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conciliation, conferencing and sentencing circles. Common to all approaches is the
focus on healing, respect and strengthened relationships.
49. In the context of the criminal justice system, child-sensitive restorative justice
may involve bringing together the victim, the offender, his or her parents or
guardians, child protection and justice actors, and the community, in a safe and
structured environment. Through a non-adversarial and voluntary process, based on
dialogue, negotiation and problem-solving, restorative justice aims to rehabilitate
and reintegrate the young offender, through helping to reconnect him or her with the
community, and ensuring that the offender understands the harm caused to the
victim and the community and acknowledges accountability for criminal behaviour
and reparation of its consequences.
50. Restorative justice promotes a paradigm shift: rather than assess how much
punishment is inflicted, it measures how much harm is repaired or how much
recurrence of violence is prevented through an effective process of reintegration of
young offenders into society.
51. This process is framed by significant international standards on the protection
of the rights of children involved with the criminal justice system. 18 The
Convention on the Rights of the Child, recognizes the right of every child alleged
as, accused of, or recognized as having infringed the penal law to be treated in a
manner consistent with the promotion of the child’s sense of dignity and worth so as
to reinforce the child’s respect for the human rights and fundamental freedoms of
others, taking into account the age of the child and the desirability of promoting his
or her social reintegration, and his or her assumption of a constructive role in
society (article 40 (1)). The Convention encourages the establishment of a separate
justice system specifically applicable to children (article 40 (3)); anticipates
measures to deal with the child without resorting to judicial proceedings, provided
that human rights and legal safeguards are fully respected (article 40 (3) (b)); and
foresees a variety of dispositions to ensure that children are dealt with in a manner
appropriate to their well-being, and proportionate both to their circumstances and to
the offence (article 40 (4)).
52. The Economic and Social Council adopted basic principles on the use of
restorative justice, encouraging the development of mediation, conciliation,
conferencing and sentencing circles as an effective alternative to formal criminal
justice mechanisms. 19
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18
19
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These include the Convention on the Rights of the Child, the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (the Beijing Rules) (General Assembly
resolution 40/33, annex); the United Nations Guidelines for the Prevention of Juvenile
Delinquency (the Riyadh Guidelines) (Assembly resolution 45/112, annex); Rules for the
Protection of Juveniles Deprived of their Liberty (Assembly resolution 45/113, annex); and the
Guidelines for Action on Children in the Criminal Justice System (Economic and Social Council
resolution 1997/30, annex).
See, for example, Economic and Social Council resolution 1999/26 of 28 July 1999 on the
development and implementation of mediation and restorative justice measures in criminal
justice; Council resolution 1998/23 of 28 July 1998 on international cooperation aimed at the
reduction of prison overcrowding and the promotion of alternative sentencing; and Council
resolution 1997/33 of 21 July 1997 on elements of responsible crime prevention: standards and
norms.
13-41970
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