Restorative justice: policy and practice framework
Guidance on the practice of restorative justice (RJ) in Scotland in relation to adults and children. It sets out minimum standards and expectations against which RJ practice can be benchmarked, monitored and evaluated to ensure consistent delivery in line with RJ principles.
15. Restorative justice and the rights of the child
15.1 In line with UNCRC, RJ must be rights respecting in the preparation and delivery of any process. This information sheet[xiv] from CYCJ considers RJ within relevant articles of the UNCRC including:
- Article 2 (non-discrimination)
- Article 3 (the best interests of the child)
- Article 40 (juvenile justice)
15.2 Furthermore, in order to respect article 12 of the UNCRC (respect for the views of the child), a Know your rights at each stage of any restorative justice process[xv] interactive resource is aimed at the beneficiaries of the UNCRC.
15.3 There is a statutory duty on agencies to give “paramount consideration” to the welfare of the child in any decisions made about them. This applies equally to when it is a child who has been harmed or has caused the harm. Any RJ process must adhere to this principle, while taking a balanced and considered approach to the needs and interests of all affected parties.
Contact
Email: restorative.justice@gov.scot