International and UN context: Overview of existing Law & Policy

ByJan Van Dijk

UN ODCCP

International perspective on Crime Victims Treatment

United Nations instrumentsOther International instruments

United Nations Policy for confronting domestic violence

Respect for the rights of victims and perpetratorsOfficial reporting systemsGathering data at a national levelRespect for cultural differencesSpecialized community-based researchResearch on domestic violence

United Nations Policy for confronting domestic violence

Research by institutionsResearch prioritiesPilot projectsCross-cultural researchEvaluation of existing projectsSharing informationNational strategiesTechnical and financial assistance offered by the United Nations

Measures to eliminate violence against women

Crime Prevention StrategiesTo develop and implement public awareness and public education and school programmes that prevent violence against womenTo develop multidisciplinary and gender-sensitive approachesTo set up outreach programmes for offenders or persons identified as potential offenders in order to promote the peaceful resolution of conflicts, the management and control of anger and attitude modification about gender roles and relations

Measures to eliminate violence against women

Crime Prevention StrategiesTo develop and disseminate information on the different forms of violence against women To support initiatives of organizations seeking women’s equality and non-governmental organizations to raise the public awareness of the issue of violence against women and to contribute to its eliminationTo set up outreach programmes and offer information to women, including victims of violence, about gender roles, the human rights of women

Measures to eliminate violence against women

Criminal Justice StrategiesTo review, evaluate and revise their laws, codes and procedures, to ensure:

their value and effectiveness in eliminating violence against women,

that all acts of violence against women are prohibitedthe police have adequate powers to enter premises and conduct arrests in cases of violence against women

Measures to eliminate violence against women

Criminal Justice StrategiesTo review, evaluate and revise their laws, codes and procedures, to ensure:

women subjected to violence have an opportunity to testify in court proceedings equal to that of other witnessesrules and principles of defense do not discriminate against womenmeasures can be taken when necessary to ensure the safety of victims and their families

Assistance to and Protection of Victims

Palermo Convention of 2000Article 25Protocol on Trafficking in Human BeingsProtocol on Migrants Smugling

Article 25 of the Palermo Convention

Each State party shall:take appropriate measures to provide assistance and protection to victims of offences covered by the Conv., in particular in cases of threat of retaliation or intimidationestablish appropriate procedures in provide access to compensation and restitution for victims

Protection of Victims of trafficking in persons

Each State party shall:

protect the privacy and identity of victims

ensure that its domestic legal or administrative system contains measures that provide to victims

information on relevant court and administrative proceedings

assistance to enable their views and concerns to be presented at stages of criminal proceedings against offenders

Protection of Victims of trafficking in persons

consider implementing measures to provide for the physical, psychological and social recovery of victimstake into account the age, gender and special needs of victimsendeavor to provide for the physical safety of victimsensure to the victims a compensation for damage suffered

Protection and Assistance on cases of Smugling of Migrants

Each State Party shall:take measures to preserve and protect the rights of the victimstake measures to afford migrant protection against violence that may be inflicted upon themafford assistance to migrants whose lives are endangered

Basic Principles of Justice for Victims of Crime & Abuse of Power

United Nations DeclarationUseAplicationImplementation

Violence against Women Diagnosis

Strategic objective D.1. Take integrated measures to prevent and eliminate violence against women. Actions to be taken.Strategic objective D.2. Study the causes and consequences of violence against women and the effectiveness of preventive measures. Actions to be taken.Strategic objective D.3. Eliminate trafficking in women and assist victims of violence due to prostitution and trafficking. Actions to be taken.

Violence against Women follow-un

Why a Convention against the Transnational Organized Crime?

Globalization and new technologies have created vast opportunities for

Legitimate business, and Organized crime: • Groups are more sophisticated and movable• Serious and increasing problems:

– Money laundering, trafficking in human beings and corruption.

Transnational problem: Transnational solution

Open to signature on December 12, 2000

The convention signed by 132 countries with two Protocols:

Against trafficking in human beings, women and children especially. Against smuggling of migrants.

Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime

General elements for the fight against transnational organized

crime

General rules for:ExtraditionMutual Legal AssistanceTransfer of sentenced personsTransfer of criminal proceedingsMaintain database of criminal’s and activities

Collaborating and protected witnesses (and victims)

Measures to:

Encourage witness collaboration• Reduction of punishment or immunity

Effective protection from potential retaliation or intimidation of:

• WITNESSES or relatives

•VICTIMS (compensation)• Physical protection• Prohibition to disclose information concerning

– Identity and whereabouts of such persons– Testimony through video links

Protocol against smuggling of migrants

Criminalization, when it is transnational and committed by organized crime, for:

smuggling of migrantsfalsification of identification documents, possession of false documents in furtherance of smugglingAggrevating circumstances:• Endangering human life and security• Inhuman and degrading treatment

Illicit Trafficking of Migrants by Sea

Member States believeing vessel is used for smugggling can expect assistance:

to determine registry of vesselReceive authorization to board and searchto determine, with permission of registry State, if migrants are onboard and are safeunidentified vessels can be boarded, searched and secured

Protection of Vessel and Passengers

Ensuring safety and humanitarian treatment of smuggled migrantsSecurity of the vessel and its cargoDoes not prejudice commercial interests of the registry State or other interested State Take measures to ensure environmental hazards are minimized

Co-operation

Exchange of informationLegislative experiencesScientific and technological informationDissemination of informationTraining Immigration officials in:

techniques of smuggling prevention and detectionhumanitarian treatment and rights