RESTORATIVE JUSTICE RELATED RESEARCH AT THE LEUVEN … · 2012-06-18 · Restorative Justice...
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RESTORATIVE JUSTICE RELATED RESEARCH AT THE LEUVEN INSTITUTE OF CRIMINOLOGY
2000 - 2012
Research Line ‘Restorative Justice’ - June 2012 -
KATHOLIEKE
UNIVERSITEIT
LEUVEN
Restorative Justice related research 2000-2012 - 1
Introduction
Within the Leuven Institute of Criminology (LINC), research is organised around 10 research lines. One of
these is the ‘Restorative justice’ research line, grouping more than 20 researchers doing different types of
research on various aspects of restorative justice. This is done in close cooperation with some other
research lines, such as ‘Youth criminology, ‘Offenders, sentencing and penal measures’, ‘Victims and victim
policies’, ‘Political crimes, human rights and human security’ and ‘Organised crime, drugs and terrorism’.
The interest of Leuven criminologists for restorative justice stems from the late 1980s, when research
on juvenile delinquency and on the needs of victims and their position in criminal justice procedures guided
them into a new and innovative direction. From the early 1990s, various action oriented research projects
were set up, focusing on new intervention models such as victim-offender mediation for serious crimes,
family group conferences and restorative justice in prisons. Later, doctoral research projects dealt with
restorative justice related issues. Moreover, members of the Leuven group took the lead in establishing
international organisations and networks in this domain, including the European Forum for Restorative
Justice and the international Network for Research on Restorative Justice.
A number of restorative justice research projects within LINC is explicitly practice and policy oriented, at
a national or international level. Other projects focus on more fundamental and theoretical questions.
However, special attention is always paid to the interrelation between restorative justice theory and practice.
Through empirical research and direct participation, the field of restorative justice not only offers a particular
fertile soil for the cross-fertilisation of theory and practice, but also provides, via a process of ongoing
redefinition of crime and its responses, unique opportunities for criminological research from an
interdisciplinary perspective.
The research conducted by the members of the research line Restorative Justice focuses on the
following domains and topics:
1. Restorative justice policies and regulation
i. Relation to criminal justice
ii. Legislation
iii. Policies at national and local level (implementation, organisation, function mediators
or facilitators, …)
iv. International policies and cooperation
2. Restorative justice practices
i. Restorative justice models
ii. Restorative justice fields of application
3. Psycho-social dynamics in restorative justice
i. Processes
ii. Effects
iii. Role of emotions
4. Restorative justice and society
5. Socio-ethical and legal-theoretical foundations of restorative justice
The current and recently concluded research projects of the research line are briefly presented on the
following pages (subsection A), as are the projects that members of the research line were involved in as
coordinators (subsection B). Furthermore, Restorative Justice: An International Journal is presented. This
scientific and international journal was launched on the initiative of the research line (subsection C).
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Table of contents
Introduction ........................................................................................................................................................................ 1
Table of contents ................................................................................................................................................................ 2
Members of the Restorative justice research line .............................................................................................................. 4
Published books on restorative justice by Linc members (since 2000) ............................................................................ 11
Research topics and projects ............................................................................................................................................ 13
Overview of completed and ongoing projects.................................................................................................................. 13
A. RESEARCH PROJECTS ................................................................................................................................................ 14
1. RESTORATIVE JUSTICE POLICIES AND REGULATION ...............................................................................................14
Meeting the challenges of introducing victim-offender mediation in Central and Eastern Europe................................. 14
Restorative justice: an agenda for Europe – Part 1. Meeting the challenges of introducing restorative justice in
Southern Europe ............................................................................................................................................................... 15
Restorative Justice: an agenda for Europe - Part 2. European Union policies and regulation ......................................... 16
Promoting the practice of victim-offender mediation - Turkey ....................................................................................... 17
Restorative Justice vs Juvenile Delinquency: The Baltic States in European Dimension .................................................. 18
Working towards the creation of European training models for practitioners and legal practitioners in relation to
restorative justice practices .............................................................................................................................................. 19
Victim-offender mediation with juvenile offenders in Europe ......................................................................................... 20
2. RESTORATIVE JUSTICE PRACTICES ..........................................................................................................................21
Conferencing: a way forward for restorative justice in Europe ........................................................................................ 21
Conferencing for serious juvenile delinquency ................................................................................................................ 23
Implementing Peacemaking Circles in Europe ................................................................................................................. 25
Developing standards for assistance to victims of terrorism ........................................................................................... 26
