STUDY UNIT 4.1- LAW AND POLICIES
SUPPORTING VICTIMS’ RIGHTS IN
SOUTH AFRICA
Learning outcomes:
1. Provide a comprehensive discussion of the Carmichele case, and indicate
how the Constitution protects the rights of victims of crime.
Laws and policies aimed at reducing violence and supporting victims of violence
are only as good as the people and systems that have to enforce it.
o It can be very comprehensive on paper, but if it isn’t enforced on ground
level it is ineffective.
Eg. Despite the fact that the definition of sexual assault and rape does
not require the use of force, or resistance by the victim, some criminal
justice officials still believe that an absence of physical resistance and
injury proves that a woman wasn’t raped.
Legislation aimed at protecting victims can only be effective if the appropriate
mechanisms are put in place to monitor the implementation of legislation and
to ensure that where it is not being implemented as prescribed, effective
remedies are available to victims.
VICTIMS’ RIGHTS-INTERNATIONAL PERSPECTIVES
There are 2 important instruments:
1. The UN Declaration (1985 Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power).
2. 2006 Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law
and Serious Violations of International Humanitarian Law.
South Africa’s ratification of international declarations and conventions
(conventions and declarations that we are signatories to) places the state under
a duty to act in fulfilment of obligations placed on it by those instruments.
o Thus SA must develop legislation enforcing these principles.
SUPPORTING VICTIMS’ RIGHTS IN
SOUTH AFRICA
Learning outcomes:
1. Provide a comprehensive discussion of the Carmichele case, and indicate
how the Constitution protects the rights of victims of crime.
Laws and policies aimed at reducing violence and supporting victims of violence
are only as good as the people and systems that have to enforce it.
o It can be very comprehensive on paper, but if it isn’t enforced on ground
level it is ineffective.
Eg. Despite the fact that the definition of sexual assault and rape does
not require the use of force, or resistance by the victim, some criminal
justice officials still believe that an absence of physical resistance and
injury proves that a woman wasn’t raped.
Legislation aimed at protecting victims can only be effective if the appropriate
mechanisms are put in place to monitor the implementation of legislation and
to ensure that where it is not being implemented as prescribed, effective
remedies are available to victims.
VICTIMS’ RIGHTS-INTERNATIONAL PERSPECTIVES
There are 2 important instruments:
1. The UN Declaration (1985 Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power).
2. 2006 Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of International Human Rights Law
and Serious Violations of International Humanitarian Law.
South Africa’s ratification of international declarations and conventions
(conventions and declarations that we are signatories to) places the state under
a duty to act in fulfilment of obligations placed on it by those instruments.
o Thus SA must develop legislation enforcing these principles.
