Victimology and Victim Rights

Victimology and Victim Rights

International comparative perspectives

Taylor & Francis Ltd

05/2018

254

Mole

Inglês

9781138606395

15 a 20 dias

Descrição não disponível.
Table of Contents 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 Contexts * 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 *