Restorative Approach Examples Youth Justice Programs Adult Justice

Restorative Approach Examples • • • Youth Justice Programs Adult Justice Programs Restorative Approach in Schools Workplace Conflict Resolution Truth Commissions/ Peacebuilding Processes What do these examples share in common?

Restorative Approach is a Relational Approach • What is a relational approach? – Rooted in a relational idea of human beings and the world – Relevant for all levels of relationship (interpersonal, social, institutional, nation to nation) – Relationship can be healthy or unhealthy, harmful or positive – Approach is central to recognizing, understanding and addressing harmful relationships – “restored” relationships focused on conditions in relationship that enable social equality – equality of relationships which requires equal respect, concern/care and dignity

Umbrella Concept Restorative Approach Practices Strategies Policies/Procedures Processes

A Restorative Approach to Human Rights • Restorative approach is not simply a practice applied to reach a settlement and abandoned if agreement is not possible • It is an approach – a way of thinking about human rights and their protection • Restorative approach informs each stage of the process from commission to Board/Tribunal. • Including approach to work within commissions

Why Take The Restorative Approach to Human Rights? • Conceptual framework to understand human rights and discrimination • Fits with the understanding of human rights as public law (more than private dispute settlement) • Grounds an understanding of what is required to address discrimination (forward-focused/remedial, accommodation about relationship) • Offers processes capable of supporting sustainable accommodation • Supports the broader educational mandate of the Commission

Principles of a Restorative Approach (Principles for Practice) • Relationship focused – Contextual /Flexible • Subsidiarity • Inclusive • Participatory/Dialogical • Democratic/Deliberative • Comprehensive/holistic (not only incident focused, takes into account the contexts and causes) • Forward-focused (remedial)

A Restorative Approach to Human Rights • Aim: to developing understanding of what happened & its affects among the parties and determination of what is needed to move forward. • Understanding of what matters about what happened • Understanding not agreement • Identify issues that need further clarification or attention • NOT mediator or investigator • Facilitator an understanding amongst the parties

Responding Restoratively When Things Go Wrong • Challenges our learned assumptions about what is required when things go wrong • Criminal justice system looks backward in order to ascribe individual blame and punishment to “even the score” • BUT this is not the goal of Human Rights Protection

Responding Restoratively • Restorative approach is not focused on blame but on addressing the harm and ensuring it does not happen again • Establishes plans for the future that provide meaningful responses to support future behaviour and healthy relationships.

Responding Restoratively • The restorative approach looks back in order to understand: – what happened – who was affected/harmed – who was responsible • The looks forward to: – what needs to be done to address the harm and relate in a better way

Responding Restoratively • Seeks to understand the context and causes of a harm • Does not simply focus on the harm-doer and one harmed but asks who else was involved or affected (and who can affect the outcome) and brings them into the process • Reveals where individual harm is connected to broader or systemic issues

Putting the Principles into Practice Focuses attention on a number of process and practice issues: • Goal/Purpose of processes (role of meeting between parties and the agreement or “settlement”, role of board/tribunal chairs) • Who needs to be included in the process and why? • Approach within the process the role of “mediator” or commission staff

Benefits of A Restorative Approach • Better information – Relational truth • Better outcomes – legitimacy because inclusive/participatory/subsidiarity – more likely to be carried out cause it is the parties plan but also based on an understanding of the intentions of the plan • Broader effects – Beyond the “dispute” to address the “conflict” – Systemic Issues (integrated educational mandate) – Capacity building for parties into the future