Restorative justice and the human rights of offenders : convergences and divergences

Ward, Tony and Langlands, Robyn L. 2008, Restorative justice and the human rights of offenders : convergences and divergences, Aggression and violent behavior, vol. 13, no. 5, pp. 355-372, doi: 10.1016/j.avb.2008.06.001.

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Title Restorative justice and the human rights of offenders : convergences and divergences
Author(s) Ward, Tony
Langlands, Robyn L.
Journal name Aggression and violent behavior
Volume number 13
Issue number 5
Start page 355
End page 372
Publisher Elsevier Science
Place of publication New York, N. Y.
Publication date 2008-10
ISSN 1359-1789
Keyword(s) restorative justice
human rights
Summary Restorative justice has gained significant momentum as a justice reform movement within the past three decades, and it is estimated that up to one hundred countries worldwide utilize restorative justice practices. Although claims about the role of restorative justice in protecting human rights are repeatedly made in the restorative justice literature, they are seldom supported by empirical evidence or a thorough analysis of human rights and their justification. In this paper, we discuss how the assumptions underpinning restorative justice practices impact on offenders' human rights, and their points of convergence and divergence. We argue that while these assumptions can protect certain offender rights, they may violate others. We finish with some suggestions about how to reconcile the tensions between human rights and restorative justice, focusing in particular on the relationship between community needs and individual well-being.
Language eng
DOI 10.1016/j.avb.2008.06.001
Field of Research 170199 Psychology not elsewhere classified
Socio Economic Objective 970117 Expanding Knowledge in Psychology and Cognitive Sciences
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2008, Elsevier.
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Document type: Journal Article
Collections: Faculty of Health
School of Psychology
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