Are Human Rights Owed Victims of Crime?

Abstract

In considering the question whether human rights are owed persons as victims of crime, the paper discusses areas of confusion and disputation. In particular, the paper disentangles different ways of categorizing ‘victim’, and the nature of rights. To ground the discussion, a sexual assault case and its progress through a criminal court in Australia is used to explore what procedural and substantive human rights of the victim-complainant may be at issue and how these rights may be engaged. As a composite of actual cases it demonstrates the deep structural tension to the role of public prosecution as ‘agents of States’ (International Association of Prosecutors 2003) and as a duty-bearer to citizens. The paper argues for closer attention to understanding ‘the state’ in relation to citizens as victims and witnesses. It develops a strategic approach to the progressive realization of the human rights of persons as victims of crime and abuse of power.