DOCSLIB.ORG

A Comparative Analysis of Hate Crime Legislation

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
A Comparative Analysis of Hate Crime Legislation A Comparative Analysis of Hate Crime Legislation A Report to the Hate Crime Legislation Review James Chalmers and Fiona Leverick University of Glasgow, July 2017 i A Comparative Analysis of Hate Crime Legislation: A Report to the Hate Crime Legislation Review July 2017 CONTENTS INTRODUCTION ________________________________________________ 1 1. WHAT IS HATE CRIME? ________________________________________ 4 2. HATE CRIME LEGISLATION IN SCOTLAND __________________________ 7 3. JUSTIFICATIONS FOR PUNISHING HATE CRIME MORE SEVERELY ______ 23 4. MODELS OF HATE CRIME LEGISLATION __________________________ 40 5. CHOICE OF PROTECTED CHARACTERISTICS _______________________ 52 6. HATE SPEECH AND STIRRING UP OFFENCES _______________________ 68 7. HATE CRIME LEGISLATION IN SELECTED JURISDICTIONS _____________ 89 8. APPROACHES TAKEN IN OTHER JURISDICTIONS RELEVANT TO THE OFFENSIVE BEHAVIOUR AT FOOTBALL AND THREATENING COMMUNICATIONS (SCOTLAND) ACT 2012 ____________________________________________________ 134 ii INTRODUCTION In January 2017, the Scottish Government announced a review of hate crime legislation, chaired by Lord Bracadale.1 Lord Bracadale requested that, to assist the Review it its task, we produce a comparative report detailing principles underpinning hate crime legislation and approaches taken to hate crime in a range of jurisdictions. Work on this report commenced in late March 2017 and the final report was submitted to the Review in July 2017. Chapter 1 (What is Hate Crime?) explores what is meant by the term “hate crime”, noting that different definitions may properly be used for different purposes. It notes that the legislative response to hate crime can be characterised by the definition offered by Chakraborti and Garland: the creation of offences, or sentencing provisions, “which adhere to the principle that crimes motivated by hatred or prejudice towards particular features of the victim’s identity should be treated differently from ‘ordinary’ crimes”. Chapter 2 (Hate Crime Legislation in Scotland) outlines the principal provisions of hate crime legislation, as identified in the Review’s remit. These can be divided into two categories. First, sentence aggravation provisions, which do not create distinct criminal offences, but allow for offences aggravated by prejudice to be recorded as such and require the aggravation to be taken into account in sentencing. Secondly, substantive offences, which primarily consist of offences relating to the stirring up of racial hatred but also include offences of racially aggravated harassment and threatening communications intended to stir up hatred on religious grounds. Chapter 3 (Justifications for Punishing Hate Crime More Severely) considers the various possible justifications for treating hate crimes as more serious than parallel non-hate crimes. The possible justifications can be divided into three broad categories: harm-based justifications; culpability-based justifications; and denunciation-based justifications. Assessing the available evidence, it concludes that the argument that hate crimes are – compared to parallel non-hate crimes – more likely to cause harm both to the direct victim and to members of the group to which the victim belonged or was perceived to belong is particularly compelling. The argument that it is important to send a message to victims of hate crime that bias and inequality of treatment is roundly condemned by the State is also persuasive. Collectively, the harm argument and the denunciatory argument (and perhaps to a lesser extent the culpability argument) provide a compelling justification for punishing hate crime more severely. 1 Scottish Government, “Review of hate crime legislation”, 26 January 2017, available at https://news.gov.scot/news/hate-crime-legislation-review 1 Chapter 4 (Models of Hate Crime Legislation) considers two questions: first, how should hate crime be identified; and secondly, how should it be addressed – through substantive and distinct offences or the penalty attaching to general offences? In relation to the first question, it outlines two specific legislative models. The first is the discriminatory selection model (where a hate crime is committed where the victim has been selected because of their membership of a protected group). The second is the animus model (where the offender is motivated by, or demonstrates, prejudice against a protected group). It notes a clear preference for the animus model in legislative practice and strong arguments of principle in support. In relation to the second question, the chapter outlines three broad models: (i) the penalty enhancement model, (ii) the sentence aggravation model, and (iii) the substantive offence model, noting that jurisdictions may choose to combine these models rather than choosing one alone. It concludes by outlining the thresholds specified for a crime to count as a hate crime in a range of jurisdictions, and examines various questions about the precise formulation of these thresholds. Chapter 5 (Choice of Protected Characteristics) notes that the characteristics presently protected (in one form or another) under hate crime law in Scotland are race, religion, sexual orientation, disability and transgender identity. The chapter considers the range of characteristics protected in a range of other jurisdictions, noting that the characteristics protected in Scots law are the characteristics that are most commonly protected in the other jurisdictions analysed and that the two