Notes on the UN General Assembly Declaration of 1985 and Victimology

Introduction: Victimology focuses on ensuring justice and support for victims, a concern
historically overshadowed by emphasis on offenders. As a specialized branch of criminology,
it integrates studies of legal systems, juvenile delinquency, and comparative crime analysis.

Modern victimology has moved away from earlier views that blamed victims for their own
suffering (victim precipitation). Today, it emphasizes compassion, rehabilitation, and
empowerment of victims, rejecting any form of victim-blaming.

The UN General Assembly Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power, adopted in November 1985, provides a detailed definition of the term
victim in Articles 1 and 2.

Definition of Victim (Articles 1 and 2):

 Victims are individuals or groups who have suffered harm due to acts or omissions
that violate criminal laws, including those involving criminal abuse of power.

 Harm includes physical or mental injury, emotional suffering, economic loss, or

significant impairment of fundamental rights.

 A person is considered a victim regardless of whether:

o The perpetrator is identified.

o The perpetrator is apprehended.

o The perpetrator is prosecuted.

o The perpetrator is convicted.

 Familial relationship between the victim and perpetrator is irrelevant in determining

victim status.

 The term "victim" also includes:

o Immediate family or dependents of the direct victim.

o Persons harmed while assisting victims in distress or attempting to prevent

victimisation.

The Declaration broadly classifies victims into two categories: victims of crime and victims of
abuse of power.

A. Victims of Crime and Their Rights: Victims of crime are entitled to a set of rights to
ensure fair treatment and redress. These include:

1. Right to Access to Justice and Fair Treatment:

 Victims should be treated with compassion, dignity, and respect.

1
 They must have access to timely, equitable, and effective judicial and administrative
processes.
 Legal mechanisms should be affordable and easily accessible.
 Victims should be informed of their rights at all stages of the judicial process.
 Judicial and administrative mechanisms should be established and strengthened to
ensure redress through formal or informal procedures that are expeditious, fair,
inexpensive, and accessible.
 Victims should be informed of their role in the legal process and the scope, timing,
and progress of the proceedings, especially in serious crimes.
 Victims should be allowed to present their views and concerns at appropriate stages
of the proceedings.
 Proper assistance should be provided throughout the legal process.
 Measures should be taken to minimize inconvenience, protect privacy, and ensure
safety for victims and their families.
 Cases should be disposed of without unnecessary delay.
 Informal mechanisms such as mediation, arbitration, and customary or indigenous
practices should be utilized where appropriate

2. Right to Restitution:

o Victims and their families should receive fair restitution from the offender or
responsible parties, meaning the return or restoration of what was lost or
taken due to the crime, including financial compensation or replacement of
damaged property.

o This includes compensation for physical damages, emotional suffering, and

loss of income.

o If victimisation causes displacement, costs of relocation, housing, and medical

care should be reimbursed.

o Community infrastructure damaged by crime should be restored or replaced.

3. Right to Compensation:

o When restitution cannot be secured from the offender, the State must
assume responsibility.

o Financial compensation must be provided to victims who suffer serious

physical or psychological harm.

o National Compensation Funds should be created to ensure victims receive

timely support.

o Compensation schemes must be transparent, efficient, and victim-friendly.

2
 4. Right to Assistance:

o Victims should have access to medical, psychological, material, and social

support services.

o Assistance can come from governmental agencies, NGOs, community-based

organisations, or indigenous institutions.

o Specialized training should be provided to professionals—police, judicial,

medical, and social service personnel—to ensure sensitivity and proper
response to victim needs.

o A coordinated, multidisciplinary approach must be adopted to help victims

recover and reintegrate.

B. Victims of Abuse of Power: Victims of abuse of power are those who have suffered harm
as a result of acts or omissions that, while not necessarily criminal under domestic law,
violate human rights standards. These abuses are usually committed by persons or
authorities in power. Victims in this category may face physical or mental injury, emotional
distress, economic loss, or a significant impairment of their basic rights. Like victims of
crime, these individuals may be affected individually or as part of a group.

RESTORATIVE JUSTICE FOR CRIME VICTIMS

Restorative justice represents a transformative approach in modern criminal justice systems

that prioritizes the rights and needs of victims. Moving away from purely retributive or
preventive methods, restorative justice centers the victim in the process, seeking to restore
dignity, provide healing, and ensure active participation in justice outcomes. As such,
restorative justice is not merely a penal philosophy—it is a practical realization of victims'
rights as enshrined in various international human rights instruments.

Compensatory relief and recognition of the victim's suffering are key features of restorative
justice. This victim-centric approach is constructed around four foundational pillars:

Restoration – Victims are entitled to receive emotional, psychological, and financial support,
regardless of whether the offender is apprehended. Community involvement in restoring the
victim to a sense of normalcy is a key responsibility. The process also includes restoring the
offender to society, but only after acknowledgment and redress of the harm done.

Accountability – Offenders are encouraged to directly accept responsibility for their actions
through processes like victim-offender mediation (VOM). This fosters understanding and
closure for victims and empowers them to voice the impact of the crime, which is a
fundamental right under international victim rights frameworks.

