Title: International and UN context: Overview of existing Law
1International and UN context Overview of
existing Law Policy
2International perspective on Crime Victims
Treatment
- United Nations instruments
- Other International instruments
3United 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
4United 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
5Measures 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
6Measures 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
7Measures 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
8Measures 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
9Assistance to and Protection of Victims
- Palermo Convention of 2000
- Article 25
- Protocol on Trafficking in Human Beings
- Protocol on Migrants Smugling
10Article 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
11Protection 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
12Protection 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
13Protection 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
14Basic Principles of Justice for Victims of Crime
Abuse of Power
- United Nations Declaration
- Use
- Aplication
- Implementation
15Violence 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
16Why 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
17Open 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
18General 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
19Collaborating 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
20Protocol 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
21Illicit 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
22Protection 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
23Co-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