Accepting the Right to Victim Empowerment: Bases and Demonstrations

The necessity of occurring promotion after damage to a victim and reconciling it with the concept of right causes the right to empowerment. The present note with the analytic-descriptive method and with the utilization of the library tools has set out to conceptualize the right to empowerment with the components of the change of the premises from redress to empowerment, transferring from the principle of equality of arms between the victim and accused and the requirement of the concurrent collaboration between the state and convict in the process of empowerment. The findings show that this right is established based on the theories such as the social contract, social welfare and the theory of the social-cognitive pathology to the necessity of the direct acceptance of the state liability for the victim empowerment. Also, the theories of restorative justice and fairness from the view of the need to repair the harm and its role in creating the feeling of achieving justice and prevention of repetitive offending analyze the necessity of the rehabilitation of victims. The objectification of the right to empowerment requires legal manifestations in the national and transnational arena. The examination of these manifestations shows that over time the manifestations of victim empowerment have been developed but still it is far from achieving the realization of the components of the right to empowerment compliance with the aforementioned principles.