11
36.
Sometimes we refer to the victim as the “injured party”, as per certain current human
rights treaties; the victim is the human being that has suffered an injury or damage,
individually or in the company of other human beings, as a consequence of an act – or
omission – that is internationally illegal.39 In a historical perspective, the concept of victim is
one of the “oldest of humanity”, actually belonging to “all cultures”.40 Since the State gradually
monopolized all forms of coercion, the role of the victims was in some way reduced (v.g., to
that of a witness) or marginalized in the legal process with the State’s opposition to the
accused (in criminal procedural law), with the frequent non-satisfaction of the victim.41
37.
Actually, while the conceptual universe of criminology became oriented toward the
figure of the criminal, locating the victim in a position that was a little tangential or marginal,
the emerging discipline of victimology has tried to solve that inequality, focusing its attention
on the victim, on the need to rehabilitate the latter and guarantee the correct and adequate
reparations.42 It was, however, the notable evolution of International Human Rights Law
throughout the second half of the XX century and up to the present, what allowed the
fulfillment of that objective, since it was completely and duly created in orientation toward the
victims.43 The coming and consolidation of the corpus juris of International Human Rights Law
once again gave the victims their central position within the legal body.44
38.
For many years now I have examined the conceptualization of the victim under human
rights treaties such as the American Convention, among others.45 It is not my intention to tak
.
Cf. Union Académique Internationale, Dictionnaire de la terminologie du Droit international, Paris,
Sirey, 1960, pp. 448-449; J. Salmon (dir.), Dictionnaire de Droit international public, Bruxelles, Bruylant,
2001, page 1131.
39
.
A.-J. Arnaud et alii (dir.), Dictionnaire encyclopédique de théorie et de sociologie du Droit, 2a.
ed., Paris, LGDJ, 1993, page 641 (verbete de E. Viano).
40
41
.
Ibid., pages 642-643 (verbete de E.V.).
.
Cf., v.g., G. Landrove Díaz, Victimología, Valencia, Tirant Lo Blanch, 1990,p ages. 22-26, 139140, and 150; L. Rodríguez Manzanera, Victimología - Estudio de la Víctima, 8a. ed., México, Edit. Porrúa,
2003, pages 25 and 67.
42
.
Cf. A.A. Cançado Trindade, Tratado de Direito Internacional dos Direitos Humanos, vol. III, Porto
Alegre/Brazil, S.A. Fabris Ed., 2003, pages 447-497.
43
.
Besides, the victim has regained space, more recently, also in the domain of contemporary
criminal law, - both domestic and international, - as indicated, v.g., by the adoption of the United Nations
Declaration of 1985 on the Basic Principles of Justice for Victims of Crimes and Abuse of Power (regarding
crimes within domestic legislation), and the Basic Principles and Guidelines of the United Nations of 2006
regarding the Right to a Recourse and Reparations for the Victims of Grave Violations to International
Human Rights Law (regarding international crimes). Cf., v.g., M.C. Bassiouni, "International Recognition
of Victims' Rights", 6 Human Rights Law Review (2006) pages 221-279; and cf.: I. Melup, "The United
Nations Declaration on [Basic] Principles of Justice for Victims of Crime and Abuse of Power", in The
Universal Declaration of Human Rights: Fifty Years and Beyond (eds. Y. Danieli, E. Stamatopoulou y C.J.
Dias), N.Y., U.N./Baywood Publ. Co., 1999, pages 53-65; Th. van Boven, "The Perspective of the Victim",
in ibid., pages 13-26; B.G. Ramcharan, "A Victims' Perspective on the International Human Rights Treaty
Regime", in ibid., pages 27-35; G. Alfredsson, "Human Rights and Victims' Rights in Europe", in ibid.,
309-317.
44
.
Cf., v.g., A.A. Cançado Trindade, "Co-Existence and Co-Ordination of Mechanisms of International
Protection of Human Rights (At Global and Regional Levels)", 202 Recueil des Cours de l'Académie de
Droit International de La Haye (1987), cap. XI, pp. 243-299; A.A. Cançado Trindade, "O Esgotamento dos
Recursos Internos e a Evolução da Noção de `Vítima' no Direito Internacional", 3 Revista del Instituto
45
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