Positive Obligations under the European Convention on Human Rights: Towards the Human Rights of Victims and Vulnerable Witnesses?

Abstract

This article argues that victims of crime and vulnerable witnesses already have identifiable human rights stemming from the positive obligations under the European Convention on Human Rights. Since these rights do exist, albeit in partial form, it is suggested that the focus of current reform proposals should be on upholding and extending these rights rather than simply creating guidelines, codes of practice and ombudsmen.