NCJ Number
99597
Journal
Virginia Journal of International law Volume: 25 Issue: 1 Dated: (1984) Pages: 211-247
Date Published
1984
Length
37 pages
Annotation
This paper considers the origins, purposes, and effectiveness of the 1983 European Convention on the Compensation of Victims of Violent Crimes, which attempts to remedy disparity among European nations in compensating nonnational crime victims.
Abstract
An examination of the concept of victim compensation, including its rationales and goals, is followed by an analysis of preconvention compensation schemes of various European nations (United Kingdom, France, the Federal Republic of Germany, and Italy) to show the striking< disparities in such schemes. The paper then reviews the interests of the European Economic Community and the Council of Europe in addressing the disparity problem, as well as the complex interaction of these two organizations in approaching the problem. Consideration of the effectiveness of the convention from the victim's perspective notes victims' general lack of information on the convention, the lack of provision for interim victim relief, the absence of mental suffering as a mandatory item for relief, and the wide range of discretion given states in granting relief. The study also concludes that the convention does not achieve its stated purpose of harmonizing minimum provisions of compensation for victims of violent crime. The lack of an enforcement mechanism is cited as a major impediment to convention effectiveness. The paper's conclusion suggests an alternative method of implementing a pan-European compensation system which promises to alleviate major problems with the convention. The text of the convention is appended, and 170 footnotes are provided.