Linkedness in schools ........................................................................................................................................................ 27
Family Group Conferences in schools ............................................................................................................................... 29
Mediation at police level .................................................................................................................................................. 30
Restorative Justice in prison (Project Herstelgerichte Detentie) ...................................................................................... 31
Mediation and Restorative Justice in prison settings ....................................................................................................... 33
Mass victimization and restorative justice. In search for the possibilities to apply restorative justice principles in the
context of dealing with the past. Case Study South Africa ............................................................................................... 34
Mass victimization and restorative justice. In search of the position of restorative justice in an integrated approach to
mass victimization in post-conflict situations. Case studies in Bosnia-Herzegovina and Serbia ...................................... 35
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Mass Victimization and Restorative Justice in Colombia: Pathways towards Peace and Reconciliation? ....................... 36
Mediation and community oriented measures in cases of hate crime and discrimination ............................................. 37
Training in International Family Mediation ...................................................................................................................... 38
3. PSYCHO-SOCIAL DYNAMICS IN RESTORATIVE JUSTICE ...........................................................................................39
Perceptions of justice and fairness in criminal proceedings and restorative encounters: Extending theories of
procedural justice ............................................................................................................................................................. 39
Victim-offender mediation and victim’s restoration. A victimological study in the context of restorative justice .......... 40
Desistance from crime: cognitive processes at work in spontaneous adult desistance, with special attention to the
effects of restorative justice principles ............................................................................................................................. 42
Restorative justice and crime prevention ......................................................................................................................... 44
Victims and restorative justice: an empirical study of the needs, experiences and position of victims within restorative
justice practices ................................................................................................................................................................ 45
4. RESTORATIVE JUSTICE AND SOCIETY ......................................................................................................................46
Building social support for restorative justice .................................................................................................................. 46
Art for Social Change: Exploring Justice through New Media Documentary .................................................................... 47
Perceptions of security and justice: Gender and cultural aspects .................................................................................... 48
5. SOCIO-ETHICAL AND LEGAL-THEORETICAL FOUNDATIONS OF RESTORATIVE JUSTICE ............................................49
The development of a theoretical frame for ‘restorative justice’ from an ethical and social perspective ...................... 49
Punishment and sentencing in a constitutional democracy ............................................................................................. 51
Impossible but necessary: A study on the ethics of restorative justice ............................................................................ 53
FP7 - `ALTERNATIVE` - `Developing alternative understandings of security and justice through restorative justice
approaches in intercultural settings within democratic societies` ................................................................................... 54
Work package 3 – ’Research on models of restorative justice and their relevance in intercultural conflicts’ ................. 54
B. RESEARCH COORDINATION ...................................................................................................................................... 56
FP7 - `ALTERNATIVE` - `Developing alternative understandings of security and justice through restorative justice
approaches in intercultural settings within democratic societies` ................................................................................... 56
COST Action A21: ‘Restorative Justice Developments in Europe’ .................................................................................... 58
C. RESTORATIVE JUSTICE: AN INTERNATIONAL JOURNAL ............................................................................................ 60
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Members of the Restorative justice research line
Ivo Aertsen (co-ordinator)
Ivo Aertsen is a professor at the Leuven Institute of Criminology. He holds degrees of psychology and law
from the same university. His main fields of research and teaching are Victimology, Penology and
Restorative Justice. His PhD thesis (2001) focused on the relation of victim-offender mediation to criminal
justice. Dr. Aertsen has been chair of the European Forum for Restorative Justice from 2000-2004, and has
co-ordinated COST Action A21 on Restorative Justice research in Europe from 2002-2006. He is Editorial
Board member of several journals and is involved in various practice and policy oriented partnerships. He
has acted as expert for the U.N., the Council of Europe, the OSCE and the European Union. He is closely
involved with the Secretariat of the European Forum in Leuven and is offering support to the various
research projects run by the Forum.
More information: http://www.law.kuleuven.be/linc/english/staff/ivoaertsen.html
An Adriaenssen
An Adriaenssen has a master’s degree both in criminology and communication sciences, obtained at the
Catholic University of Leuven in 2008 and 2010 respectively. In 2010 she started working as a teaching
assistant at the Leuven Institute of Criminology. Besides her educational tasks she is interested in the effects
of the mass media on public perceptions on crime and punishment and in 2012 she will start working on a
PhD in this field.
