A/74/148
D.
Judicial measures
85. Wherever there is reasonable ground to believe that domestic violence has
occurred or is likely to occur, States are obliged, ex officio, to conduct a prompt
and impartial investigation and, where appropriate, take protective measures,
ensure administrative, civil and criminal accountability of perpetrators and
ensure that victims receive adequate redress and rehabilitation.
86. States should provide for the right to free legal assistance for victims of
domestic violence. Victims who experience particular vulnerability, such as
children, older persons in need of care or persons with disabilities, should be
effectively empowered and their rights and needs should be respected, including
the best interests of the child.
87. States should ensure that, in the determination of custody and visitation
rights in relation to children, domestic violence incidents are duly considered and
their severity properly weighted. In particular, States should take every
reasonable step to ensure that the exercise of any visitation or custody rights does
not threaten the physical or mental integrity of victims of domestic violence or
their children.
E.
Full compensation and rehabilitation
88. States should ensure in their legal systems that victims of domestic violence
obtain redress and have an enforceable right to fair and adequate compensation,
including the means for the fullest possible rehabilitation. In doing so, States
should follow the comprehensive and gender-sensitive guidance provided by the
Special Rapporteur on violence against women, its causes and consequences on
the topic of reparations (A/HRC/14/22) as well as Committee against Torture
general comment No. 3 (2012) on implementation of article 14 by States part ies.
89. States should take the legislative or other measures necessary to provide
victims with adequate civil remedies, including compensation, against the
perpetrator, as well as adequate civil remedies, including compensation, against
State authorities that have failed in their duty to take the preventive or protective
measures necessary within the scope of their powers.
90. States should ensure that specialized centres and other mechanisms for the
support and rehabilitation of victims are available and accessible, in an adequate
geographical distribution across their jurisdiction. Those services should include
legal advice, psychological counselling, financial support, adequate housing,
education or training and assistance in finding employment. Access to those
centres and services should not be dependent on attempted or successful pursuit
of legal proceedings.
91. Where appropriate and supported by free, genuine and informed consent,
criminal, civil and administrative investigations and proceedings relat ing to
allegations of domestic violence should be complemented by measures of
mediation, reconciliation and restorative justice. Such processes must only be
conducted in parallel to, and not in lieu of, criminal, civil and administrative
investigations and proceedings relating to allegations of domestic violence.
Facilitators of restorative justice and other complementary dispute resolution
processes should be trained to recognize the contextual complexity of domestic
violence and its different patterns, especially the incidence of structural and
pervasive control and asymmetry of power and the risk of revictimization.
Facilitators should engage in a continuous process of risk assessment to ensure
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19-11892
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