characteristics that are not presently protected in Scots law, but are most commonly protected in other jurisdictions, are age and sex . The chapter goes on to examine the principles which should guide a decision as to which characteristics should be protected. It notes a range of possibilities which have been identified in this respect, concluding that the most persuasive accounts are those that focus on identify groups that experience unjustified marginalisation or possess forms of difference that have a justifiable claim to respect. Chapter 6 (Hate Speech and Online Hate Crime) acknowledges that significant recent work has been carried out in relation to hate speech by the Law Commission and provides a high-level overview of the legal issues related to hate speech in a comparative perspective, including the applicability of legislation to online hate speech. It considers two questions of principle – what is hate speech, and what is the harm of hate speech? – before detailing offences relating to hate speech in a range of jurisdictions, considering both the legislative models adopted and the range of groups protected. It then outlines certain issues which arise in relation to hate speech online. 2 Chapter 7 (Hate Crime Legislation in Selected Jurisdictions) details the legislative provisions relating to hate crime in a range of jurisdictions. The jurisdictions assessed are as follows: Australia (the six states and two territories are examined separately); Canada; England and Wales; New Zealand; Northern Ireland; Republic of Ireland; South Africa and ten jurisdictions in the United States of America (the jurisdictions selected for analysis being those which expressly protect characteristics which are not explicitly protected in any of the hate crime legislative provisions discussed elsewhere in the chapter). Chapter 8 (Approaches Taken in Other Jurisdictions Relevant to the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012) examines section 1 of the 2012 Act, which is distinct because it applies only to behaviour that takes place in relation to a regulated football match. The chapter outlines the background to the Act, sets out the offences contained in section 1 and details analogous legislation in other jurisdictions including England and Wales and Northern Ireland. 3 CHAPTER 1: WHAT IS HATE CRIME? There is no single accepted definition of the term “hate crime”. One writer on the topic recounts a conversation with a British government policymaker “who lamented that even if you could lock academics in a room for six months with the task of producing a definition of hate crime, they would most likely emerge with more definitions than they had when they went in, which makes for interesting scholarly debate but is utterly useless for those tasked with actually responding to the problem of hate crime ‘in the real world’”.2 The issue is inevitably complicated by the fact that different definitions may be produced for different purposes: a definition may be useful for criminological or sociological purposes but not for practitioners and legislators.3 Even within criminal justice practice, definitions will (for good reason) vary. For example, definitions produced for recording purposes may focus on the perception of the victim or any other person as to the motivation for the offence,4 so as to ensure they are properly “victim oriented”5 and that recording is comprehensive and inclusive. In contrast, legislative definitions, setting out the conditions which must be satisfied for a criminal conviction, are likely to be narrower.6 One of the most commonly quoted academic definitions7 is Barbara Perry’s, which is in the following terms:8 Hate crime… involves acts of violence and intimidation, usually directed toward already stigmatized and marginalized groups. As such, it is a mechanism of power and oppression, intended to reaffirm the precarious hierarchies that characterise a given social order. It attempts to re-create simultaneously the threatened (real or imagined)
Load more

Recommended publications
  • Still Getting Away with Murder: Disability Hate Crime in England
    Still Getting Away with Murder A report about Disability Hate Crime in England Disability hate crime: this means when somebody commits a crime against a Disabled person because of their impairment. Impairment: in the document, this is used to talk about a Disabled person’s medical condition, diagnosis or difference. This could be physical or mental. Not all Disabled people are comfortable with the word ‘impairment’. However, we are not using this word to talk about who the person is. That is a personal choice. Part A – A Summary of the report One out of five Disabled people say that they have faced unkind or threatening behaviour or even been attacked (Inclusion London, 2020). Disabled people: in this document, this means people with impairments who choose to be part of the Disabled people's movement in the UK. These people stand up for rights for Disabled people across the country. This document looks at the fight against disability hate crime in England over the last 10 years. In 2008, we wrote a report called Getting Away With Murder . Getting Away with Murder Report: this was a report that was written in 2008 by Katharine Quarmby, together with Disability Now, the UK Disabled People’s Council and Scope. It looked at Disabled people’s experiences of hate crime in 2008. Since then, there have been lots of changes in the ways that disability hate crime is dealt with. This document looks at how things have changed since the last report was written. It is hard to say how much change there has been over the last 12 years.
