International and UN context: Overview of existing Law

1
International and UN context Overview of
existing Law Policy

• By
• Jan Van Dijk
• UN ODCCP

2
International perspective on Crime Victims
Treatment

• United Nations instruments
• Other International instruments

3
United Nations Policy for confronting domestic
violence

• Respect for the rights of victims and
  perpetrators
• Official reporting systems
• Gathering data at a national level
• Respect for cultural differences
• Specialized community-based research
• Research on domestic violence

4
United Nations Policy for confronting domestic
violence

• Research by institutions
• Research priorities
• Pilot projects
• Cross-cultural research
• Evaluation of existing projects
• Sharing information
• National strategies
• Technical and financial assistance offered by the
  United Nations

5
Measures to eliminate violence against women

• Crime Prevention Strategies
• To develop and implement public awareness and
  public education and school programmes that
  prevent violence against women
• To develop multidisciplinary and gender-sensitive
  approaches
• To 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

6
Measures to eliminate violence against women

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

7
Measures to eliminate violence against women

• Criminal Justice Strategies
• To 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
  prohibited
• the police have adequate powers to enter premises
  and conduct arrests in cases of violence against
  women

8
Measures to eliminate violence against women

• Criminal Justice Strategies
• To 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 witnesses
• rules and principles of defense do not
  discriminate against women
• measures can be taken when necessary to ensure
  the safety of victims and their families

9
Assistance to and Protection of Victims

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

10
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 intimidation
• establish appropriate procedures in provide
  access to compensation and restitution for victims

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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

12
Protection of Victims of trafficking in persons

• consider implementing measures to provide for the
  physical, psychological and social recovery of
  victims
• take into account the age, gender and special
  needs of victims
• endeavor to provide for the physical safety of
  victims
• ensure to the victims a compensation for damage
  suffered

13
Protection and Assistance on cases of Smugling of
Migrants

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

14
Basic Principles of Justice for Victims of Crime
Abuse of Power

• United Nations Declaration
• Use
• Aplication
• Implementation

15
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

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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

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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

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General elements for the fight against
transnational organized crime

• General rules for
• Extradition
• Mutual Legal Assistance
• Transfer of sentenced persons
• Transfer of criminal proceedings
• Maintain database of criminals and activities

19
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

20
Protocol against smuggling of migrants

• Criminalization, when it is transnational and
  committed by organized crime, for
• smuggling of migrants
• falsification of identification documents,
  possession of false documents in furtherance of
  smuggling
• Aggrevating circumstances
• Endangering human life and security
• Inhuman and degrading treatment

21
Illicit Trafficking of Migrants by Sea

• Member States believeing vessel is used for
  smugggling can expect assistance
• to determine registry of vessel
• Receive authorization to board and search
• to determine, with permission of registry State,
  if migrants are onboard and are safe
• unidentified vessels can be boarded, searched and
  secured

22
Protection of Vessel and Passengers

• Ensuring safety and humanitarian treatment of
  smuggled migrants
• Security of the vessel and its cargo
• Does not prejudice commercial interests of the
  registry State or other interested State
• Take measures to ensure environmental hazards are
  minimized

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Co-operation

• Exchange of information
• Legislative experiences
• Scientific and technological information
• Dissemination of information
• Training Immigration officials in
• techniques of smuggling prevention and detection
• humanitarian treatment and rights