Child Victims And Restorative Justice

Children are the group most likely to be victimized yet least likely to report the crimes against them. Because of their unique vulnerability, an elaborate set of protections tries to secure their safety at home, in school, and in the community, yet they often experience further trauma inside the very criminal justice system designed to punish those who harm them. Such a system can leave child victims without emotional healing and a sense of justice because it does not consider the full scope of their wishes, interests, and rights. This failure can be attributed to the system's tendency to view children as objects of protection instead of legitimate rights-holders.Here, using a nuanced, multi-dimensional theory of children's interrelated rights and needs vis a vis victimization, Tali Gal presents an innovative restorative justice model for repairing harms and rebuilding relationships in the wake of crimes against children. It validates empirically documented children's needs--such as telling their stories, asking questions, and a sense of autonomy and control over the proceedings--and holds their associated and often-overlooked rights--such as rehabilitation and their overarching best interests-paramount. The rich theoretical underpinnings of the book are vividly illustrated by examples of successful restorative justice programs involving children (including the highly controversial inclusion of child victims of sexual assault). In addition, a set of eight heuristics provides a convenient reference for restorative justice programs to ensure that they safeguard the full range of child victims' needs and rights at all times.With its unique human-rights perspective on the study of childhood victimization and an innovative, child-inclusive restorative justice model, this book promises to be a touchstone for practitioners, policymakers, and researchers concerned with children's well-being in the aftermath of crime and violence.

With its unique human-rights perspective on the study of childhood victimization and an innovative, child-inclusive restorative justice model, this book promises to be a touchstone for practitioners, policymakers, and researchers concerned with children's well-being in the aftermath of crime and violence.

This book investigates how, while children used as soldiers are primarily perceived as victims of offences against international law, they also commit war atrocities. In the aftermath of armed conflict, the mainstream justice system targets warlords internationally, armed groups and militias’ commanders who abduct and enrol children as combatants, leaving child perpetrators not being held accountable for their alleged gross human rights violations. Attempts to prosecute child soldiers through the mainstream justice system have resulted in child rights abuses. Where no accountability measures have been taken, demobilised young soldiers have experienced rejection, and eventually, some have returned to soldiering. This research provides evidence of the potential of restorative justice peacemaking circles and locally-based jurisprudence – specifically the Baraza - to hold former child soldiers accountable and facilitate their reintegration into society.

The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community

This book deals with child soldiers’ involvement in crimes under international law. Child soldiers are often victims of grave human rights abuses, and yet, in some cases, they also participate actively in inflicting violence upon others. Nonetheless, the international discourse on child soldiers often tends to ignore the latter dimension of children’s involvement in armed conflict and instead focuses exclusively on their role as victims. While it might seem as though the discourse is therefore beneficial for child soldiers as it protects them from blame and responsibility, it is important to realize that the so-called passive victim narrative entails various adverse consequences, which can hinder the successful reintegration of child soldiers into their families, communities and societies. This book aims to address this dilemma. First, the available options for dealing with child soldiers’ participation in crimes under international law, such as transitional justice and criminal justice, and their shortcomings are analyzed in depth. Subsequently a new approach is developed towards achieving accountability in a child-adequate way, which is called restorative transitional justice. This book is in the first place aimed at researchers with an interest in child soldiers, children and armed conflict, as well as international criminal law, transitional justice, juvenile justice, restorative justice, children’s rights, and international human rights law. Secondly, professionals working on issues of transitional justice, juvenile justice, international criminal law, children’s rights, and the reintegration of child soldiers will also find the subject matter of great relevance to their practice. Dr. Leonie Steinl, LL.M. (Columbia) is a Researcher and Lecturer at the Faculty of Law of the Humboldt-Universität in Berlin.

This book addresses the relationship between restorative justice and children's rights, an issue of increasing relevance to restorative justice theory and practice that has thus far received relatively little attention. Readers will find useful reviews of international human rights documents and of legislation, policy and practices in countries in Europe, Africa, Asia, South America, North America, and Oceania. Each of the chapters demonstrates the compatibility between children's rights and restorative justice. Adopting a rights-based approach is an important means for countries that are interested in further developing restorative justice practices, as it helps restorative processes that are new to the juvenile justice system to gain credibility as well as safeguard young participants' rights in these processes. In countries where restorative justice has been developed, a rights approach can stimulate innovation and applications beyond the child justice system. The book focuses on both needs and rights of children and young people who caused harm or suffered harm. Some chapters also adopt a critical point of view to explore the tensions between rights and restorative justice in relation to colonisation, welfare models, and professional privilege. Studies in Restorative Justice Restorative justice offers a unique approach to crime and victimisation and a change of course from the traditional preoccupation with retribution and transgression of rules in the criminal justice system. This book series aspires to highlight the many accomplishments achieved through the use of restorative justice practices in response to crime and social conflict. It is a collection of groundbreaking theoretical essays on the principles, uses and versatility of restorative justice as well as state-of-the-art empirical research into the implementation of restorative justice practices, experiences in these programmes and evaluation of its impact on victim recovery, reoffending and community capacity building. Contributors include established scholars and promising new scholars.

This report examines the potential of restorative justice programmes to facilitate conflict resolution and provide appropriate protection to children. This applies to the justice system, whether children are victims, offenders or witnesses, but it also applies in a range of other contexts, including at school, in residential care units, in social welfare settings and in the community.

An examination of the experiences and needs of over 200 children who are the victims of crime. It explores the legal processes that the child victim encounters, contrasts the response to victims of child abuse with victims of other crimes and makes recommendations for future policy.