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Victimology and Victim Rights: International Comparative Perspectives

Victimology and Victim Rights: International Comparative Perspectives

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781472461834
  • 出版时间 October 2016
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states. The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context. Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor (Timor Leste), and the Internationalised Panels in Kosovo. The instruments of the European Parliament and Council of Europe, with the rulings of the European Court of Justice, and the European Court of Human Rights, interpreting the European Convention of Human Rights, are examined. These instruments are further contextualised on the local, domestic level of the inquisitorial systems of Germany and France, and mixed systems of Sweden, Austria and the Netherlands, together with common law systems including, England and Wales, Ireland, Scotland, USA, Australia, Canada, New Zealand, India, South Africa, and the hybrid systems of Japan and Brazil. This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.

  • List of Abbreviations
    List of International Instruments
    List of Statutes
    List of Cases
    List of Tables
    Preface
    Part I - Victimology and Victim Rights in Comparative Context
    Chapter One: Victim Issues in International Law and Context
    Introduction
    A Multi-Jurisdictional Approach
    Law and Policy/Law or Policy
    Victimology and Victim Rights
    The Rise of Victimology and the Development of Human Rights
    Positivist Victimology and the Present: The Victim’s Voice, Struggles with Local Suffering and the Positivist Agenda
    Normative Stakeholders of Law and Justice
    The Continental European Approach
    Ratification on the Domestic Level: Law, Policy and the Victim
    Reshaping the Roles of Justice Stakeholders
    International, Regional and Domestic Reform: Law and Policy
    Notes
    Chapter Two: International Norms in Victimology and Victim Rights
    Introduction
    International Norms of Victim Rights
    Fair, Courteous and Respectful Treatment
    Information and to be Kept Informed
    Relevant Support Services
    Protection from the Accused and Others
    Participatory, Procedural and Substantive Rights
    Fair Trial Rights
    Access to Compensation, Restitution and Reparations
    Restorative Intervention and Therapeutic Justice
    Domestic Ratification
    Without Prejudice to the Offender
    Normative Victim Rights in Context: Positive State Obligations and Fair Trial Rights in International Law and Policy
    Realising the Centrality of the Victim: Positive Obligations to Protect Victim Rights
    Fair Trial Rights in Context: Equality of Arms in International Law
    Notes
    Chapter Three: Comparative Issues and Perspectives
    Introduction
    Inculcating International Standards in Law and Policy
    Ratification of International Declarations and Instruments
    Policy Transfer of International Standards
    Dismantling Adversarial/Inquisitorial Boundaries
    Hybrid Systems: Criminal Law, Criminal Justice and Mixed Systems of Administration
    Law Reform Processes
    Commissions of Inquiry
    Emerging International Reforms in Law and Policy
    Trial Participation and the Right to be Consulted
    Counsel for Victims of Crime
    Substantive and Enforceable Rights for Victims of Crime
    Restorative Justice
    Therapeutic Justice
    A Focus on Reparations
    Compensation and Restitution
    Notes
    Part II - The Victim in Internationalised Systems of Criminal Justice
    Chapter Four: Victims in International Law and Policy
    Introduction
    Supra-National Bodies
    United Nations Declarations
    Treaty Monitoring Bodies
    International Courts and Tribunals
    Ad hoc Tribunals: The Nuremberg and Tokyo Tribunals, the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Tribunal for Rwanda
    The International Criminal Court
    Domestic Courts Under International Law
    Extraordinary Chambers of the Courts of Cambodia
    Special Panels of East Timor (Timor Leste)
    Internationalised Panels in Kosovo
    Notes
    Chapter Five: Victims in Regional Law and Policy
    Introduction
    Council of Europe, the European Commission and the European Union
    The European Court of Justice
    The European Court of Human Rights
    The European Union and Victim Rights in Focus
    Notes
    Chapter Six: Victims in Domestic Law and Policy
    Introduction
    Inquisitorial Systems
    Germany
    France
    Mixed Inquisitorial/Adversarial Systems
    Sweden
    The Netherlands
    Austria
    Adversarial Systems
    England and Wales
    Scotland
    Ireland
    United Sates of America
    Australia
    Canada
    New Zealand
    India
    South Africa
    Mixed and Hybrid Systems
    Japan
    Brazil
    Notes
    Part III – Victims in Law and Policy: Discord and Debate
    Chapter Seven: Victim Rights in Law and Policy
    Introduction
    International and Regional Instruments and the Domestic Reform Process
    Hard Law/Soft Law in Domestic Contexts
    The Limits of Public Policy
    Victim Rights and the Reluctance of Normative Stakeholders
    Notes
    Chapter Eight: Victim Rights in the Twenty-First Century: Intervention and Innovation
    Introduction
    The Promise of Victimology Realised?
    References

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