More information: http://www.law.kuleuven.be/linc/english/staff/anadriaenssen.html
Daniela Bolivar
Daniela Bolivar is a researcher at the Leuven Institute of Criminology. Her PhD focused on the role of victim-
offender mediation in victims’ processes of restoration. Daniela holds degrees in Psychology and
Community-Psychology from the Catholic University of Chile and worked during eight years as a practitioner
of victims support services. In addition, she gave lectures on the topic of victimology at Catholic University of
Chile and the University of Valparaiso. Daniela is currently the coordinator of the research project on victims
and restorative justice, European Forum for Restorative Justice.
More information: http://www.law.kuleuven.be/linc/english/staff/danielabolivar.html
Isabella Bueno
Isabella Bueno is a researcher at the Leuven Institute of Criminology. She obtained a master in International
Law at the University of Sorbonne in 2003. Since 2008 she is working on a research project on Mass
Victimization and Restorative Justice in Colombia. The aim of this research project is to deepen our
understanding with regard to the applicability of restorative justice principles in a transitional justice context
of ongoing conflict.
More information: http://www.law.kuleuven.be/linc/english/staff/isabellabueno.html
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Johan Deklerck
Johan Deklerck is as doctor in criminology related to the Academic Teacher Training, Behavioral and Social
Sciences, KU Leuven. He has built a research expertise around the themes: fundamental criminological
theory, prevention and safety, juvenile delinquency, restorative justice, mediation and problem behavior in
school education. He realized around here a long series of national and international studies, publications
and lectures. Currently he focuses on problem behavior and education and recovery from serious crimes. He
is a frequent speaker at home and abroad. He is further connected to the Master of Mediation, Université du
Luxembourg.
More information: http://www.law.kuleuven.be/linc/english/staff/johandeklerck.html
Davy Dhondt
Davy Dhondt is a researcher at the Leuven Institute of Criminology. He obtained a master in Criminology at
the University Leuven in 2006. Next to working at Suggnomè vzw as a victim-offender mediator from 2006, in
2011 he returned to the University of Leuven to work on a research project on the implementation of
peacemaking circles in Europe.
More information: http://www.law.kuleuven.be/linc/english/staff/davydhondt.html
Vicky De Mesmaecker
Vicky De Mesmaecker is a researcher at the Leuven Institute of Criminology. She obtained a master in
Criminology (2006), a master in International Relations and Conflict Management (2007) and a PhD (2011)
at the University of Leuven. With her PhD, entitled “Perceptions of justice and fairness in criminal
proceedings and restorative encounters: extending theories of procedural justice”, she investigated victims’
and offenders’ experiences with the criminal justice system and restorative interventions and the notions of
procedural fairness and punishment. She currently works on the project “Art for Social Change: Exploring
Justice through New Media Documentary”.
More information: http://www.law.kuleuven.be/linc/english/staff/vickydemesmaecker.html
Johan Goethals
Prof. dr. J. Goethals obtained degrees in Psychology (1972) and Criminology (1974) at the Catholic
University of Leuven. His doctoral dissertation (1979) concerned the psychological effects of imprisonment.
Prof. Goethals has been teaching methodology of criminological research, penology and criminological
psychology at the Catholic University of Leuven. He also taught at several police academies. At LINC, Prof.
Goethals has been the coordinator of the research line ‘Offenders, sentencing and penal measures’. His
research concerns the topics of imprisonment, recidivism, internment, measurement of feelings of (un)safety,
sentencing, sexual delinquency and fear of crime. Prof. Goethals has served as an expert to a parliamentary
committee on harmful sectarian organisations and several other advisory committees and working groups,
such as the High Council for Prison Policy and the Ministerial working group on Internment. He is an acting
member of the Center for Information and Advice regarding Harmful Sectarian Organisations.
