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accountability. In doing so, the authorities should avoid making their investigation or
decisions exclusively dependent on the testimony of the victim.
57. At the same time, the consequent protective measures, legal processes and
criminal sanctions should prioritize the rights and needs of the victims, including the
best interests of the child. This means that the design and functioning of relevant
protective and redress-orientated mechanisms must be victim-centred, responsive and
accessible, including supported decision-making in circumstances where a victim’s
capacity is compromised (CRPD/C/ESP/CO/1; and A/HRC/22/53, para. 27). Where
appropriate and supported by free, genuine and informed consent, criminal, civil and
administrative investigations and proceedings relating to allegations of domestic
violence can be complemented, but not replaced, by measures of mediation,
reconciliation and restorative justice. 58
58. In all cases, however, the primary objective of any decision, measure or sanction
taken in response to domestic violence must be:
(a) To prevent further abuse on the part of the same or other likely
perpetrators;
(b) To prevent re-traumatization or abuse of victims of domestic violence
through subsequent procedures, measures and sanctions;
(c) To provide victims with rehabilitation and redress, including just
compensation and the means, support and protection require d to establish and sustain
a dignified and protected life without domestic violence or other abuse in the long
term.
V. Conclusions
59. On the basis of the preceding observations and considerations, and
informed by broad stakeholder consultations, the Special Rapporteur, to the best
of his personal judgment and conviction, has drawn the conclusions set out
below.
60. Every day, millions of people across the world are exposed to domestic
violence in intimate relationships, within the home and in communal or Staterun settings replacing the family home. Children in particular are vulnerable to
experiencing or witnessing domestic violence. Among adults, including older
people, domestic violence disproportionately affects women. In terms of both
scale and severity, domestic violence is one of the predominant sources of
humiliation, violence and death worldwide, and claims a similar number of lives
as armed conflict.
61. Like war, domestic violence is a veritable scourge of humanity,
traumatizing countless individuals, in particular women and children, on a daily
basis and brutalizing human society for generations to come. Unlike war,
however, domestic violence is still widely considered to be a “private matter”, a
social taboo to be dealt with at the discretion of the perpetrator or the family in
the perceived legal “black hole” of the home. As long as a substantial part of the
world’s population is oppressed, abused and even murdered by their own family
members or within their homes, the promises of the Universal Declaration of
Human Rights and the 2030 Agenda for Sustainable Development will remain a
far cry from reality. Consequently, domestic violence must be regarded as a
human rights issue of inherently public concern.
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IARS et al, “Restorative Justice and Domestic Violence: A Guide for Practitioners” (January 2016).
19-11892
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