Manual sobre programas de justicia restaurativa

What this is about

This handbook presents concepts, principles, and models of restorative justice, together with guidance for designing, launching, and evaluating programs. It is addressed to criminal justice officials, nongovernmental organizations, and community groups working on responses to crime. Its approach promotes the participation of victims, offenders, and, where appropriate, the community, in order to address the harms and their consequences. It describes different modalities, such as mediation, family conferences, and sentencing circles. It also examines the safeguards, risks, and institutional conditions needed to implement these programs in different legal, social, and cultural contexts.

Annotated table of contents

• Introduction. Sets out the purpose of the handbook and its relationship to United Nations guidance. Presents restorative justice as an adaptable complement to criminal justice systems.
• 1. Restorative justice. Defines concepts, characteristics, premises, values, and objectives. Positions the participation of the parties and the repair of harm as the axes of the approach.
• 2. The use of restorative methodologies. Describes intervention models and their possible links to different stages of the criminal justice system. Includes mediation, conferences, circles, youth programs, and customary practices.
• 3. Principles and safeguards. Presents guidelines for the use of programs and protections for those who participate. Covers consent, information, confidentiality, and the oversight of agreements.
• 4. From principles to practice: implementing restorative justice programs. Walks through design decisions, regulatory frameworks, leadership, and institutional collaboration. Also addresses the training of facilitators and community participation.
• 5. The dynamics of restorative justice interventions. Describes the roles of participants and different forms of dialogue. Analyzes precautions, power imbalances, and difficulties that may arise.
• 6. Program operation. Deals with referrals, agreements, their follow-up, and support services. Includes the program's relationship with the community and the media.
• 7. Program monitoring and evaluation. Explains why to evaluate, what information to gather, and which methodological difficulties to consider. Reviews studies on recidivism and other outcomes.
• Conclusion. Recaps the topics of the handbook and notes the diversity of possible programs depending on each context.
• References and bibliographic resources. Brings together references to cited publications and materials related to restorative justice.
• Annex I: Useful online resources. Presents websites and organizations connected with restorative justice.
• Annex II: United Nations Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters. Includes principles on terminology, use, safeguards, operation, and evaluation of programs.
• Annex III: Controversies and disagreements about the essential characteristics of a restorative justice program. Sets out different conceptions of the approach and debates about its scope, its results, and the participation of the parties.

Key ideas

• Restorative justice seeks to address the harms arising from crime and to involve those affected in the search for responses.
• The needs of victims, the accountability of offenders, and community participation are relevant elements of the process.
• Programs can take different formats and operate at different stages of the criminal justice system.
• Participation requires free and informed consent, conditions of safety, and protection of rights.
• Agreements must be voluntary, reasonable, and appropriate to the circumstances; their fulfillment requires follow-up.
• Program design requires collaboration among judicial institutions, community organizations, and other actors.
• Evaluation must consider both data on cases and agreements and the experiences of those who participate.
• Models must be adapted to each context and take into account risks such as revictimization and power imbalances.

Practical uses

• Which restorative justice modalities can be considered for a case or a community?
• Which criteria and conditions should be assessed before referring a case to a program?
• Which safeguards must be in place so that participation is voluntary, informed, and safe?
• Which aspects must be defined when designing a program, from its agreements to the follow-up of their fulfillment?
• What information can be gathered to monitor and evaluate how a program is working?

Key terms

restorative justice, restorative process, programs, mediation, family conferences, sentencing circles, informed consent, reparation of harm, facilitation, case referral, safeguards, community participation, follow-up, evaluation