Reparative justice requires mutual respect between the parties.
Restorative justice is a judicial approach that aims to repair the harm that a crime caused to its direct victims and to the community as a whole. It does not only seek the punishment of the person or persons who caused the harm, but also seeks a collective resolution of the conflict so that the perpetrators can rehabilitate themselves and reintegrate into society, assuming their responsibility for what was caused.
This mode of justice , which is applied in the criminal field, is based on respect for the dignity of each human being , understanding and the search for social harmony through the healing of victims, perpetrators and the entire population. For this, both the damages and the obligations and needs of the parties involved are addressed, who agree on how to resolve the conflict.
Origin of restorative justice
The origin of restorative justice is usually located in procedures of aboriginal communities in the Andean region , North America and Oceania . In these cultures, practices focused on repairing damage and reintegrating the aggressor into the group were carried out to resolve conflicts.
Only in the second half of the 20th century did the notion begin to be taken into account in judicial systems through conciliation and mediation programs. Countries such as New Zealand , Canada and the United States are considered pioneers in the matter.
There is a case that is noted as a pioneer in the application of restorative justice. In 1974 , two drunk teenagers vandalized several properties in the city of Elmira ( Ontario ), Canada . A court found them guilty of more than twenty charges and decided, following a suggestion from the Ontario Mennonite Center and the Probation area, that the young people could speak personally with each of their victims. In this way, they managed to agree on reparations with most of them. That experience gave rise to the creation of the Victim-Offender Reconciliation Program in Canadian territory.
Community well-being is one of the goals of restorative justice.
Its principles
Restorative justice is based on personal responsibility , empathy and community participation. It is proposed that offenders become aware of the harm caused and that victims be willing to reach reparatory agreements .
By appealing to facilitated dialogue, restorative justice demands active listening from those involved. There must be recognition of the damage on the part of the aggressors and the community will to move forward in conflict resolution. According to the promoters of this approach, this methodology contributes to the prevention of crime and the reduction of recidivism by restoring trust.
It can be said that restorative justice has a double dimension: it provides support for victims but favors the social inclusion of the offender . This is how a culture of peace is promoted.
Also called restorative justice , restorative justice is committed to consensus and participation. This avoids one of the effects attributed to punitive justice : the separation of the guilty and the victim from their community, which threatens social cohesion. If the aggressor and those who suffered his actions manage to agree on how to move forward, always considering reparation for the damage, harmony in society is preserved or restored.
Beyond meetings or direct communication between offender and victim, these procedures also include the organization of conferences with the participation of relatives and family members. In addition, so-called peace circles can be launched with the participation of other social agents who offer their perspective from a different perspective.
Reparative justice proposes alternative measures to incarceration.
Examples of restorative justice
Suppose that a 16-year-old teenager, to avoid having to take a test, calls his school and says that there is a bomb . The directors of the educational establishment are forced to suspend activities and evacuate the building. They also file a criminal complaint and it is discovered that the person responsible for the threat is a student at the institution. Thanks to a restorative justice program, the student is not expelled, but rather participates in talks with teachers and psychologists to understand the direct and symbolic consequences of his actions. He also apologizes to the entire educational community .
Take the case of two men who, drunk, vandalize the facade of a business. A judge, applying the perspective of restorative justice, urges them to develop treatment to control alcohol consumption . In addition, those responsible for the damage agree with the victim to clean the window and the front of their premises once a week for six months.
History also offers examples of restorative justice. We can find these principles in the functioning of the Truth and Reconciliation Commission that was established in South Africa in 1996 .
Promoted by Desmond Tutu and Nelson Mandela , it set out to satisfy the demands of the victims of apartheid through reparation and forgiveness , without breaking the pact that had made it possible to end violence and segregation. The idea was to achieve peace agreements by giving a voice to the victims and, in turn, advancing national reconstruction .