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Starting in the 20th century, on the eve of the birth and subsequent development of victimology, progress began to be made regarding the “neutralization of victims” in criminal proceedings. At the time, the State, the sole entity in charge of criminal prosecution, gave crime victims a marginal role in the process, focused only on reporting crimes and being witnesses for the proceedings (Baca, Echeburúa and Tamarit, 2006; Hassemer, 1984).

Movements in different countries began to promote changes to make victims visible in criminal proceedings. This included the creation of public policies and social protective services, as well as compensation programs for certain groups of people (Fattah, 1992; Marchiori, 2004; Walklate, 2007).

In the second half of the twentieth century, the “rediscovery of the victim” emerged in great part of the legislation of criminal procedure, recognizing the special role of the victim in the criminal justice process. As a result, their rights began to be recognized, while care and compensation programs were initiated in their favor (Ferreiro, 2005). Likewise, various international instruments were agreed upon3 , which individualized the concept of victim, established the minimum standards for their participation in the criminal justice system, and identified the rights that should be recognized by the States.

One such instrument that stands out to this day is the Declaration of Fundamental Principles of Justice for Victims of Crime and Abuse of Power, adopted by the United Nations General Assembly on November 29, 1985. This agreement provides a concept of victim that is used to date: “persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power” (UN, 1985. Section A. 1.). The term victim also includes “the immediate family or dependents of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization” (UN, 1985. Section A. 2.).

In addition to this, the Declaration points out a number of rights to be respected:

 Access to justice and fair treatment, including the adaptation of judicial procedures to their needs, mainly through the provision of complete and timely information; allowing their opinions and concerns to be presented; and adopting measures to minimize inconvenience to victims, protect their privacy and ensure their safety4.

 Restitution from the offender or third parties responsible for their behavior.

 Compensation from the State in cases where it is not adequately provided by the offender.

 Material, medical, psychological and social assistance.

Thanks to the progress made in the study of victims, some groups of people have been identified as being at greater risk of having their rights violated5, and are therefore more likely to be passive subjects of crime or to perceive their respective victimization more intensely6. People in these groups are usually referred to as “victims in especially vulnerable conditions”. Children fall into this category because they need special protection and care due to their lack of physical and mental maturity, as indicated in the Declaration of the Rights of the Child.

From a legal perspective, a human group is considered vulnerable when they lack protection and cannot fully enjoy their human rights, rather than because of an intrinsic situation (Núñez, 2012). In this manner, age would make children a particularly vulnerable group due to their legal invisibility and high degree of dependency (DHES, 2014).

Similarly, studies have shown the negative impact that victims may experience from the actions or omissions of third parties intervening after the crime has been committed. This inadequate response to the needs of the victims results in a second victimizing experience, known as secondary victimization. This can cause a deepening of the negative effects of the crime or cause new repercussions, whether psychological, emotional, social, patrimonial, among others. In fact, it is believed that the effects of this type of victimization may be even more negative than those caused by the crime itself (Beristain, 1994; Gutiérrez de Piñeres, Colonel and Pérez, 2009; UN, 1999).

The clearest evidence of this phenomenon can be found in criminal justice processes, which is known as institutional secondary victimization. As García-Pablos de Molina states, this “covers the personal costs derived from the intervention of the legal system, which, paradoxically, increases the victim’s suffering” (2003, p. 145). In fact, as noted in the UN Manual of Justice for Victims of Crime and Abuse of Power (1999), this type of secondary victimization can lead to the complete denial of their human rights, since their experiences as victims of crime are not recognized.

Given their age and level of maturity, children are more likely to experience this kind of secondary victimization, especially through the actions of institutions and actors in the justice system7 (Ibero-American Judicial Summit, 2008; UN, 2005 and UN, 1999; Requejo, 2013).

The recognition of this phenomenon and its potential impact on groups of victims in particularly vulnerable conditions has justified the creation of special measures that seek to adapt criminal proceedings so they can fully exercise their rights without being exposed to new negative effects. This facilitates their participation and effective access to justice and reduces the eventual trauma and stress these victims may experience (Burton, Evans and Sanders, 2006; Sanz, 2008).

Various international guidelines describe these measures. Some examples include reducing the processing time of cases; having specialized personnel who might work in coordination with the other institutions involved in the processes in an interdisciplinary approach; adapting the spaces and equipment of courts, police stations and prosecutor’s offices to the needs of the vulnerable group; avoiding direct contact between the victim and the accused; and video recording the victim’s testimony for use in as many instances as possible, to avoid the need for further appearances (Ibero-American Judicial Summit, 2014, 2008; UN, 2005, 1999, 1985).