A/HRC/25/47 offence has had on their lives. The victims speaking on the panel are not the victims of the offences committed by the offenders present. These panels are commonly used as a form of diversion or as part of a probation sentence for children who have been found guilty of driving under the influence of drugs or alcohol. C. Promoting restorative justice for children — key questions 1. When is restorative justice appropriate? 73. For the justice process to be truly restorative there must first be sufficient evidence to support the charge against the child (a prima facie case), and the alleged offence must fall within the scope of offences eligible for diversion as defined by the law.27 The child offender must admit responsibility for the offence and the entire process must be undertaken voluntarily — this demonstrates the offender’s willingness to participate in the process and make amends. A child’s admission of responsibility must never be obtained through undue pressure or coercion. It is also necessary to obtain the consent of the child’s parent(s), guardian or the responsible adult, as well as the voluntary consent of the victim, without coercion or undue pressure, to diversion to a restorative process. 74. If a case meets the requirements, restorative justice can be used to replace formal justice processes by means of diversion, or to complement them as part of a court proceeding, as a sentence or as a dimension of the child’s reintegration. 2. How do restorative justice processes protect children from discrimination and promote inclusion? 75. Restorative justice processes enable stakeholders to engage in dialogue concerning negative behaviour and discuss underlying reasons for the behaviour. This in turn helps to identify and address inequalities and prejudice in a constructive manner, and to break down discrimination and foster empathy and understanding among the parties concerned. 76. For children who are marginalized or face discrimination on the basis of gender, disability, ethnic origin, socioeconomic status or similar grounds, restorative processes offer the possibility of avoiding a formal justice system where they may be at risk of revictimization. 77. In cases involving family violence or sexual violence, however, restorative processes should only be used when appropriate to prevent risks to the physical and emotional safety of the victim and to secure children’s protection. (a) Assessing underlying factors 78. The restorative programme must treat children differently from adults and each child’s specific situation must be taken into account. This includes personal risk factors associated with offending, including mental health conditions that may be caused by trauma and violence experienced in a child’s early years. 79. Other risk factors include poverty and deprivation associated with an unstable family environment, homelessness, and exposure to community or gang violence. Individual and structural discrimination are also significant, as demonstrated by the continuous overrepresentation of ethnic and minority groups in the justice system. 27 16 See for example the Child Justice Act (Act No. 75 of 2008) of South Africa, art. 52 (a–e). Available from www.info.gov.za/view/DownloadFileAction?id=108691.