More information: http://www.law.kuleuven.be/linc/english/staff/johangoethals.html
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David Gustafson
Dave Gustafson is Co-Director of Fraser Region Community Justice Initiatives Association (CJI) in Langley,
British Columbia, Canada. Considered one of Canada’s pioneering and pre-eminent agencies, CJI’s
restorative program models run the spectrum from Educating for Peacebuilding in schools to prison based
programmes dealing with the most serious offenses in the Criminal Code. Since its inception in 1990, Dave
has overseen the development of the latter, the Victim Offender Mediation Programme (VOMP), a
therapeutically informed model designed for use in crimes of severe violence. Dave is currently working on
completing his doctorate at Katholieke Universiteit Leuven. His dissertation, entitled “Encountering ‘The
Other’: Victim Offender Dialogue in Serious Crime”, involves a case-study approach, with a particular view to
analysing “What is going on?” in programme processes. Dave is also Adjunct Professor in the School of
Criminology at Simon Fraser University, and a psychotherapist in private practice.
More information: http://www.cjibc.org/index.html
Frank Hutsebaut
Frank Hutsebaut is a professor at the Leuven Institute of Criminology. He obtained a PhD degree (1980) in
law on The role of experts in the criminal justice system. His main fields of research and teaching are
criminal law, criminal procedure, police studies, private safety and security and victim assistance. He
published several articles and has given many lectures on victim assistance by the police. During three years
he has been the President of the Belgian National Forum for Victim Policy. He is an Editorial Board member
of several journals. Since June 2009 he is appointed by the Flemish government as Special Commissioner
for victim assistance for victims of road traffic
More information: http://www.law.kuleuven.be/linc/english/staff/frankhutsebaut.html
Niall Kearney
Niall Kearney has a Masters in Social Work from Edinburgh University. He is a trained mediator and qualified
mediation assessor to Scottish Vocational Standards. He is the current Chair of the European Forum for
Restorative Justice (2009 - 2012) and supports the Forum's various activities including research projects
available at www.euforumrj.org/Projects/projects.htm Niall has co-authored a number of articles on
restorative justice including: "Restorative Justice in Scotland, an Overview", available at:
http://www.sacro.org.uk/RJScotlandFinal_mar07.pdf". He is currently employed by the UK Ministry of Justice
as Head of the Customer Service Centre at the Criminal Injuries Compensation Authority.
More information: http://www.euforumrj.org/About/structure.board.htm
Katrien Lauwaert
Katrien Lauwaert studied law and criminology at the Catholic University of Leuven, l’Université Catholique de
Louvain (Louvain-la Neuve), the Rijksuniversiteit Leiden and the American University (Washington D.C.).
She worked as an assistant and researcher at the Leuven Institute for Criminology from 1995 to 1999. In
1999 she moved to the Faculty of Law of the University of Maastricht where she was a lecturer in criminology
and criminal procedure and obtained her PhD, which explored procedural guarantees in restorative justice.
In 2008 she became a lecturer at the Ecole de Criminologie of the Université de Liège, where she teaches
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restorative justice, victimology and criminological perspectives on juvenile delinquency. Her research has
focused mainly on restorative justice, victimological issues and community sanctions. Katrien Lauwaert is
chair of the non-profit organisation Suggnomè, which organises victim-offender mediation for adult offenders
and their victims in Flanders and Brussels, and was actively involved in the creation of the European Forum
for Restorative Justice. She is also a member of the board of the European Forum for Restorative Justice
and editorial board member of the journals 'Panopticon' and 'Tijdschrift voor Herstelrecht'.
More information: http://www.law.kuleuven.be/linc/english/staff/katrienlauwaert.html
Karolien Mariën
Karolien Mariën studied criminology at the Catholic University of Leuven. She has worked as a restorative
justice adviser in a Belgian prison. After that she worked for the central psycho-social service: a service
within the Belgian Ministry of Justice that supports and assists the people working with prisoners on the
preparation of their reintegration in community. Since 2009 she is the executive officer of the European
Forum for Restorative Justice.
More information: ▪ http://www.law.kuleuven.be/linc/english/staff/karolienmarien.html
▪ www.euforumrj.org
Katrien Mestdagh
Katrien Mestdagh obtained a Master degree in Criminology (2005) at the KU Leuven and a Master degree in
Sociology of Law (2008) at the International Institute for Sociology of Law in O�ati (Spain). At De Rode
Antraciet vzw, Katrien Mestdagh has been working in victim awareness programs for offenders in Flemish
prisons for 5 years. Katrien is also part-time teaching assistant at LINC. Besides her teaching and coaching
activities, she has published and has given lectures about the potential of restorative justice inside prisons.
