• Legislation should include a statement of the rights of complainant/survivors. It must promote complainant/survivor safety, agency, and assistance, and prevent the re-victimization of the complainant/survivor. It should remove barriers that may prevent them from seeking safety, such as concerns about child custody, access to shelters, and legal aid. 

 (See: Report of the Intergovernmental Expert Group Meeting to review and update the Model Strategies and Practical Measures on the Elimination of Violence against Women in the Field of Crime Prevention and Criminal Justice, Bangkok, 23-25 March 2009); and

 Combating violence against women: minimum standards for support services (2008) Available in English.

 For example, Spain’s law contains a guarantee of victim’s rights. Article 17

The statement of rights should inform the complainant/survivor of legal remedies (such as the order for protection and ex parte order for protection) and the support services offered by the state.

Promising practice: The law of Spain mandates that disabled persons receive information about legal and support remedies “in a format that is accessible and understandable”.  Article 18

• Legislation should provide that the police must perform certain duties to support the rights of complainant/survivors. See the section below on Duties of police.

• Legislation should provide that services are not conditional on cooperation with authorities.

• Support services should include transport to shelters, emergency services, and other support programs for complainants/survivors and their families. Legislation should state that the victim’s consent is required before being transported to a shelter. For example, the Law on Preventing and Combating Violence in the Family (2007) of Moldova (hereinafter law of Moldova) states in Article 14 that victims may be placed in emergency shelters upon the victim’s request, and if the victim is a minor, with the consent of the minor’s legal representative.

• Legislation should name an agency or agencies which are responsible for victim services and should clearly describe the responsibilities of the agency or agencies.

• Legislation should require that the court administration system that handles cases of domestic violence maintain a staff which will provide assistance to domestic violence victims.  See: Family Violence:  A Model State Code.

 Promising practice: The law of Brazil calls for the creation of Courts of Domestic and Family Violence against Women, which should rely on a “multidisciplinary assistance team made up of professionals specializing in the psychosocial, legal and health areas.” This team is then to provide expert advice to judges, the Prosecutor’s Office and the Public Defense. (Articles 29, 30)

Promising practice: Spain’s law, which includes specialized Violence against Women courts wherein all employees from judges to court clerks must receive training on issues of gender violence and which focuses on “the vulnerability of victims.” (Article 47)  

• Legislation should provide for economic assistance to complainant/survivors. Economic independence is a necessity for complainant/survivors to escape situations of violence. Legislation should provide for both short-term and longer- term economic and employment assistance.

For example, the law of Brazil provides for assistance to complainant/survivors by a court determination of the complainant/survivor’s inclusion in federal, state, and municipal assistance programs, and assures the complainant/survivor priority status to receive a job transfer if the complainant/survivor is a civil servant, or guarantees his or her employment for up to 6 months if the complainant/survivor must leave his or her place of work. (Article 9) 

Promising practice: The law of Spain contains a comprehensive system of aid to victims: employment rights in Article 21, economic subsidies in Article 27, and priority access to subsidized housing in Article 28.

(See: the UN Model Framework, which outlines a “statement of victim’s rights,” and Victim Protection, Support and Assistance, StopVAW, The Advocates for Human Rights.)