    [Show full text]
  • Harassment and Victimisation Introduction
    Harassment and victimisation Introduction Stockholm University is to be characterised by its excellent environment for work and study. All employees and students shall be treated equally and with respect. At Stockholm University we shall jointly safeguard our work and study environment. A good environment enables creative development and excellent outcomes for work and study. At Stockholm University, victimisation, harassment associated with discrimination on any grounds and sexual harassment are unacceptable and must not take place. Victimisation, harassment and sexual harassment all jeopardise the affected person's job satisfaction and chances of success in work or study. As soon as the university becomes aware that someone has been affected, action will be taken immediately. In this brochure, Stockholm University explains • the forms that victimisation, harassment and sexual harassment may take, • what you can do if you or someone else becomes subjected to such behaviour, • the university's responsibilities, • the sanctions faced by those subjecting a person to victimisation, harassment or sexual harassment. Astrid Söderbergh Widding Vice-Chancellor Production: Human Resources Office, Student Services, Council for Equal Opportunities and Equality, and Matador kommunikation. Illustrations: Jan Ed. Printing: Ark-Tryckaren, 2015. 3 What is victimisation? All organisations experience occasional differences of opinion, conflicts and difficulties in working together. However, these occasional conflicts are not considered victimisation or bullying. Victimisation is defined as recurrent reprehensible or negative actions directed against individuals and that may lead to the person experiencing it being marginalised. Examples include deliberate insults, demeaning treatment, ostracism, withholding of information, persecution or threats. Victimisation brings with it the risk that individuals as well as entire groups will be adversely affected, in both the short and long terms.
    [Show full text]
  • Research Into Cyberbullying and Cyber Victimisation
    Australasian Journal of Educational Technology 2007, 23(4), 435-454 Bullying in the new playground: Research into cyberbullying and cyber victimisation Qing Li University of Calgary This study examines the nature and extent of adolescents’ cyberbullying experiences, and explores the extent to which various factors, including bullying, culture, and gender, contribute to cyberbullying and cyber victimisation in junior high schools. In this study, one in three adolescents was a cyber victim, one in five was a cyberbully, and over half of the students had either experienced or heard about cyberbullying incidents. Close to half of the cyber victims had no idea who the predators were. Culture and engagement in traditional bullying were strong predictors not only for cyberbullying, but also for cyber victimisation. Gender also played a significant role, as males, compared to their female counterparts, were more likely to be cyberbullies. Cyberbullying and cyber victimisation School bullying has been widely recognised as a serious problem and it is particularly persistent and acute during junior high and middle school periods (National Center for Educational-Statistics, 1995). In the USA, “up to 15% of students … are frequently or severely harassed by their peers. … Only a slim majority of 4th through 12th graders … (55.2%) reported neither having been picked on nor picking on others” (Hoover & Olsen, 2001). Universally, bullying is reported as a significant problem in many countries of the world including European countries, North America, and Japan (Smith et al., 1999), suggesting that bullying may play a important role in adolescents’ life in many societies. More importantly, it is reported that in many cases of school shootings, the bully played a major role (Dedman, 2001; Markward, Cline & Markward, 2002).
    [Show full text]
  • Victimisation from Physical Punishment and Intimate Partner Aggression in South Africa: the Role of Revictimisation
    Victimisation from Physical Punishment and Intimate Partner Aggression in South Africa: The Role of Revictimisation Master’s Thesis in Peace, Mediation and Conflict Research Developmental Psychology Magret Tsoahae, 1901696 Supervisor: Karin Österman Faculty of Education and Welfare Studies Åbo Akademi University, Finland Spring 2021 Magret Tsoahae Abstract Aim: The aim of the study was to investigate victimisation from physical punishment during childhood, victimisation from an intimate partner as an adult, and psychological concomitants. Method: A questionnaire was completed by 190 females, 32 males, and three who did not state their sex. The respondents where from South Africa. The mean age was 40.0 years (SD 12.2) for females, and 29.7 years (SD 9.9) for males. Results: For females, victimisation from physical punishment correlated significantly with victimisation from intimate partner controlling behaviours. For females, but not for males, victimisation from physical punishment during childhood correlated positively with depression and anxiety later in life. For both females and males, a high significant correlation was found between victimisation from intimate partner physical aggression and controlling behaviours, intimate partner physical aggression also correlated significantly with depression and anxiety. For males, victimisation from controlling behaviours correlated significantly with anxiety. Respondents who had been victimised more than average from physical punishment scored significantly higher than others on victimisation from controlling behaviours, intimate partner physical aggression, depression, and anxiety. Conclusions: It was concluded that victimisation from intimate partner aggression was associated with previous victimisation from physical punishment during childhood and could therefore constitute a form of revictimisation. Key Words: Controlling behaviours by a partner, physical intimate partner aggression, physical punishment during childhood, depression, anxiety, South Africa.
