Restorative Justice and Human Rights

Restorative justice represents an innovative paradigm within modern criminal justice, designed to complement traditional legal responses by emphasizing dialogue, accountability, and reparation. Closely linked to human rights standards, it provides a framework in which victims, offenders, and communities actively participate in addressing harm, fostering reconciliation and trust in justice systems.

This material explores the theoretical and legal foundations of restorative justice, situating them within the broader context of international and European human rights instruments, such as the European Convention on Human Rights (ECHR) and the EU Victims’ Rights Directive (2012/29/EU). Special focus is given to the voluntary and participatory nature of restorative processes, the protection of fundamental rights, and the institutional safeguards necessary to ensure fairness and equality.

Key areas of analysis include:

• Conceptual underpinnings of restorative justice and its distinction from punitive models.

• Human rights implications, including safeguards against secondary victimisation and power imbalances.

• Applications in practice, such as victim-offender mediation, community conferencing, and restorative circles.

• Sectoral relevance, from juvenile justice to prison reform and transitional justice in post-conflict contexts.

• Comparative perspectives, examining models adopted across Europe and beyond.

By linking restorative justice to the protection of human dignity, procedural fairness, and victims’ participation, this module highlights its potential to contribute to both individual healing and systemic reform. It demonstrates how restorative practices, when aligned with human rights standards, can serve as an effective tool for accountability, social cohesion, and democratic justice.