The development of international policy in relation to victims of crime

Abstract

This article addresses the development of international policy in relation to victims of crime. It starts with an outline of the 1985 United Nations (UN) Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. It demonstrates that compliance by Member States with the provisions of the Declaration is still unsatisfactory, despite serious efforts by the UN to promote its standards and norms. A similar trend is described on a regional level in Europe. In 2001, the European Union adopted a Framework Decision (a legally binding instrument) on minimum rights for crime victims in the criminal justice system. Evaluations undertaken in 2004 and 2009 have proved that none of the Member States fully complied with its content. In the article it is argued that a lack of compliance is usually followed by the adoption of an even stronger legal instrument, containing even more ambitious rights for victims of crime. It is questioned whether this is the most productive approach. It is doubted that ‘hard law’ is always more effective than ‘soft law’. The most recent generation of more elevated rights run the risk of leading to ‘victim fatigue’ on the part of the officials responsible for the operation of the criminal justice system.