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2. Ineffectiveness of the Right to Compensation for Victims of Sexual Violence: A Comparison Between Five EU Member States

Author

Soleto Muñoz, Helena, Elbers, Nieke, Akkermans, Arno, Tamarit Sumalla, Josep Maria, Arantegui, Laura, Lepri, Gian Luigi, Chirico, Doriana, Lāce, Iluta, Spetsidis, Nicholas, Soleto Muñoz, Helena, Elbers, Nieke, Akkermans, Arno, Tamarit Sumalla, Josep Maria, Arantegui, Laura, Lepri, Gian Luigi, Chirico, Doriana, Lāce, Iluta, and Spetsidis, Nicholas

Abstract

In EU Member States, victims of sexual violence can seek justice through financial compensation in several ways: offender payments through an adhesion process (route 1), state payment schemes (route 2), and civil litigation (route 3). This paper examines policies and practices in five countries (the Netherlands, Latvia, Spain, Italy and Greece) and the degree to which they comply with two EU Directives. Policy data were collected via the EU justice portal and verified by local experts. Empirical data on law in practice was sought from criminal court cases and state compensation funds. The analysis consisted of comparing who can apply, what is needed to apply, and what is compensated. Major differences were found between countries. For example, the time frame to apply for state compensation ranged between three months and 10 years, the numbers of applicants ranged from 10 to 1210, and decision times ranged between two months to ‘without delay’. And while the average offender compensation awarded in Spain was twice as high as in the Netherlands (€13,728 versus €6451), the likelihood of victims receiving the compensation in these two countries was 14% and 100%, respectively, due to lack of effective enforcement in Spain. Because of the substantial variation between countries, and with reference to the European Court of Justice’s 2020 judgment, it was concluded that most of the EU countries examined do currently not comply with the requirement to provide fair and appropriate compensation. It is recommended that accessibility should be improved and that more data is needed.

Published
2024
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3. Fair and Appropriate? Compensation of Sexual Violence in EU Member States: Greece, Italy, Latvia, the Netherlands and Spain: Part II: State and Offender Compensation: Survey, Good Practices and Recommendations

Author

Elbers, Nieke, Akkermans, Arno, Soleto Muñoz, Helena, Fiodorova, Anna, Grané, Aurea, Tamarit Sumalla, Josep Maria, Arantegui, Laura, Patrizi, Patrizia, Lepri, Gian Luigi, Lodi, Ernesto, Chirico, Doriana, Lāce, Iluta, Vaivoide, Lelde, Dilba, Juris, Brekasi, Antonia, Saripapa, Nancy, Spetsidis, Nicholas, Liability Law, Law, Markets and Behavior, A-LAB, and Amsterdam Centre for Comprehensive Law

Subjects
SDG 17 - Partnerships for the Goals
Abstract

This is Part II of the reporting of FAIRCOM, a collaboration of partners, both academics and NGO's, in several member states of the European Union. The aim of FAIRCOM is to contribute to justice for victims of sexual crimes in the European Union by improving the possibilities for obtaining compensation (https://sexualviolencejustice.eu). This Report part II presents the results of an investigative study on State Compensation and Offender Compensation in the current five partner countries: Greece, Italy, Latvia, the Netherlands and Spain. It identifies good practices en offers recommendations. It is the follow-up of the first FAIRCOM Report ('Fair and Appropriate? Part I'). There will also be a Final Report. FAIRCOM is financed by The EU Justice Program (2014-2020).

Published
2020

4. Fair and Appropriate? Compensation of Sexual Violence in EU Member States: Greece, Italy, Latvia, the Netherlands and Spain:Part II: State and Offender Compensation: Survey, Good Practices and Recommendations

Author

Elbers, Nieke, Akkermans, Arno, Helena Soleto-Muñoz, Fiodorova, Anna, Grané, Aurea, Tamarit Sumalla, Josep Maria, Arantegui, Laura, Patrizi, Patrizia, Lepri, Gian Luigi, Lodi, Ernesto, Chirico, Doriana, Lāce, Iluta, Vaivoide, Lelde, Dilba, Juris, Brekasi, Antonia, Saripapa, Nancy, and Spetsidis, Nicholas

