Agreement Reached in the Multi-Party Negotiations - Transitional ...

After receiving submissions the NIHRC later recommended ‘that the Bill should not make
a distinction between victims of the past and victims of the future. Instead it should confer
rights on all victims of crimes and human rights abuses who are suffering at the time
when, or after, the Bill comes into force.’ 71 This is because ‘it is notoriously difficult to
define people who are “victims of the conflict”.’ Victim is defined as:
In this section ‘victim’ means a person who, individually or collectively, has suffered harm, including
physical or mental injury, emotional suffering, economic loss or substantial impairment of their
fundamental rights, through acts or omissions that are in violation of criminal laws or human rights
standards. The term also includes, where appropriate, the family of such a person, his or her
dependants, those with whom the victim has a close relationship and persons who have suffered
harm in intervening to assist a victim in distress or to prevent victimisation.
A person may be considered a victim regardless of whether the perpetrator of the crime or human
rights violation in question is apprehended, prosecuted or convicted and regardless of the familial
relationship between the perpetrator and the victim. 72
The right to social care is extended to all victims although the wording has been changed
from the ‘highest possible level of social care’ to ‘a level of social care in accordance with
their needs’. The earlier reference to protection from discrimination is omitted, the
NIHRC deeming it is provided for in the section on equality.
The Commission’s earlier document had shown some understanding of the gender-
specific structural violence and power relationship inherent in domestic violence by
maintaining: ‘This violence is a manifestation of women’s inequality of status and
ineffective access to the legal system.’ 73 This is eroded in the later draft. The special
provision on violence against women and girls is omitted: ‘The Commissioners felt that it
was difficult to justify excluding a similar provision for men and boys’. Instead, a provision
on violence in the home has been inserted into the section on the right to be protected
against violence. 74
5.7.3 The Equality Commission
With regard to the Single Equality Act (SEA), the Equality Commission noted that there
would be ‘particular difficulties in identifying which ‘victims’ should be included…The
implications of inclusion of “victims” in the SEA would therefore have repercussions
which are difficult to calculate. It may be that development of the role of a Victims
Commissioner would be a more appropriate method of protecting the rights of victims.’
5.8 Criminal Injuries Compensation Scheme
The Compensation Agency 75 was established in April 1992 to support the victims of
violent crime by providing compensation to those who sustain loss as a result of actions
taken under emergency provisions legislation. This includes the administration of the
criminal injuries, criminal damages and emergency provisions compensation schemes. The
compensation scheme was reviewed 76 and recommendations for reform were later
enshrined in legislation. 77 The scheme currently applies to incidents occurring on or after 1
May 2002 and applies to victims of a crime of violence. The crimes of rape, sexual assault
71 NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
72 Ibid.
73 NIHRC, Making a Bill of Rights for Northern Ireland, A Consultation, September 2001
74 NIHRC, Progressing a Bill of Rights for Northern Ireland, An Update, April 2004
75 www.compensationni.gov.uk
76 Review of Criminal Injuries Compensation
77 Criminal Injuries Compensation Order (Northern Ireland) (2002); and Northern Ireland Criminal Injuries
Compensation Scheme (2002).
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