Victimological values,unfairness and remediation: The case for a new type of collective victim right

Abstract

Since the 1980s we have witnessed the steady growth of the victims’ movement and associated victim rights that provide international benchmarks for these rights and their enactment into domestic law. While there are ongoing concerns about the implementation of these rights and equal access to justice for all (see SDG 16 indicators, for example), these victim rights emphasise individuals within a criminal justice context. This well-trodden observation in no way diminishes the importance of existing instruments for delivering justice for victims. What has changed is that victim rights are increasingly referenced to social group position. For example, the rights of women, minoritised people, faith-based groups, indigenous and displaced people, LGBTQ+ people (to name but a few) are positioned around historical and contemporary claims of unfairness, disadvantage and the privilege of others. In some instances, collective claims to victimhood and their associated claims for recognition and restitution clash, leading to anger, resentment and the danger of further harm. This article will consider whether there is a case for a new type of collective victim right in the form of remediation, what this might look like and how it might operate, alongside existing provision.