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.
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