More information: http://www.law.kuleuven.be/linc/english/staff/katrienmestdagh.html
Brunilda Pali
Brunilda Pali is a researcher and a PhD candidate at the Leuven Institute of Criminology (LINC). She has
been working for two years in the European Forum for Restorative Justice on a project on building social
support for restorative justice, which investigated ways to work with the media, civil society and citizens in
the area of restorative justice. Subsequently she worked in LINC on a project on family mediation in cases of
international child abduction, which aimed at creating a European training for family mediators and trainers.
She is currently doing a PhD on ethics and restorative justice, as part of the research team for the project
ALTERNATIVE (“Developing alternative understandings of security and justice through restorative justice
approaches in intercultural settings within democratic societies”), granted to LINC by the European
Commission in the context of the 7th Framework Programme. Brunilda has studied Psychology in the
University of Bosphorus in Istanbul, Gender Studies in the Central European University in Budapest and
Cultural Studies in Bilgi University in Istanbul. Before coming to Leuven, she has lectured at the University of
New York in Tirana and worked in the Albanian Foundation for Conflict Resolution. Her main research areas
and interests are gender, restorative justice, psychoanalysis, social justice, and critical theory.
More information: ▪ http://www.law.kuleuven.be/linc/english/staff/brunildapali.html
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Stephan Parmentier
Stephan Parmentier studied law, political science and sociology at the K.U.Leuven (Belgium), and sociology
and conflict resolution at the Humphrey Institute for Public Affairs of the University of Minnesota-Twin Cities
(U.S.A.). He currently teaches sociology of crime, law and human rights at the Faculty of Law of the
K.U.Leuven, and served as the Head of its Department of Criminal Law and Criminology (2005-2009). Stephan
Parmentier has served as an advisor to the European Committee for the Prevention of Torture, the Belgian
Minister of the Interior, the King Baudouin Foundation, and Amnesty International. Between 1999-2002 he was
the vice-chairman of the Flemish section of Amnesty International. His research interests include political
crimes, transitional justice and human rights, and the administration of criminal justice.
More information: http://www.law.kuleuven.be/linc/english/staff/stephanparmentier.html
Tony Peters (†)
Tony Peters was Emeritus Professor at the Catholic University of Leuven. He held a Ph.D. in Criminology
(1976), a Licentiate in Social Sciences (1965) and a Licentiate in Criminology (1969). Professor Peters has
taught at the Catholic University of Leuven in the domains of general criminology, victimology, penology and
criminal policy. His research and publications covered several fields of criminology: corrections, sentencing
and community sanctions (1970-1985); victimology and victimisation in relation with violent crime (1986-
1993); victim-offender mediation, restorative justice, corrections and restorative justice (1993-2000). Tony
Peters has been Visiting professor at the universities of Montréal, Edinburgh, San Sebastian, Las Palmas
and Porto. He was the former director of the M.A. in European Criminology at the Catholic University of
Leuven (1997-2004) and was President of the Scientific Commission of the International Society of
Criminology (1998-2003). In March 2009, he received the degree of Doctor Honoris Causa from the Basque
University (Universidad del Pais Vasco) in Spain. Dr. Peters has been the President of the International
Society of Criminology from 2006 to 2010. Dr. Peters passed away in March 2012.
Edit Törzs
Edit Törzs studied law at the ELTE University Budapest, Hungary, where she later finished the PhD program
in the field of Criminology. She also has a degree in European and French Law from Université Panthéon-
Assas, Paris. From 2004 she worked for the Hungarian Office of Justice, on the Methodological Department
of the Probation Service, and from 2006 was responsible for the field of victim-offender mediation. She`s a
trained mediator and facilitator of restorative conferences. From 2012 she works for the European Forum for
Restorative Justice and responsible for research and dissemination tasks within the FP7 - `ALTERNATIVE`
project.
More information: http://www.law.kuleuven.be/linc/english/staff/edittorzs.html
Birgit Vanderstraeten
Birgit Vanderstraeten is a PhD-researcher at the Leuven Institute of Criminology since September 2011. She
obtained a bachelor degree in law practice (Hogeschool Gent) and a master degree in criminology (Catholic
University Leuven). During 7 months, she worked as a researcher for the National Institute of Criminal
sciences and Criminology (NICC), federal Ministry of Justice in Belgium, on the evaluation of the National
Forum for Victim Policy.