    [Show full text]
  • Online Hate Speech
    Measuring trends in online hate speech victimisation Summary of findings and exposure, and attitudes • Overall, 15% of New Zealand adults reported having been personally targeted in New Zealand with online hate speech in the last 12 months. Prepared by Dr. Edgar Pacheco & Neil Melhuish • Compared to our 2018 survey, this result is What is this about? higher by 4 percentage points. On 15 March 2019 a devastating terrorist attack • Over one third of personal experiences of against the Al-Noor Mosque and the Linwood online hate speech occurred after the Christchurch attacks. Islamic Centre in Christchurch killed 51 people and injured 49, some seriously. In addition to • Half of Muslim respondents said they were the tragic loss of life, the attack generated one personally targeted with online hate in the last 12 months. Prevalence was also more of the most significant online safety challenges common among Hindus. New Zealand has experienced. In the immediate aftermath a text reportedly written by • Similar to 2018, people with disabilities and the attacker that included racist and identifiying as non-heterosexuals were also targeted at higher rates. discriminatory language and a livestream video of the attack went viral and continued to • About 3 in 10 adult New Zealanders say reverberate across the internet. they have seen or encountered online hate speech content that targeted someone About 46 minutes after the attack began, else. Netsafe received its first call from the public • Nearly 7 in 10 New Zealand adults think about this content being accessible online. It that online hate speech is spreading. went onto receive just under 600 enquiries and • Over 8 in 10 adults believe that social complaints in the days following.
    [Show full text]
  • Copyright © and Moral Rights for This Thesis Are Retained by the Author And/Or Other Copyright Owners
    Jacobs, Naomi Lawson (2019) The Upside‐down Kingdom of God : A Disability Studies Perspective on Disabled People’s Experiences in Churches and Theologies of Disability. PhD thesis. SOAS University of London. http://eprints.soas.ac.uk/32204 Copyright © and Moral Rights for this thesis are retained by the author and/or other copyright owners. A copy can be downloaded for personal non‐commercial research or study, without prior permission or charge. This thesis cannot be reproduced or quoted extensively from without first obtaining permission in writing from the copyright holder/s. The content must not be changed in any way or sold commercially in any format or medium without the formal permission of the copyright holders. When referring to this thesis, full bibliographic details including the author, title, awarding institution and date of the thesis must be given e.g. AUTHOR (year of submission) "Full thesis title", name of the School or Department, PhD Thesis, pagination. The Upside-down Kingdom of God: A Disability Studies Perspective on Disabled People’s Experiences in Churches and Theologies of Disability NAOMI LAWSON JACOBS Thesis submitted for the degree of PhD 2019 Department of Religions and Philosophies SOAS, University of London 1 Abstract This thesis argues that, in many churches, disabled people are conceptualised as objects of care. However, disabled Christians are capable of being active agents in churches, with service, ministry and theologies of their own to offer. In Part A, I explore the discourses that have historically functioned in churches to marginalise disabled Christians. Using a Foucauldian approach, I argue that the Christian pastoral model has a fundamental orientation towards individualism, addressing disability through frameworks of care and charity, rather than through a model of justice.
