The right to accompaniment by a person of the victim‘s choice as a key right to avoid secondary victimisation: Exploratory qualitative research in Spain

This paper explores the right of any victim of crime to be accompanied by any person of her choice from the first contact with the authorities. This right was formally acknowledged by the Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing mini...

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Main Author: Varona Gema
Format: Article
Language:English
Published: Victimology Society of Serbia and University of Belgrade, Faculty of Special Education and Rehabilitation 2024-01-01
Series:Temida
Subjects:
Online Access:https://doiserbia.nb.rs/img/doi/1450-6637/2024/1450-66372401071V.pdf
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author Varona Gema
author_facet Varona Gema
author_sort Varona Gema
collection DOAJ
description This paper explores the right of any victim of crime to be accompanied by any person of her choice from the first contact with the authorities. This right was formally acknowledged by the Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (2012/29/ EU Directive), and transposed to the 2015 Law 4/2015 of 27 April 2015 on the standing of victims of crime (2015 Law 4/2015), subject to exceptions on reasoned grounds. The rationale for this right is the persistent secondary victimisation of victims in the criminal justice system and the need for a procedural justice approach. This article draws on qualitative exploratory research conducted during September, October and November 2019 in the Basque Country (Spain), based on information collected from fieldwork observation, photos, questionnaires and interviews with victims and legal professionals, as well as secondary data on a Basque Government program that offers more comprehensive professional companionship to women victims of intimate partner violence. It analyses some aspects that emerge from the implementation of this right in Spain. Finally, it concludes that, even if relevant, the specific legal inclusion of this right in the Directive should be complemented with a more responsive perspective of human rights.
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spelling doaj-art-226c6656c5f446bc8a340247edfd5b8f2025-08-20T03:33:18ZengVictimology Society of Serbia and University of Belgrade, Faculty of Special Education and RehabilitationTemida1450-66372406-09412024-01-01271719410.2298/TEM2401071V1450-66372401071VThe right to accompaniment by a person of the victim‘s choice as a key right to avoid secondary victimisation: Exploratory qualitative research in SpainVarona Gema0Basque Institute of Criminology + Faculty of Law, University of the Basque Country, SpainThis paper explores the right of any victim of crime to be accompanied by any person of her choice from the first contact with the authorities. This right was formally acknowledged by the Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (2012/29/ EU Directive), and transposed to the 2015 Law 4/2015 of 27 April 2015 on the standing of victims of crime (2015 Law 4/2015), subject to exceptions on reasoned grounds. The rationale for this right is the persistent secondary victimisation of victims in the criminal justice system and the need for a procedural justice approach. This article draws on qualitative exploratory research conducted during September, October and November 2019 in the Basque Country (Spain), based on information collected from fieldwork observation, photos, questionnaires and interviews with victims and legal professionals, as well as secondary data on a Basque Government program that offers more comprehensive professional companionship to women victims of intimate partner violence. It analyses some aspects that emerge from the implementation of this right in Spain. Finally, it concludes that, even if relevant, the specific legal inclusion of this right in the Directive should be complemented with a more responsive perspective of human rights.https://doiserbia.nb.rs/img/doi/1450-6637/2024/1450-66372401071V.pdfright to accompanimentsecondary victimisationvictims’ rightsvictims’ needsspain
spellingShingle Varona Gema
The right to accompaniment by a person of the victim‘s choice as a key right to avoid secondary victimisation: Exploratory qualitative research in Spain
Temida
right to accompaniment
secondary victimisation
victims’ rights
victims’ needs
spain
title The right to accompaniment by a person of the victim‘s choice as a key right to avoid secondary victimisation: Exploratory qualitative research in Spain
title_full The right to accompaniment by a person of the victim‘s choice as a key right to avoid secondary victimisation: Exploratory qualitative research in Spain
title_fullStr The right to accompaniment by a person of the victim‘s choice as a key right to avoid secondary victimisation: Exploratory qualitative research in Spain
title_full_unstemmed The right to accompaniment by a person of the victim‘s choice as a key right to avoid secondary victimisation: Exploratory qualitative research in Spain
title_short The right to accompaniment by a person of the victim‘s choice as a key right to avoid secondary victimisation: Exploratory qualitative research in Spain
title_sort right to accompaniment by a person of the victim s choice as a key right to avoid secondary victimisation exploratory qualitative research in spain
topic right to accompaniment
secondary victimisation
victims’ rights
victims’ needs
spain
url https://doiserbia.nb.rs/img/doi/1450-6637/2024/1450-66372401071V.pdf
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