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restorative justice practices to prevent and respond to bullying and violence in the
playground and address serious offences within the school, including rape.
101. Models of restorative justice in school may involve teaching conflict resolution,
promoting peace studies, training student mediators to resolve conflicts among their peers
and, in some cases, bringing parents and teachers together to play a supportive role in the
mediation process. Peer mediation is used to help students to address issues at the root of
their disputes and build their resolution skills.
102. Research also confirms the positive results achieved with restorative justice
processes in residential care settings. They help to lower incidents of violence against
children, to prevent the use of violence by children and to promote positive behaviour by
staff and young people, while contributing to the prevention of the criminalization of
children.36
3.
The benefits of restorative justice for the parties involved
103. Research consistently confirms that results for restorative processes are
overwhelmingly positive in terms of satisfying the need for fairness and justice among all
parties involved. Most importantly, these processes promote a greater involvement of the
victim, and victims systematically indicate that their views are better respected in
restorative justice processes than in court.37
104. Victims are also more likely to receive an apology from the offender if they follow a
restorative process rather than a court-based procedure. Evaluations also indicate that
victims identify symbolic restitutions as more important than material restitution.
4.
The benefits of restorative justice for society
105. The Study found that institutionalization creates an unnecessary financial drain on
budgets and that institutionalization in a closed environment can be as much as 12 times the
per capita cost of community-based care options.38
106. There are high personal costs incurred by children who become involved with the
justice system, and the costs to society are also high, including the cost of judicial
proceedings and of keeping children in detention facilities.
107. Restorative justice helps reduce costs associated with offending and reoffending.39
More importantly, children who complete community-based restorative justice programmes
are more likely to return to school and increase their chances of becoming productive
members of society.
36
37
38
39
20
See Natasha Willmott, “A review of the use of restorative justice in children’s residential care”
(National Children’s Bureau, London, 2007).
For example, in Queensland, Australia, an analysis of data collected by the Department of Justice
showed that, of 351 offenders, parents and victims interviewed, 98 per cent said the restorative
process was fair, and 97 to 99 per cent said they were satisfied with the agreement reached in the
conference. A study conducted in Western Australia found similar results regarding perceptions of
fairness and justice among offenders, victims, and families. See Kathleen Daly and Hennessey Hayes,
“Restorative justice and conferencing in Australia”, Trends & Issues in Crime and Criminal Justice,
No. 186 (February 2001), p. 4.
World Report on Violence against Children (United Nations, 2006), p. 206.
See Estudio y análisis sobre costo/beneficio económico y social de los modelos de justicia juvenil en el
Perú (Terre des hommes). Available from www.justiciajuvenilrestaurativa.org/documentos/informe.pdf.
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