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
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