A/RES/60/147
9.
A person shall be considered a victim regardless of whether the perpetrator of
the violation is identified, apprehended, prosecuted, or convicted and regardless of
the familial relationship between the perpetrator and the victim.
VI. Treatment of victims
10. Victims should be treated with humanity and respect for their dignity and
human rights, and appropriate measures should be taken to ensure their safety,
physical and psychological well-being and privacy, as well as those of their
families. The State should ensure that its domestic laws, to the extent possible,
provide that a victim who has suffered violence or trauma should benefit from
special consideration and care to avoid his or her re-traumatization in the course of
legal and administrative procedures designed to provide justice and reparation.
VII. Victims’ right to remedies
11. Remedies for gross violations of international human rights law and serious
violations of international humanitarian law include the victim’s right to the
following as provided for under international law:
(a)
Equal and effective access to justice;
(b)
Adequate, effective and prompt reparation for harm suffered;
(c) Access to relevant information concerning violations and reparation
mechanisms.
VIII. Access to justice
12. A victim of a gross violation of international human rights law or of a serious
violation of international humanitarian law shall have equal access to an effective
judicial remedy as provided for under international law. Other remedies available to
the victim include access to administrative and other bodies, as well as mechanisms,
modalities and proceedings conducted in accordance with domestic law. Obligations
arising under international law to secure the right to access justice and fair and
impartial proceedings shall be reflected in domestic laws. To that end, States should:
(a) Disseminate, through public and private mechanisms, information about
all available remedies for gross violations of international human rights law and
serious violations of international humanitarian law;
(b) Take measures to minimize the inconvenience to victims and their
representatives, protect against unlawful interference with their privacy as
appropriate and ensure their safety from intimidation and retaliation, as well as that
of their families and witnesses, before, during and after judicial, administrative, or
other proceedings that affect the interests of victims;
(c)
Provide proper assistance to victims seeking access to justice;
(d) Make available all appropriate legal, diplomatic and consular means to
ensure that victims can exercise their rights to remedy for gross violations of
international human rights law or serious violations of international humanitarian
law.
13. In addition to individual access to justice, States should endeavour to develop
procedures to allow groups of victims to present claims for reparation and to receive
reparation, as appropriate.
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