Victims rights are human rights

Author(s)Garkawe, Sam
Title Victims rights are human rights
Source 20th anniversary celebration of the 1985 UN Victims Declaration, Canberra 16 November 2005.
Date 2005
Document type Conference paper
Summary This paper presents eight arguments that support the premise that victims' rights are in fact human rights. For example, one of these arguments is that victims are a disadvantaged group in the community and should be entitled to human rights protection. Through the acceptance that victims' rights are human rights crime victims and their advocates are able to approach courts, tribunals and other administrative agencies, with claims for rights found in international instruments and national legislation. In addition to the arguments in support of victims' rights being human rights the author presents two counter arguments that he successfully refutes. The first counter argument is that the concept of victims' rights is misconceived and a better way to support victims is to concentrate on ensuring that their needs are met. The second counter argument discussed is that victims' rights clash with the rights of the accused. The author emphasises the need to move away from a welfare approach, which is based on meeting victims' needs, towards a rights based approach.
Keywords Victims rights; human rights; advocacy
Topic Victims rights