Protecting the rights of victims requires greater attention during the consideration of cases involving gender-based violence – Oleksandra Yanovska

Gender-based violence requires not only a proper criminal-law assessment, but also an approach to the administration of justice in which the victim is not a formal participant in the proceedings but their full centre. This was emphasised by Supreme Court judge of the Criminal Cassation Court Oleksandra Yanovska during an intersectoral validation expert meeting on the monitoring of court proceedings related to manifestations and aspects of gender-based violence, as well as gender aspects in the administration of justice.

The judge noted that the problem of gender-based violence had been complex even before the start of the full-scale war, yet today the scale of such crimes has grown substantially. That is why attention must be focused not only on questions of the legal classification of criminal offences, but also on how the rights of victims are secured in criminal proceedings and the extent to which victims are genuinely involved in the judicial process.

Oleksandra Yanovska drew attention to the fact that criminal proceedings are traditionally focused to a significant degree on the rights of the accused, which is consistent with the principles of a fair trial. At the same time, the person who has suffered harm from the crime also has the right to full participation in the proceedings, to respect and to proper treatment by the court.

In addition, the judge noted the practical value of monitoring court proceedings as a tool that makes it possible to identify real problems of law application and to form a basis for improving judicial practice.

The event was organised in cooperation with the OSCE Support Programme for Ukraine, the Supreme Court, the National School of Judges of Ukraine and the Human Rights Vector NGO.