Sabrina Illiano
Cairo, Egypt
Egyptian Foundation for the Advancement of the Childhood Condition (EFACC)
For the past several weeks, I have had the opportunity to work designing a restorative justice program for children as an alternative to traditional juvenile detention. Protecting the human rights and dignity of those within the criminal justice system is a branch of human rights discourse unto itself, and I’ve found it interesting and challenging to investigate how this branch intersects with children’s rights. Especially considering that our traditional system of crime and punishment is so ingrained, I’m intrigued by efforts to offer alternative models. From what I’ve learned thus far, I believe there could be a place for restorative justice in future discourses on children’s rights.
Programs based on restorative justice are centered around the principles of accountability, crime prevention, reparations, healing, and problem solving. Restorative justice takes the focus off of punishment for crimes, instead emphasizing rehabilitation and making amends. In doing so, it offers the possibility of removing the permanent stigma attached to those labeled as criminal offenders, and thus of a more positive, crime-free future. Programs of this nature can ensure the protection and effective reintegration of children in conflict with the law, children who are the victims or witnesses of crimes, and children who are at risk of belonging to either of these extremely vulnerable groups. While children are theoretically subject to the same human rights protections as adults in the criminal justice system, the unique nature of childhood and adolescence ensures that their needs differ from adult offenders or victims.
Restorative justice programs integrate respect for children’s rights into the criminal justice process by focusing on voluntary rehabilitation and reintegration. They maintain the human dignity of offenders while empowering victims through healing rather than retribution. This model has been successfully utilized for adult offenders in countries such as Norway, where it has had a positive impact reducing rates of recidivism.
I’m wary, however, of accepting restorative justice at face value as a solution to traditional methods of criminal justice. Restorative justice programs are significantly more expensive than the classic crime and punishment model because the require a larger investment of time, resources, and personnel. How can we convince governments that restorative justice is worth the financial investment in the long term? Could this type of program be successfully implemented in areas with unstable governments, where children are often most at risk of the worst violations in the criminal justice system, since governments of this type often are not suited to following through on long-term goals? What about in places where prisons are a privatized industry? What would be an incentive for corporations to invest in more expensive programs designed to reduce recidivism when their business is at least partially based on more bodies equals more capital? These are questions I’ve been struggling with since delving into restorative justice with EFACC and I hope to learn more in the future about how this topic can be integrated into human rights discourse.