    [Show full text]
  • Teachers' Perceptions of Homophobic Victimisation Among Learners Within Independent Secondary Schools
    Teachers’ Perceptions of Homophobic Victimisation among Learners within Independent Secondary Schools A research report submitted in partial fulfilment of the requirements for the degree of Masters in Education (Educational Psychology) in the Humanities Faculty, University of the Witwatersrand, Johannesburg. Hendrik Petrus Mostert 0207843W Supervisor: Dr. Charmaine Gordon Department of Psychology School of Human and Community Development University of the Witwatersrand DECLARATION I declare that this research report is my own, unaided work. It is being submitted for the degree of Masters in Education (Educational Psychology) in the Department of Psychology, School of Human and Community Development, University of the Witwatersrand, Johannesburg. It has not been submitted before for any degree or examination at any other university. Signed: ____________________________ Hendrik Petrus Mostert Date: ______________________________ i TABLE OF CONTENTS DECLARATION .......................................................................................................................................... i TABLE OF CONTENTS ............................................................................................................................... ii LIST OF TABLES ........................................................................................................................................ v LIST OF FIGURES ....................................................................................................................................
    [Show full text]
  • Violence Against Children with Disabilities
    EQUALITY FRA Violence against children with disabilities: legislation, policies and programmes in the EU with disabilities: policies and programmes legislation, children against Violence Violence against children with disabilities: legislation, policies and programmes in the EU This report addresses matters relating to the right to integrity of the person (Article 3), the rights of the child (Article 24), and the integration of persons with disabilities (Article 26), falling under the Titles I ‘Dignity’ and III ‘Equality’ of the Charter of Fundamental Rights of the European Union. Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). Photo (cover & inside): © Shutterstock More information on the European Union is available on the Internet (http://europa.eu). FRA – European Union Agency for Fundamental Rights Schwarzenbergplatz 11 – 1040 Vienna – Austria Tel. +43 158030-0 – Fax +43 158030-699 fra.europa.eu – [email protected] Luxembourg: Publications Office of the European Union, 2015 Paper: 978-92-9239-942-9 10.2811/932051 TK-04-15-511-EN-C PDF: 978-92-9239-941-2 10.2811/985117 TK-04-15-511-EN-N © European Union Agency for Fundamental Rights, 2015 Reproduction is authorised, provided the source is acknowledged. Printed in Italy Printed on process chlorine-free recycled paper (PCF) Violence against children with disabilities: legislation, policies and programmes in the EU Foreword International, European and national law all recognise the right to protection from all forms of violence, which applies to all children, including those with disabilities.
    [Show full text]
  • Judgment As Approved by the Court
    Case No: C/2001/1336 Neutral Citation Number: [2002] EWCA Civ 567 IN THE SUPREME COURT OF JUDICATURE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE IMMIGRATION APPEAL TRIBUNAL Royal Courts of Justice Strand, London, WC2A 2LL Friday 26th April 2002 Before: LORD JUSTICE AULD LORD JUSTICE WALLER and LADY JUSTICE ARDEN - - - - - - - - - - - - - - - - - - - - - Between: SECRETARY OF STATE FOR THE HOME Appellant DEPARTMENT - and - SKENDERAJ Respondent - - - - - - - - - - - - - - - - - - - - - (Transcript of the Handed Down Judgment of Smith Bernal Reporting Limited, 190 Fleet Street London EC4A 2AG Tel No: 020 7421 4040, Fax No: 020 7831 8838 Official Shorthand Writers to the Court) - - - - - - - - - - - - - - - - - - - - - Stephen Vokes (instructed by Nelsons) for the Appellant Eleanor Grey (instructed by The Treasury Solicitors) for the Respondent - - - - - - - - - - - - - - - - - - - - - Judgment As Approved by the Court Crown Copyright © Lord Justice Auld: 1. This appeal concerns the definition of refugee in Article 1(A) of the Geneva Convention of 28th July 1951 in its application to non-state persecution. In particular, it is concerned, in the context of Albanian blood feuds, with the definition and consequence of membership of a “particular social group” and the availability and sufficiency of protection when it is not sought. The material words of Article 1A are that: “ … the term ’refugee’ shall apply to any person who:… owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; … ” 2. Hasan Skederaj, a citizen of Albania, appeals against the decision of the Immigration Appeal Tribunal declining to uphold the determination of an adjudicator that he should be granted asylum.
