Manual on Restorative Justice Values and Standards for Practice

What this is about

This manual from the European Forum for Restorative Justice (EFRJ) seeks to translate the values and principles of restorative justice into concrete standards for everyday practice. It is addressed to facilitators, to those who manage restorative services, and to policymakers who need to draw up national standards or guidelines. It starts from the observation that very diverse practices are called restorative in Europe and that international instruments rarely explain how to apply their principles. It organizes its content around six principles and, for each, presents standards of practice, values that raise quality, and risks that may affect it. It presents itself as a guiding tool, not as a single model of good practice.

Annotated table of contents

• The need for a manual on values and standards. Explains why the field needs minimum standards and reviews the international framework that motivates them, including Directive 2012/29/EU, the United Nations, and the Council of Europe. Clarifies the scope and limits of the document.
• How to read this manual. Describes how the text is organized by principle and the structure repeated in each.
• Key definitions. Presents the definition of restorative justice adopted by the Forum and a glossary of terms such as harm, participants, supporters, victim, offender, indirect processes, facilitator, values, principles, and standards. Points out situations requiring special attention, such as serious or repeated harm and power imbalances.
• Four values for restorative justice. Sets out the four core values the Forum had adopted earlier: human dignity, solidarity, accountable justice, and truth through dialogue.
• Standards of practice guided by principles. Introduces the function of standards as safeguards of rights and as a way of holding services accountable for the quality and ethics of their work.
• Overview of the restorative process. Offers a graphic summary of the six principles and the purpose of each within the process.
• The principle of restoration and reparation. Develops how the process can repair harm, restore relationships, and prevent further harm, and how agreements should be formulated. Lists risks such as discrimination, revictimization, and forced apologies.
• The principle of voluntariness. Covers informed consent, the offender's acknowledgment of responsibility, and the possibility of withdrawing at any time without procedural prejudice. Warns about undue pressure and lack of information.
• The principle of inclusion. Addresses the selection of participants, the role of supporters, lawyers, and the community, cultural adaptation, and risk assessment. Points to dangers such as stigmatization and instrumentalization of the process.
• The principle of participation. Deals with the preparation of each participant, the conditions of direct or indirect meetings, and preventing anyone from dominating the dialogue. Details limits for supporters and lawyers.
• The principle of commitment. Analyzes follow-up and support for compliance with agreements, the proportionality of commitments, and recognition of what has been fulfilled. Proposes restorative responses to non-compliance.
• The principle of confidentiality. Explains what must be reported about confidentiality and its exceptions, consent for the presence of observers, and the obligations of the facilitator. Mentions the risks of insufficient training and of a legal framework that does not protect confidentiality.
• Conclusion and recommendations. Reaffirms the guiding nature of the manual, announces complementary materials from the Forum, and invites dialogue between countries and professions.

Key ideas

• For a practice to be considered restorative it must meet minimum standards based on shared values and principles.
• The four reference values are human dignity, solidarity, accountable justice, and truth built through dialogue.
• The six principles that organize practice are reparation, voluntariness, inclusion, participation, commitment, and confidentiality.
• The guarantees provided for victims must also extend to offenders and to those who take part from the community.
• The outcomes of the process must come from the participants; the facilitator's task is to create and sustain the conditions for this to happen.
• A process can have value even if it does not end in an agreement, and any agreements reached must be concrete, proportionate, and reviewable.
• Prioritizing efficiency, costs, or statistical targets over quality is one of the risks that recur across all the principles.
• Cases of serious harm, vulnerability, or power imbalance require facilitators with specific training and careful process design.

Practical uses

• What minimum conditions must a service meet to offer safe and competent restorative processes?
• How is valid informed consent obtained, and what must each participant know before deciding?
• Whom should be invited to a process, and how is the role of supporters and lawyers defined?
• What are the limits of confidentiality, and how are they communicated to participants?
• What indicators make it possible to review the quality of a program or to draft a protocol for a new service?

Key terms

restorative justice, standards of practice, values, principles, reparation of harm, voluntariness, informed consent, inclusion, participation, commitment, confidentiality, facilitator, supporters, revictimization, power imbalance