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Is there a detriment to the guarantees of the accused given the strengthening of the rights of the victims? The single...
ISSN: 2545 - 8817
Publisher: author
Is there a detriment to the guarantees of the accused given the strengthening of the rights of the victims? The single...
Indexed in
Law and Political Sciences
ARTICLE-FACTOR
1.3
Article Basics Score: 2
Article Transparency Score: 2
Article Operation Score: 3
Article Articles Score: 3
Article Accessibility Score: 3
SUBMIT PAPER ASK QUESTION
International Category Code (ICC):
ICC-1002
Publisher: Universidad De San Andrés
International Journal Address (IAA):
IAA.ZONE/2545115458817
eISSN
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2545 - 8817
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Abstract
This paper carries out a critical analysis of the application of the testis unus,testis nullus rule in cases of gender-based violence and, in particular, in crimes of sexual violence. In this regard, the existing dialogue between the rights of the accused and the rights of the victims will be studied, in order to clarify the limits and scope of each of them. It is not intended to establish a primacy of some guarantees over others, but to demonstrate that the failure to comply with international obligations, such as to carry out an investigation with due diligence, may lead to the violation of any of these rights. Based on this, the contexts in which such actstend to be committed, the value that can be assigned to the circumstantial evidence and the necessary assessment from a gender perspective in such cases will be analyzed.
