A/HRC/25/47 5. How is restorative justice linked to the formal justice process? 88. In a number of countries restorative justice has been implemented as a core component of the juvenile justice system through a specialized juvenile justice act which identifies and integrates restorative justice as a governing principle.31 89. Many countries first establish pilot projects in order to divert children from the formal justice system to restorative programmes. Pilot projects allow States to see evidence of the programme’s effectiveness and, following its satisfactory implementation, practices are developed on a larger scale or incorporated into legislation and policy.32 6. How is restorative justice for children implemented in informal justice systems? 90. Informal justice systems33 may be more accessible for children and their families, provide greater potential for healing and be less costly for those involved. But it is crucial that in addition they uphold and protect the rights of the child. 91. In this regard, five imperatives are of crucial relevance: there must be a legislative basis for customary law that is in line with international human rights standards; a range of appropriate alternatives for the child’s rehabilitation and reintegration must be available; there must be proper assessment of the processes and procedures used, including with regard to who selects the individuals to sit on the mediation panel; capacity and knowledge relating to children’s rights and national legislation, including juvenile justice laws, must be continuously ensured; and the right to appeal must be guaranteed so that there is oversight by the formal justice system. D. The benefits of restorative justice 1. The benefits of restorative justice for children (a) Taking responsibility and changing behaviour 92. Research shows that children involved in restorative programmes show fewer tendencies towards violence, both in the community and at home, are more likely to stay away from gang involvement and demonstrate significantly lower rates of recidivism. With their participatory approach, restorative justice programmes enhance opportunities for young offenders to fully grasp the extent of the harm caused and become part of a constructive response with a change in attitudes toward offending. 31 32 33 18 extensive use of restorative justice programmes in pretrial and post-trial settings meant that in 2010, the state’s only detention facility housed as few as 35 children who had committed serious offences. See Beth Caldwell, “Punishment v. restoration: a comparative analysis of juvenile delinquency law in the United States and Mexico”, Cardozo Journal of International and Comparative Law, vol. 20 (October 2011), p. 133. This was the case in the Philippines, which in 2006 passed the Juvenile Justice and Welfare Act; and in South Africa, through the adoption in 2008 of the Child Justice Act. This has been the approach followed in countries such as Montenegro and Peru. The working definition of informal justice used in the present report is: the resolution of disputes and the regulation of conduct by adjudication or the assistance of a neutral third party that is not part of the judiciary as established by law and/or whose substantive, procedural or structural foundation is not primarily based on statutory law. See United Nations Development Programme, UNICEF and the United Nations Entity for Gender Equality and the Empowerment of Women, Informal Justice Systems: Charting a Course for Human Rights-based Engagement (New York, 2012), p. 29.