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Violence against women: restorative justice solutions in international perspective.
from the paper by Fernando Vázquez-Portomeñe Seijas: Cases of isolated and slight aggressions suffered by victims with enough social and personal resources (who have denounced the facts or taken other decisions to finish with the situation of violence) are suitable for mediation. The resource to mediation should be excluded, on the other hand, in cases with incidence of chronic or long-term violence and domination. The aggressor will possess such influence and power that the probabilities of reaching a completely voluntary agreement and that this agreement considers the interests of both parts will be scanty.
Located in Restorative Justice Online Blog -- RJOB
RJ Article Hartmann, Arthur. Legal provisions on restorative justice in Germany.
"Tater-Opfer-Ausgleich" (TOA) is the quasi-official German term for restorative justice and victim offender mediation. TOA is on the one hand a practical concept developed by a grassroots movement and the reform effected by it on the criminal justice system and on the the other had a legal term defined in Section 46a of the German Criminal Code and Section 10 subsection 7 of the Juvenile Criminal Court Act. These two aspects have to be kept in mind when discussing restorative justice and TOA. (excerpt)
Located in articlesdb / articles
RJ Article Früchtel, Frank. System Rationality Encounters Lifeworld Rationality: The SONI Approach to FGC .
Family group conferencing (FGC) has been used in New Zealand since 1989. This new way of care and protection support planning was triggered by an accusation of “institutionalised racialism” (Puao te ata tu, 1988, p. 25) by the then Department of Social Welfare towards Maori tikanga (customs and traditions). This historic mind-set denied Maori families their own ways of problem solving and decision making, thereby prolonging the process of colonisation as “institutional decisions were being made for, rather than by, Maori people” (ibid p.18). FGC has begun to be adopted in Germany for non-racist issues in response to the general unwanted side effects of care and protection work. This article examines the hypothesis that what makes FGC necessary is not the issue of racism but a more fundamental phenomenon of administration, law, professionalism and modern government. We will argue that FGC is a legal procedure needed to cure the side effects of a welfare state’s procedures. (excerpt)
Located in articlesdb / articles
Three-year research project on mediation and restorative justice in prison settings
from the flyer announcing the project: The Mediation and Restorative Justice in Prison Settings Project is a three year international exchange project funded by the European Commission, between the counties of Germany, Hungary and the UK. The project will identify, exchange and develop best practice for the use of restorative justice (“RJ”) with the most serious crimes, particularly those against persons and property attracting a custodial sentence. Research suggests that RJ can have the biggest impact on the lives of victims and offenders where such serious crimeshave been committed.
Located in Restorative Justice Online Blog -- RJOB
File Violence against women: restorative justice solutions in international perspective.
Author: Fernando Vázquez-Portomeñe Seijas In Austria and Germany specialized intervention programmes have adapted the classic principles of penal mediation in order to work with domestic violence cases. This adaptation means introducing changes in several aspects: the duration of the sessions and intervention times, the support of both parts at the moment of presenting their interests, the incorporation of result controls and of the indirect (shuttle) mediation, the incorporation of probation periods and of balance dialogs… In this article will be presented some aspects of the practical execution of the programs: those related to the proceedings orientated to correct the power imbalances and reinforce the position of the disadvantaged part (empowerment strategies), particularly the incorporation of two mediators (a man and a woman) and the coordination with the institutions and agencies that can offer the “resources” that are necessary to reinforce the social links of the victim inside the community. (author abstract)
Located in Restorative Justice Online Blog -- RJOB
File Hagemann, Otmar. (2010) "Gemeinschaftskonferenzen" in Elmshorn -- the first German family group conferencing project in criminal matters.
This article presents the first German project to use restorative conferencing in criminal matters. First, some terms are defined. Then the legal background in Germany and some shortcomings are outlined before the implementation and the practice of the project is described. Finally initial results are presented and the chalienges which have to be overcome are discussed. (excerpt)
Located in Full-Text Documents at RJ Online
RJ Article Morgan, Karie L. Remembering against the nation-state: Hereros' pursuit of restorative justice
One hundred years after committing a genocide, the German government offered an apology to Hereros in Namibia, thereby making a significant step towards meeting their demands for restorative justice. In combination with changes to how the genocide was understood in Namibia and in Germany, the occasion of commemorating the genocide – which offered new contexts for remembering – marked a turning point in the way this past was remembered in both countries. (Author's Abstract)
Located in articlesdb / articles
Comment Restorative Justice is not only mediation
I read the title and I thought it was going to be about RJ, but as usually it only speaks about mediation, and it is [...]
Located in Restorative Justice Online Blog -- RJOB / Violence against women: restorative justice solutions in international perspective. / ++conversation++default
Comment evidence-based research and RJ
This is very excitng news. We need good solid evidence-based research to support what we already know: restorative justice works with all offenders regardless of [...]
Located in Restorative Justice Online Blog -- RJOB / Three-year research project on mediation and restorative justice in prison settings / ++conversation++default
RJ Article Mackay, Robert. Punishment, Guilt and Spirit in Restorative Justice - An Essay in Legal and Religious Anthropology
In his paper Mackay identifies anthropological findings- particularly in the fields of ancient law and religion- that challenge the advocacy of restorative justice. Specifically, according to Mackay, legal anthropology shows that 'restorative' ideas and practices can coexist with retributive and punitive ideas and practice -such as appeasement of the dead and other spirits, and sacrifice. In this context Mackay re-examines the “genealogy�? of punishment, the meaning of guilt, and beliefs and actions relating to the spirit realm. He concludes that proponents of restorative justice cannot talk of replacing retributive justice without taking into account the powerful dynamics of punishment, guilt, and spirit.
Located in articlesdb / articles