    [Show full text]
  • Table of Contents
    Review of Disability Studies: An International Journal Volume 10, Issues 3 & 4 Copyright 2014 Table of Contents Editorial: Progress Megan A. Conway, PhD, RDS Managing Editor p. 3 Forum: Art History and Disability Guest Editors: p. 4 Ann Millett-Gallant, University of North Carolina, USA Elizabeth Howie, Coastal Carolina University, USA Forum Editors Introduction p. 4 Forum Articles Composing Dwarfism: Reframing Short Stature in Contemporary Photography Amanda Cachia, University of California, San Diego, USA p. 6 A 16th Century Portrait of Disability? Quentin Matsys' A Grotesque Old Woman p. 20 Sara Newman, Kent State University, USA Shifting Perception: Photographing Disabled People During the Civil Rights Era Timothy Hiles, University of Tennessee, USA p. 30 Becoming Aware of One’s Own Biased Attitude: The Observer’s Encounter with Disability in Chris Ware’s Acme Novelty Library no. 18 p. 40 Nina Heindl, Ruhr-University, Germany Research Articles Facing Dyslexia: The Education of Chuck Close p. 52 Ken Gobbo, Landmark College, USA Summer of 2012: Paralympic Legacy and the Welfare Benefit Scandal p. 62 Liz Crow, Bristol University, United Kingdom RDSv10 i3&4 1 A Capabilities View of Accessibility in Policy and Practice in Jordan and Peru Joyojeet Pal, PhD, University of Michigan, USA p. 77 Book and Media Reviews Both Sides of the Table: Autoethnographies of Educators Learning and Teaching With/In [Dis]Ability. Disability Studies in Education, Vol 12. Eds. Susan L. Gabel and Scot Danforth p. 94 Reviewed by Steven E. Brown, PhD, University of Hawaii, USA Quality of Life and Intellectual Disability; Knowledge Application to Other Social and Educational Challenges, Edited by Roy I.
    [Show full text]
  • Online Abuse and the Experience of Disabled People
    House of Commons Petitions Committee Online abuse and the experience of disabled people First Report of Session 2017–19 Report, together with formal minutes relating to the report Ordered by the House of Commons to be printed 8 January 2019 HC 759 Published on 22 January 2019 by authority of the House of Commons Petitions Committee The Petitions Committee is appointed by the House of Commons to consider e-petitions submitted on petition.parliament.uk and public (paper) petitions presented to the House of Commons. Current membership Helen Jones MP (Labour, Warrington North) (Chair) Martyn Day MP (Scottish National Party, Linlithgow and East Falkirk) Michelle Donelan MP (Conservative, Chippenham) Steve Double MP (Conservative, St Austell and Newquay) Luke Hall MP (Conservative, Thornbury and Yate) Mike Hill MP (Labour, Hartlepool) Catherine McKinnell MP (Labour, Newcastle upon Tyne North) Damien Moore MP (Conservative, Southport) Paul Scully MP (Conservative, Sutton and Cheam) Liz Twist MP (Labour, Blaydon) Daniel Zeichner MP (Labour, Cambridge) Powers The powers of the Committee are set out in House of Commons Standing Orders, principally in SO No. 145A. These are available on the internet via www.parliament.uk. Publications Committee reports are published on the Committee’s website and in print by Order of the House. Committee staff The current staff of the Committee are David Slater (Clerk), Lauren Boyer (Second Clerk), Kate Anderson (Petitions and Communications Manager), James Clarke (Petitions and Engagement Manager), Zoe Hays (Senior
    [Show full text]
  • Handbook on Justice for Victims Was Developed in Response to That Resolution
    This Handbook was prepared by a group of experts from more than 40 countries at a series of meetings supported by the Office for Victims of Crime in the United States Department of Justice and the Ministry of Justice in the Netherlands. The document was developed in cooperation with the United Nations Office at Vienna, Centre for International Crime Prevention, Office for Drug Control and Crime Prevention, and its publication was generously funded by the Office for Victims of Crime, United States Department of Justice. Foreword Crime takes an enormous physical, financial and emotional toll on its victims. On 29 November 1985, the General Assembly of the United Nations adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (General Assembly resolution 40/34, annex) based on the conviction that victims should be treated with compassion and respect for their dignity and that they are entitled to prompt redress for the harm that they have suffered, through access to the criminal justice system, reparation and services to assist their recovery. The Declaration recommends measures to be taken on behalf of victims of crime at the international, regional and national levels to improve access to justice and fair treatment, restitution, compensation and assistance. It also outlines the main steps to be taken to prevent victimization linked to abuse of power and to provide remedies for the victims. In May 1996, the United Nations Commission on Crime Prevention and Criminal Justice, at its fifth session, adopted a resolution to develop a manual or manuals on the use and application of the Declaration (Economic and Social Council resolution 1996/14).
    [Show full text]