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Towards the constitutionalization of victims' rights

Posted on:2011-06-30Degree:LL.MType:Thesis
University:York University (Canada)Candidate:Manikis, MarieFull Text:PDF
GTID:2446390002961857Subject:Law
Abstract/Summary:
In recent years there have been a number of initiatives, ostensibly undertaken to assist victims, however most of these developments simply pay lip-service to the interests of victims and offer them little more than symbolic protection. Providing victims with enforceable rights is the first step in giving them a real voice and place in the justice system. The Canadian Charter of Rights and Freedoms can be a vehicle for reform that can provide victims with enforceable rights. This research will provide a definition of the nature and content of victims' rights as well as arguments that militate in favor of their constitutionalization. Arguing the inefficiency of constitutional evolution through the judiciary when explicit rights are not entrenched, it will be suggested that a constitutional amendment would be a laudable remedial option to implement in order to provoke changes and induce compliance among government officials and institutions.
Keywords/Search Tags:Victims, Rights
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