Victim Rights, Power and Privilege: Is there a case for collective rights for victims?

• In Event: Victim Rights, Victim Values

Abstract

Since the 1980s we have witnessed the steady growth of the victims’ movement and associated victim rights (e.g. UN 1985, EU 2012, 2020-2025) that provide an international benchmark for these rights and their enactment into domestic law. Whilst there are ongoing concerns about the implementation of these ‘rights’ and equal access to justice for all (see SDG 16 indicators for example), these victim rights emphasize individual provision over collective rights.

This well-trodden observation in no way diminishes the importance of existing instruments for delivering justice for victims. What has changed is that victim rights are increasingly referenced in relation to social group position. For example, the rights of women, transgender people, black and minority ethnic groups, faith-based groups, displaced people, LGBTQI+ people (to name but a few) are positioned in reference to historical and contemporary claims about injustice, disadvantage and the privilege of others. In some instances, social group experiences of victimisation clash, leading to anger, resentment, and the danger of further trauma and victimisation.

This paper will consider whether there is a case for collective victim rights, what they might look like and how they might operate alongside existing provision.

Author

• Simon Green, University of Hull