A/HRC/16/56
proceedings in camera or allow the presentation of evidence by electronic or other special
means; “these measures shall be implemented in the case of a victim of sexual violence or a
child who is a victim or a witness75”. The Rome Statute also foresees the establishment of a
Victims and Witnesses Unit within the Registry to provide protective measures and security
arrangements, counselling and other appropriate assistance. The Unit “shall include staff
with expertise in trauma, including trauma related to crimes of sexual violence76”.77
2.
Regional standards
11.
Significant regional instruments also address this area of concern. The InterAmerican Convention on the Prevention, Punishment and Eradication of Violence
against Women, also covering the situation of girls under the age of majority78, calls for
fair and effective legal procedures for victims including “protective measures, a timely
hearing and effective access to such procedures” (…) “effective access to restitution,
reparations or other just and effective remedies”, and specialized services, including
shelters [and] counselling services…”.79The Convention applies to physical, sexual and
psychological violence, although not to violence against boys, and is in force in all OAS
Member States except two.80
12.
The African Charter on the Rights and Welfare of the Child mirrors many of the
protective principles of the Convention on the Rights of the Child, including the need for
legislative, administrative, social and educational measures to protect the child from all
forms of torture, inhuman or degrading treatment, from physical or mental injury or abuse,
neglect or maltreatment including sexual abuse; and from sexual exploitation. Protective
measures include the establishment of special monitoring units to provide necessary support
for the child and for those who have the care of the child, as well as other forms of
prevention and for identification, reporting referral investigation, treatment, and follow-up
of instances of child abuse and neglect.
13.
The Protocol to the African Charter on Human and Peoples Rights on the
Rights of Women in Africa presents important provisions for the protection of girls from
violence and calls, inter alia, for the establishment of mechanisms and accessible services
for effective information, rehabilitation and reparation of victims of violence; for States’
support to initiatives directed at providing women with access to legal services, including
legal aid; and requires the provision of appropriate remedies to be “determined by
competent judicial, administrative or legislative authorities, or any other competent
authority provided for by law81”.
14.
The Convention on the Protection of Children against Sexual Exploitation and
Sexual Abuse adopted by the Council of Europe in 2007 requires Parties to take “measures
to assist victims, in the short and long term, in their physical and psychosocial recovery”82
and to “adopt a protective approach towards victims, ensuring that the investigations and
criminal proceedings do not aggravate the trauma experienced by the child and that the
75
76
77
78
79
80
81
82
26
Article 68
Article 43 paragraph 6
Also relevant are the Rules of Procedure and Evidence adopted by the Assembly of States Parties of
the Statute of the International Criminal Court and the Regulations of the Office of the Prosecutor
Arts.2 and 9
Art.7(f), 7(g) and 8(d)
As at 15 January 2011 (Canada and the United States have not yet ratified).
See in particular articles 1 j), 8 and 25
Art. 14(1)
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