Recognising that punishment is frequently unsuccessful was one of the reasons why Restorative Justice gained popularity in the 1970s. This philosophy focuses on encouraging individuals who committed illicit crimes to acknowledge and repair the harm they have caused.

It aims to mend the damage caused by crime and involves individuals and community members, instead of worrying about whether the individuals who committed a crime “receive what they deserve”. In fact, Restorative Justice was created to strengthen the Western legal system while addressing some of its needs.

Restorative Justice strives to be a response to the lack of a holistic and humanising view of the justice system, felt by the parties involved in a crime. In this newer process, there is the use of more inclusive strategies that meet the needs of victims and, consequently, minimise their psychological troubles^1,2.

The European Union Victims’ Rights Directive offers a straightforward definition of restorative justice:

‘Restorative Justice means any process whereby the victim and the offender are enabled, if they freely consent, to participate actively in the resolution of matters arising from the criminal offence through the help of an impartial third party (Article 2, para 1.d).’

Such a broad definition allows us to simply focus on the fact that a crime is a break of relationships, not merely of the law. Therefore, it should be dealt with by looking at the experiences and the practical reality of the people affected by it. With restorative justice, crime remains an affair to be dealt with by the individuals affected by it and not merely by criminal justice professionals³.

This underlines the need of exploring this method to better deal with offences and questions the way we look at criminal acts.

Europe underwent significant developments in the field of victims’ assistance, in the 1970s, specifically regarding the rights, support, and protection of victims of crime. At this time, as a result of not receiving the support they required from the court system, the number of victims in need of aid increased dramatically³, and an increasing number of victims began requesting Restorative Justice⁴.

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References

1 Wemmers, J.-A., & Cyr, K. (2005). Can mediation be therapeutic for crime victims? An evaluation of victims’ experiences in mediation with young offenders. Canadian Journal of Criminology and Criminal Justice, 47(3), 527–544. http://dx.doi.org/10. 3138/cjccj.47.3.527

2 Zehr, H (2005). Changing lenses. A new focus for crime and justice (3rd Ed.). Herald Press.

3 ERFJ (2021). MANUAL ON RESTORATIVE JUSTICE VALUES AND STANDARDS FOR PRACTICE.

4 ERFJ (2022). Restorative Justice and Gender-Based Violence. Online event.