A/HRC/25/47 80. Studies suggest that restorative justice programmes that do not address the underlying reasons for offending, or fail to encompass rehabilitative and preventive measures, show a lower success rate in preventing recidivism. (b) Girls and restorative justice 81. Girls constitute a particularly vulnerable group, and their offending is often closely related to various forms of discrimination and deprivation: girls living in poverty may be easy targets and manipulated by criminal networks for sexual exploitation and drug dealing. Girls are also at risk of being arrested for prostitution or rounded up on the assumption that they are sex workers. 82. The United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules) provide an important reference in this regard as they address gender-based discrimination in the criminal justice system and call for gender-specific options for diversionary measures and the development of pretrial and sentencing alternatives for girls and women (rule 57). 3. How are procedural safeguards for children ensured in the restorative justice process? 83. To ensure that the rights of the child are respected and that the process is lawfully conducted, a competent authority should have effective judicial overview. This strengthens the validity of the outcome and ensures that legal safeguards are respected. 84. In order to ensure that restorative justice processes provide the necessary safeguards and are conducted in a consistent manner, guidelines and standard operating procedures for professionals should be in place.28 85. Professionals and community facilitators dealing with children involved with the justice system must also receive adequate and continuous training and capacity-building. 4. How can diversion and restorative justice programmes be used for serious offenders and convicted children? 86. Many restorative justice programmes have diverted cases of serious offenses from the criminal justice system to restorative processes. Studies show that the effectiveness of restorative justice in reducing recidivism is particularly great among serious offenders accused of violent crimes. Research also suggests that restorative justice can have a deeper healing impact on serious offenders than on non-serious offenders.29 87. Restorative justice can take place during the time that a child is serving a prison sentence, or as a component of a probation programme.30 It can significantly help reduce recidivism. 28 29 30 For example, in the Philippines, the Department of Social Welfare and Development issued the Guidelines in the Conduct of Diversion for Children in Conflict with the Law to ensure that diversion is appropriately conducted by social workers, law enforcement officers, prosecutors and other stakeholders (Administrative Order No. 7, 2008). Lawrence W. Sherman and Heather Strang, Restorative Justice: The Evidence (Esmée Fairbarn Foundation and The Smith Institute, 2007), p. 70. See also Lawrence Sherman, Heather Strang and Daniel Woods, Recidivism Patterns in the Canberra Reintegrative Shaming Experiments (RISE) (Centre for Restorative Justice, Australian National University, 2000). For example, in Oaxaca State, Mexico, the use of restorative justice for juveniles deprived of liberty has proved highly successful. In 2010, the programme, which includes access to psychological and health-care services, vocational training and education, recorded no cases of recidivism. The 17

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents