Human dignity is constitutionally protected in both the German and the Israeli legal system. This article examines to what extent respect for victims' human dignity has influenced the development of victims' rights within the criminal process in Germany and Israel, bearing in mind the differences between the two legal systems regarding the definition of “human dignity” and the scope of constitutional protection. Following a detailed examination of the role and rights of victims within each jurisdiction and a short comparative analysis, this article concludes that, in both countries, the concept of human dignity has played a relatively minor role in the context of victims' procedural rights. The main, albeit tentative, explanation for this conclusion is that, although their trial rules differ considerably, both legal systems share common concerns and difficulties regarding the participation of victims in legal proceedings.

While this comment primarily addresses the article by Anat Horovitz and Thomas Weigend on human dignity and victims' rights in the German and Israeli criminal process, it begins with a consideration of the role of the victim in other component parts of the criminal justice system, and in particular the substantive criminal law—a topic addressed in other articles included in this issue. There follows a review of the comparative analysis of the victim's role in Germany and Israel put forward by Horovitz and Weigend and a critique of the issues they raise, particularly as to the salience of the victim's procedural role. It is argued here that the victim should have a somewhat more meaningful role than that envisaged by these authors. The comment concludes with a brief consideration of the potential for the advancement of alternative remedies currently neglected by both systems, such as restorative justice.