Community Protection – Communities play a vital role in both the recovery of the victim and
the reintegration of the offender. By creating a supportive environment, victims are offered a
sense of security and belonging, which is critical for their long-term recovery.

3
Skill Development – Empowering victims through skill development and vocational training
is a part of rehabilitative justice. This not only aids in economic recovery but also restores
personal agency and dignity, especially for victims of gender-based and economic crimes.

VICTIM ASSISTANCE PROGRAMMES AND LEGAL FRAMEWORKS(Measures for Upholding

Victims' Rights)

The UN Handbook on Justice for Victims outlines a comprehensive victim assistance scheme
focusing on redress, relief, and rehabilitation. Victim assistance is a core component of
international victim rights, designed to uphold dignity, reduce suffering, and restore
normalcy.

7.1 Objectives of Victim Assistance Programmes

1. Governments and voluntary organizations must take active steps to restore and
rehabilitate victims of crime.

2. Victim services should address not just immediate injuries but long-term
consequences.

3. Victims must be provided avenues to participate meaningfully in the criminal justice

process.

4. Community involvement and inter-agency cooperation are vital in supporting victims.

5. Particular care must be taken for underserved and marginalized victim groups.

7.2 Advisory Groups for Victim Advocacy

The UN suggests setting up local advisory groups with representatives from the police,
judiciary, medical field, psychology, academia, and civil society. These groups:

 Conduct victimization surveys and interviews.

 Provide immediate redress and assistance.

 Coordinate with social service institutions.

 Represent victim interests within the criminal justice process.

 Ensure confidentiality and prevent stigmatization of victims.

7.3 Types of Services for Victims

Victim support professionals are expected to deliver:

 Crisis intervention

 Psychological counselling

 Legal advocacy

4
  Support during investigation and trial

 Post-trial support

 Violence prevention services

 Victim-offender mediation opportunities

7.4 Legal Reforms for Safeguarding Victim Rights

Despite progress since the 1985 UN Declaration, many jurisdictions still lack comprehensive
legal frameworks to support victims. The UN and World Society of Victimology call for:

 Codification of victim rights into domestic law

 Institutionalizing victim services

 Mobilizing public awareness and stakeholder education

 Creating government-supported victim compensation and rehabilitation schemes

CARE AND PROTECTION OF VICTIMS IN OTHER COUNTRIES

England

 The UK was the first to implement a statutory scheme for victim protection via the
Criminal Injuries Compensation Scheme (1964).

 Criminal Justice Act, 1972:

o Introduced offender-paid compensation.

o Allowed courts to issue compensation orders alongside criminal sentences.

 Criminal Justice Act, 1982:

o Made it mandatory for courts to consider compensation in cases involving

death, injury, loss, or damage.

o Required courts to give written reasons if no compensation order was made.

 Amendment in 1991:

o Further expanded the scope of compensation.

o Made victim redress a key part of sentencing.

 In many continental European countries, victims enjoy:

1. Right to participate in criminal proceedings (to be heard and help uncover

the truth).

2. Right to compensation, including interim relief during ongoing proceedings.

5
United States

 Victimology has evolved significantly in the past 30 years, focusing on victims’ rights
and safety.

 Recognition of victim-offender dynamics has improved crime investigation and

public awareness.

 Payne v. Tennessee:

o Marked the first recognition by the U.S. Supreme Court of victims' rights at
sentencing.

o Paved the way for the restorative justice approach.

 Victim Impact Panels (VIPs):

o Allow victims or victims’ families to meet offenders after conviction.

o Enable victims to express the impact of the crime and seek restoration.

 Victim protection and participation are now core elements of the American criminal
justice system.

Victims of Crime Act, 1996 (Canada)

Canada has enacted victims of Crime Act with a view to providing access to justice to those
who are victims of crime. The Act, inter alia provides:-

(a) victims of crime should be treated with courtesy, compassion and their dignity and
privacy should be preserved;

(b) victim should receive prompt financial redress for harm or injury they have suffered due
to crime;

(c) Victims should be informed of and should have access to services including social,
medical, legal and mental health and assistance;

(d) victims of crime should be informed about the progress of investigation

6
and prosecution of the offence, court procedures, the role of the victim in the proceedings
and disposition of the proceedings.

(e) victims are entitled, where personal interests are affected, to have their views and
concerns brought to the notice of the court:

(f) victims and their families should be protected from intimidation, retaliation and
harassment by the perpetrator of the offence or his men;

(g) victims should have their stolen property returned to them as soon as possible; and if it
could not be recovered by enforcement authorities, they should be entitled to equivalent
money value of the same from the offender or from the State.

(h) victims are entitled to prepare a Victim Impact Statement, which should be taken into
consideration by the court while awarding sentence to the offender;

(i) victims are entitled to be informed about the offender's status, including release dates,
parole eligibility, probation term, release on bail etc.

Thus, it would be seen that the Canadian law on Crime Victims is a comprehensive
legislation covering almost all aspects of victim's problems.