Restorative Justice and mediation in Europe

Ivo AertsenK.U.LeuvenEuropean Forum for Victim-Offender Mediation and Restorative JusticeAngers, May 6, 2004

Defining Restorative Justice in a European context

Restorative Justice as a principled approach to crime and criminal justiceRJ in a strict sense: concrete methods– Victim-offender mediation (VOM)– Family group conferences– Sentencing circles

RJ in a broad sense A European approach

Restorative Justice definitions (1)

‘Restorative justice is a process whereby parties with a stake in a specific offence resolve collectively how to deal with the aftermath of the offence and its implications for the future’.

(T. Marshall, 1999)

Restorative Justice definitions (2)

‘Restorative justice is a problem-solving approach to crime which involves the parties themselves, and the community generally, in an active relationship with statutory agencies. It is not a particular practice, but a set of principles which may orientate the general practice of any agency or group in relation to crime.’

(T. Marshall, 1999)

Restorative Justice definitions (3)

‘Restorative Justice seeks to balance the concerns of the victim and the community with the need to reintegrate the offender into society. It seeks to assist the recovery of the victim and enable all parties with a stake in the justice process to participate fruitfully in it’.

(Restorative Justice Consortium, 1998)

VOM in Europe (1)

General developments within the countriesQuantitative impactTypes of casesOrganisational structures

VOM in Europe (2)

Legislation– Juvenile Justice Act– Code of Criminal Procedure/Criminal Code– Autonomous mediation law

Mediation methodology– Process– Communication– Role of the mediator– Leading principles (neutrality, voluntariness, confidentiality)

VOM in Europe (3)

Evaluative findings– Willingness to participate– Degree of satisfaction– Agreements and compliance– Re-offending– Work and time– Financial cost

Europe: supranational developments (1)

Bilateral and regional co-operationCouncil of Europe– Training– Recommendation + follow up– Handbook

Recommendation R(99)19 concerning mediation in penal

mattersI. DefinitionII. General principlesIII. Legal basisIV. The operation of criminal justice in relation to mediationV. The operation of mediation services

V.1. StandardsV.2. Qualifications and training of mediatorsV.3. Handling of individual casesV.4. Outcome of mediation

VI. Continuing development of mediation

Europe: supranational developments (2)

European Union– Communication on Crime Victims (1999)– Council Framework Decision (2001)

Council Framework Decision 15 March 2001 on the standing of victims in criminal proceedings

Art. 10:‘1. Each Member State shall seek to promote

mediation in criminal cases for offences which it considers appropriate for this sort of measure;

2. Each Member State shall ensure that any agreement between the victim and the offender reached in the course of such mediation in criminal cases can be taken into account.’

Europe: supranational developments (3)

Co-operation in general: European Forum for Victim-Offender Mediation and Restorative Justice– Objectives– Target groups– Structure– Activities

• Networking• Committees• Newsletter• Conferences• Projects (eg. on training and support to implementation)

– http://www.euforumrj.org

Europe: supranational developments (4)

Research: COST Action A21 on Restorative Justice Developments in EuropeTraining in general: European Master in Mediation

United Nations

Basic Principles on the use of Restorative Justice Programmes in criminal matters(Commission on Crime Prevention and Criminal Justice, April 2002)