Einde inhoudsopgave
Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse
Article 31 General measures of protection
Geldend
Geldend vanaf 01-07-2010
- Bronpublicatie:
25-10-2007, Trb. 2008, 58 (uitgifte: 02-04-2008, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-07-2010
- Bronpublicatie inwerkingtreding:
26-11-2009, Trb. 2010, 2010/156 (uitgifte: 17-05-2010, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Mensenrechten
Personen- en familierecht / Kinderbescherming
1.
Each Party shall take the necessary legislative or other measures to protect the rights and interests of victims, including their special needs as witnesses, at all stages of investigations and criminal proceedings, in particular by:
- a)
informing them of their rights and the services at their disposal and, unless they do not wish to receive such information, the follow-up given to their complaint, the charges, the general progress of the investigation or proceedings, and their role therein as well as the outcome of their cases;
- b)
ensuring, at least in cases where the victims and their families might be in danger, that they may be informed, if necessary, when the person prosecuted or convicted is released temporarily or definitively;
- c)
enabling them, in a manner consistent with the procedural rules of internal law, to be heard, to supply evidence and to choose the means of having their views, needs and concerns presented, directly or through an intermediary, and considered;
- d)
providing them with appropriate support services so that their rights and interests are duly presented and taken into account;
- e)
protecting their privacy, their identity and their image and by taking measures in accordance with internal law to prevent the public dissemination of any information that could lead to their identification;
- f)
providing for their safety, as well as that of their families and witnesses on their behalf, from intimidation, retaliation and repeat victimisation;
- g)
ensuring that contact between victims and perpetrators within court and law enforcement agency premises is avoided, unless the competent authorities establish otherwise in the best interests of the child or when the investigations or proceedings require such contact.
2.
Each Party shall ensure that victims have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings.
3.
Each Party shall ensure that victims have access, provided free of charge where warranted, to legal aid when it is possible for them to have the status of parties to criminal proceedings.
4.
Each Party shall provide for the possibility for the judicial authorities to appoint a special representative for the victim when, by internal law, he or she may have the status of a party to the criminal proceedings and where the holders of parental responsibility are precluded from representing the child in such proceedings as a result of a conflict of interest between them and the victim.
5.
Each Party shall provide, by means of legislative or other measures, in accordance with the conditions provided for by its internal law, the possibility for groups, foundations, associations or governmental or non-governmental organisations, to assist and/or support the victims with their consent during criminal proceedings concerning the offences established in accordance with this Convention.
6.
Each Party shall esure that the information given to victims in conformity with the provisions of this article is provided in a manner adapted to their age and maturity and in a language that they can understand.