A/HRC/25/47 93. Similarly, parents who have assisted their child through a restorative justice process show less inclination to resort to violence as a form of discipline. (b) Feeling respected and being heard during the restorative justice process 94. In contrast with the formal justice system and courtroom setting, which may become extremely intimidating for children, restorative justice programmes provide young people with an opportunity to express their views in a safe environment and surrounded by a supportive network, where they can communicate in their own words and in a nonthreatening manner. 95. Restorative justice shows very positive results in terms of victim, offender, family and community satisfaction. The parties involved, including child offenders, recognize that they have a greater opportunity to be heard, to enhance understanding of the various positions and to participate in the outcome of the process, while having a greater sense of control over this process. This is an important factor for the effective implementation of restorative justice programmes and helps to make the system more responsive to the rights of all those involved. (c) Avoiding the harmful effects of deprivation of liberty 96. The Study and the thematic report on prevention of and responses to violence against children within the juvenile justice system (A/HRC/21/25) highlighted the harmful effects of detention on children, and the serious risk of violence to children deprived of liberty. As these reports indicate, there is widespread overreliance on the incarceration of children, who are often held in pretrial detention or for minor offences. 97. Restorative justice provides an alternative for addressing offending and promoting accountability for the offence, while shielding children from the harmful effects of their involvement with the criminal justice system. It helps to prevent children’s deprivation of liberty while protecting them from violence, abuse and exploitation. (d) Freedom from stigma 98. In a conventional justice system, children are likely to suffer from the long-term consequences of having a criminal record, including difficulty in obtaining employment and engaging in community activities, such as sports. Living with social stigma can have a profound effect upon their self-esteem and feeling of self-worth. Differently from the retributive system, restorative programmes help to prevent such stigma, as they focus on the offence itself, rather than on shaming those associated with it. 99. In most legislative systems that have integrated restorative justice as diversionary or alternative measures,34 the successful completion of a restorative agreement will see the closure of the formal case by the court. This means that the child will be burdened neither by a criminal record, nor by the shame and humiliation of the offence. 2. The benefits of restorative justice in non-judicial settings 100. Schools can be an ideal environment in which to promote the development and dissemination of values of non-violence and respect for human rights among pupils and staff, and in the wider community.35 For this reason, schools in many countries promote 34 35 For example Australia, Canada, New Zealand, Norway, the Philippines and South Africa. See Special Representative on violence against children, “Tackling violence in schools: a global perspective” (2011). Available from http://srsg.violenceagainstchildren.org/sites/default/files/ consultations/schools/tackling_violence_in_schools_a_global_perspective.pdf. 19

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