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Thursday 24th of September 2020

Documentation Center

Rights-based Restorative Practice: Evaluation Toolkit


Shannon Moore. Assistant Professor Brock University

Abstract

This publication articulates the intersection between children’s rights and restorative justice principles both in theory and application by introducing the Rights Based Restorative Practice Evaluation ToolKit. The legal framework underpinning Rights Based Restorative Justice (RBRJ) was first developed and presented by the authors within the context of Canadian social policy and youth justice practices. Conceptualized through the lenses of the United Nations Convention on the Rights of the Child (CRC) and international standards relevant to restorative justice, the authors argue that RBRJ contributes to ethical practice with young people in conflict with the law, within schools, and the broader community within many states. It is further argued that adopting such practices promotes accountability with regard to commitments made within international law by all states who working towards implementatioon of the CRC, and to report progress from this transdisciplinary arena to the Committee on the rights of the Child. Until recently, literature linking child and youth human rights with restorative justice practices in Canada and elsewhere was rare. The toolkit allows the integration of human rights conventions and the United Nations Basic Principles of Restorative Justice and is intended for broad application by restorative practice stakeholders in child and youth justice, community-based, and school-based contexts. In the first instance, a rights-based approach for working with young people in conflict with the law has been guided by Article 40 (1) of the CRC ratified and adopted within 192 UN-member states. In the second, restorative justice principles similarly encourage hearing the voices of victims, offenders and young people through non-discriminatory, full and authentic participation in justice proceedings. Thus, the approach integrates and applies core principles from the CRC while reinforcing the basic tenets of restorative justice praxis: Non-discrimination, Equality and Mutuality with CRC Article 2; Well-Being and Restoration with CRC Article 3; Interpersonal and Community Safety with CRC Article 6; and finally Voice and Volunteerism with CRC Article 12. Finally, it is argued that to achieve effective outcomes for young people in conflict with the law a delicate balance that protects human rights, well-being and welfare through accountability within justice practice is necessary. This Evaluation ToolKit moves toward allowing stakeholders to determine if such a balance has been achieved.

S. A. Moore, ‘Rights Based Restorative Practice Evaluation ToolKit’. (2008). Minneapolis: Center for Human Rights, University of Minnesota.

2 See Moore, S. A . (2007). Restorative Justice. In R. B. Howe and K. Covell (eds.), A Question of Commitment: Children's Rights in Canada (Wilfred Laurier University: Waterloo, ON). pp. 179-208.

Scope

International

Year Language

2008 English

Category Type

Publications Research

Keywords

Community, Justice, Restorative, Rights

Format

Pdf file

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