International and UN context: Overview of existing Law & Policy

1. International and UN context: Overview of existing Law & Policy By Jan Van Dijk UN ODCCP

2. International perspective on Crime Victims Treatment • United Nations instruments • Other International instruments

3. United 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

4. United 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

5. 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 Measures to eliminate violence against women

6. Crime Prevention Strategies To develop and disseminate information on the different forms of violence against women To support initiatives of organizations seeking women’s 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 Measures to eliminate violence against women

7. 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 Measures to eliminate violence against women

8. Measures 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

9. Assistance to and Protection of Victims • Palermo Convention of 2000 • Article 25 • Protocol on Trafficking in Human Beings • Protocol on Migrants Smugling

10. Article 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

11. Protection 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

12. Protection 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

13. Protection 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

14. Basic Principles of Justice for Victims of Crime & Abuse of Power • United Nations Declaration • Use • Aplication • Implementation

15. Violence 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

16. Why 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

17. Open 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

18. General 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 criminal’s and activities

19. Collaborating 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

20. Protocol 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

21. Illicit 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

22. Protection 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

23. Co-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