Subjects
SDG 17 - Partnerships for the Goals
Abstract

This is Part II of the reporting of FAIRCOM, a collaboration of partners, both academics and NGO's, in several member states of the European Union. The aim of FAIRCOM is to contribute to justice for victims of sexual crimes in the European Union by improving the possibilities for obtaining compensation (https://sexualviolencejustice.eu). This Report part II presents the results of an investigative study on State Compensation and Offender Compensation in the current five partner countries: Greece, Italy, Latvia, the Netherlands and Spain. It identifies good practices en offers recommendations. It is the follow-up of the first FAIRCOM Report ('Fair and Appropriate? Part I'). There will also be a Final Report. FAIRCOM is financed by The EU Justice Program (2014-2020).

Published
2020

5. Fair and Appropriate? Compensation of Sexual Violence in EU Member States: Greece, Italy, Latvia, the Netherlands and Spain: Part I: A Survey of State and Offender Compensation

Author

Elbers, Nieke, Akkermans, Arno, Soleto Muñoz, Helena, Fiodorova, Anna, Grané, Aurea, Tamarit Sumalla, Josep Maria, Linde Garcia, Antonia, Patrizi, Patrizia, Lepri, Gian Luigi, Lodi, Ernesto, Lāce, Iluta, Vaivoide, Lelde, Deligianni, Eleftheria, Saripapa, Nancy, Spetsidis, Nicholas, Liability Law, Law, Markets and Behavior, A-LAB, and Amsterdam Centre for Comprehensive Law

Subjects
SDG 17 - Partnerships for the Goals
Abstract

This is Part I of the reporting of FAIRCOM, a collaboration of partners, both academics and NGO's, in several member states of the European Union. The aim of FAIRCOM is to contribute to justice for victims of sexual crimes in the European Union by improving the possibilities for obtaining compensation (https://sexualviolencejustice.eu/). This Report part I presents the first results of an investigative study on State Compensation and Offender Compensation in the current five partner countries: Greece, Italy, Latvia, the Netherlands and Spain. In the follow-up to this first Report there will also be a Report part II, as well as a Final Report. FAIRCOM is financed by The EU Justice Program (2014-2020).

Published
2020

6. Fair and Appropriate? Compensation of Sexual Violence in EU Member States: Greece, Italy, Latvia, the Netherlands and Spain:Part I: A Survey of State and Offender Compensation

Author

Elbers, Nieke, Akkermans, Arno, Helena Soleto-Muñoz, Fiodorova, Anna, Grané, Aurea, Tamarit Sumalla, Josep Maria, Linde Garcia, Antonia, Patrizi, Patrizia, Lepri, Gian Luigi, Lodi, Ernesto, Lāce, Iluta, Vaivoide, Lelde, Deligianni, Eleftheria, Saripapa, Nancy, and Spetsidis, Nicholas

Subjects
SDG 17 - Partnerships for the Goals
Abstract

This is Part I of the reporting of FAIRCOM, a collaboration of partners, both academics and NGO's, in several member states of the European Union. The aim of FAIRCOM is to contribute to justice for victims of sexual crimes in the European Union by improving the possibilities for obtaining compensation (https://sexualviolencejustice.eu/). This Report part I presents the first results of an investigative study on State Compensation and Offender Compensation in the current five partner countries: Greece, Italy, Latvia, the Netherlands and Spain. In the follow-up to this first Report there will also be a Report part II, as well as a Final Report. FAIRCOM is financed by The EU Justice Program (2014-2020).

Published
2020

7. Fair and Appropriate? Compensation of Victims of Sexual Violence in EU Member States: Greece, Italy, Latvia, the Netherlands and Spain. Part I: A Survey of State and Offender Compensation

Author

Elbers, Nieke A., primary, Akkermans, Arno J., additional, Soleto Muñoz, Helena, additional, Fiodorova, Anna, additional, Grané Chávez, Aurea, additional, Tamarit, Josep María, additional, Linde Garcia, Antonia, additional, Patrizi, Patrizia, additional, Lepri, Gian Luigi, additional, Lodi, Ernesto, additional, Lāce, Iluta, additional, Vaivode, Lelde, additional, Deligianni, Eleftheria, additional, Saripapa, Nancy, additional, and Spetsidis, Nicholas, additional

Published
2020
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