Victims' rights in the context of "Economic, social and cultural rights"

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⭐ Core Definition: Victims' rights

Victims' rights are generally defined as legal entitlements afforded to victims of crime. They vary according to the legal jurisdiction within which they are applied and are dependent on several variants including societal, cultural, political, socio-economic and geographical. Victims's rights belong to the public law sphere, and relate to criminal justice proceedings, constitutional law and restorative justice. Victims' rights must be aligned with international human rights law and in particular the Universal Declaration of Human Rights.

Examples include the right to restitution, the right to a victims' advocate, and the right not to be excluded from criminal justice proceedings. A key principle underlying victims' rights is the need to avoid secondary victimisation in their implementation particularly when victims' are called to take a role in criminal justice proceedings.

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Victims' rights in the context of Social rights

Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

The Universal Declaration on Human Rights recognises a number of economic, social and cultural rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international legal source of economic, social and cultural rights. The Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination Against Women recognises and protects many of the economic, social and cultural rights recognised in the ICESCR in relation to children and women. The Convention on the Elimination of All Forms of Racial Discrimination prohibits discrimination on the basis of racial or ethnic origin in relation to a number of economic, social and cultural rights. The Convention on the Rights of Persons with Disabilities also prohibits all discrimination on the basis of the disability including refusal of the reasonable accommodation relating to full enjoyment of economic, social and cultural rights.

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Victims' rights in the context of Stalker

Stalking is unwanted and/or repeated surveillance or contact by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person and/or monitoring them. The term stalking is used with some differing definitions in psychiatry and psychology, as well as in some legal jurisdictions as a term for a criminal offense.

Although interrelated, stalking is distinct from harassment, as it involves repeated behaviours and contact. Some scholars have suggested that the moral wrong of stalking is not well defined and propose that stalking is an attempt to force a personal connection and relationship on a victim. According to a 2002 report by the U.S. National Center for Victims of Crime, "virtually any unwanted contact between two people that directly or indirectly communicates a threat or places the victim in fear can be considered stalking", although the rights afforded to victims may vary depending on jurisdiction.

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Victims' rights in the context of Criminal justice reform

Criminal justice reform is the reform of criminal justice systems. Stated reasons for criminal justice reform include reducing crime statistics, racial profiling, police brutality, overcriminalization, mass incarceration, under-reporting, and recidivism or improving Victims' rights, Prisoners' rights and crime prevention. Criminal justice reform can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, and sentencing.

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