the victim that is limited to victims of a grave violation of human rights, terrorism, trafficking, torture, sexual crime, and serious assaults in the form of compensation (only for a grave violation of human rights and terrorism), restitution and certain assistances under the auspices of the Witness and Victim Protection Agency (LPSK). However, this Act is not yet fully in line with the Declaration, particularly with regard to the right of victims to be present in the criminal justice process to express their views when it comes to their personal interests.


Author(s):  
Patrick Burland

This chapter examines the existing knowledge about human trafficking for cannabis cultivation in the UK, with a specific focus on how Vietnamese nationals are most commonly being exploited for this purpose. It then moves on to its main focus: the criminalisation of those potentially trafficked for cannabis cultivation. Trafficked persons who are exploited for the cultivation of cannabis in the UK are committing criminal offences under the Misuse of Drugs Act 1971. However, if people trafficked to grow cannabis are recognised as having been abused and exploited, and as victims of crime or human rights violations as a result of coercion and abuse, then punishing them should be seen as highly inappropriate. The criminalisation of trafficked persons is also counterproductive for efforts to prevent trafficking and prosecute traffickers.


Temida ◽  
2012 ◽  
Vol 15 (4) ◽  
pp. 105-124
Author(s):  
Jasmina Nikolic ◽  
Mirjana Tripkovic

VDS info and victim support service is a service for crime victims, which was founded in 2003 as a part of the Victimology Society of Serbia. The target group of the Service is comprised of direct and indirect victims of all forms of crime, of both genders and regardless of any personal features. Furthermore, the Service provides support for victims during criminal proceedings, as well as for women who are in prison. In the majority of cases, the support is provided by volunteers, who had been trained to work with victims of crime. The text analyzes the work of the Service in the year 2011. Special attention has been paid to the support the Victimology Society of Serbia has provided to female prisoners in the female prison in Pozarevac. The support to female prisoners has been provided as part of the project Promoting respect for human rights of women in prison - Advocacy for battered women who commit crime. The aim of the paper is to demonstrate the work of the VDS victim support service in the past year with special emphasis on the support given to women in prison and the problems they are facing.


2011 ◽  
Vol 24 (1) ◽  
pp. 44-45

This article is excerpted from the 276-page National Prison Rape Elimination Commission Report published in June 2009. Sexual abuse in correctional environments is a serious concern with dire consequences, especially for victims. Individuals confined in correctional facilities or under supervision in the community must be protected from sexual predators. They do not relinquish their fundamental human rights when they are incarcerated or otherwise constrained. They still have the right to be treated in a manner consistent with basic human dignity, the right to personal safety, and the right to justice if they become victims of crime. This excerpt includes the Commission's nine core findings about sexual abuse in confinement. A discussion of the facts that led to each finding and subsequent standards can be found in the full text of the report.


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