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What Has the ECHR Done for Victims? A United Kingdom Perspective

NCJ Number
208972
Journal
International Review of Victimology Volume: 11 Issue: 2/3 Dated: 2004 Pages: 177-200
Author(s)
Fiona Leverick
Date Published
2004
Length
24 pages
Annotation
This paper assesses the impact that the European Convention on Human Rights (ECHR) has had on the role of the victim in the criminal justice systems of the United Kingdom.
Abstract
The European Convention on Human Rights (ECHR) has traditionally been viewed as a vehicle for improving the rights of suspects, accused persons, and offenders, rather than one that has the potential to create enforceable rights for victims. However, when the ECHR was incorporated into the United Kingdom’s domestic law it was suggested that the Human Rights Act might be of assistance to victims in securing rights within the criminal justice process. This paper assesses the extent to which the ECHR creates rights for victims within the criminal justice process in terms of both rights to information and procedural rights in the United Kingdom. The assessment determined that the ECHR does impose positive obligations on the state to take reasonable steps to prevent the violation of rights which ground certain basic minimum rights for victims of crime in areas such as protection from violence and rights to information. There have also been developments in the protection of victims in their role as witnesses. Potential conflicts between the rights of the accused and the rights of the victim are discussed. References