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More information: http://www.law.kuleuven.be/linc/english/staff/birgitvanderstraeten.html
Inge Vanfraechem
Dr. Inge Vanfraechem is project manager of the FP7 project ALTERNATIVE, where she is responsible for
the day-to-day management as well as the comparative research. She has previously worked as a
researcher on a project of the European Forum for Restorative Justice (funded by the European
Commission) with regard to 'Victims and restorative justice'. Before that, she worked as a researcher at the
National Institute of Criminal Sciences and Criminology, federal Ministry of Justice in Belgium, on the
evaluation of victim policy in Belgium (2007-2010). Her main research interests include victimology,
restorative justice and youth delinquency. Inge Vanfraechem obtained her PhD in Criminology at the Catholic
University of Leuven on the topic of Family group conferencing for serious youth delinquency (June 2006).
She has been the vice-chair of the European Forum for Restorative Justice (2006-2011), after having been
the chair of its Research Committee (2000-2006), and a founding member (2000). She is a member of the
Editorial Board of the Flemish-Dutch Journal of Restorative Justice.
More information: http://www.law.kuleuven.be/linc/english/staff/ingevanfraechem.html
Leo Van Garsse
Leo Van Garsse obtained his Master in pedagogy at the Catholic University of Leuven in 1981. He worked
as a social worker in prison after-care (1979 -1982) and in a half-way house for young offenders (1982-
1987). Since 1987 he is actively involved in the practice and the implementation of several applications of
victim-offender mediation in Flanders. From 1998 on he was employed by “Suggnomè, Forum for Mediation
and Restorative Justice”, an umbrella-organisation for the promotion of Restorative Justice in Flanders. Leo
Van Garsse was closely involved in the preparation of a draft of a law on victim-offender mediation, finally
approved in Belgian parliament in 2005. Currently, Leo Van Garsse is connected to the Ghent University,
Department of social welfare studies, where he’s working on a research on the developments in the field of
‘forensic social work’ in Flanders. He is also connected to the University of Leuven as affiliated researcher
within LINC.
More information: http://www.law.kuleuven.be/linc/english/staff/leovangarsse.html
Lode Walgrave
Lode Walgrave is Emeritus Professor in Criminology at the K.U.Leuven (Belgium), where he taught Youth
Criminology and Theoretical Criminology. He has been a founding member and chair of the International
Network for Research on Restorative Justice and of the International Association for Criminology of Youth.
Lode Walgrave has given guest lectures and conferences in Australia, Brazil, Canada, China, New Zealand,
Peru, South Africa, U.S.A., and in most European countries. He published around 250 articles or book
chapters, more than 40 research reports, and 19 books (9 as editor) in Dutch, his mother tongue, in English
and French. Translations are made in German, Portuguese, Russian, Korean and Chinese. His recent book
Walgrave, L. (2008), Restorative Justice, Self-Interest and responsible Citizenship, Cullompton: Willan
Publishing, can be considered the culmination of his vision for restorative justice. In 2008, Lode Walgrave
received the ESC European Criminology Award.
More information: http://www.law.kuleuven.be/linc/english/staff/lodewalgrave.html
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Xiaoyu Yuan
Xiaoyu Yuan is a pre-doctoral student at the Leuven Institute of Criminology. She obtained a master’s
degree in criminal law (2011) at China University of Political Science and Law. Since October 2011 she has
been preparing for a doctoral project which deals with victim-offender mediation in China.
More information: http://www.law.kuleuven.be/linc/english/staff/xiaoyuyuan.html
Estelle Zinsstag
Estelle Zinsstag is currently a senior research affiliate at LINC – KU Leuven, where she participates to the
activities of both the restorative justice and the transitional justice research lines. Among other activities she
has undertaken in this capacity, she is working towards the launching of an academic journal exclusively
dedicated to restorative justice and publishing in the fields of sexual violence against women, transitional
justice and restorative justice. Recently she has been a research officer and project leader at the European
Forum for Restorative Justice, where she worked on a project funded by the European Commission entitled
‘Conferencing: a way forward for restorative justice in Europe’. In recent years she completed a PhD at the
School of Law, Queen’s University Belfast (UK). She also graduated from the University of Edinburgh (UK)
with an MSc in politics and from the Université Paul Valéry, Montpellier III (France) with a maitrise in British
history and literature. She has held positions as research assistant in the school of politics and as teaching
assistant both at undergraduate and postgraduate levels at the school of law, Queen’s University Belfast.
She has done voluntary work among other for Amnesty International, UK and Zentrum für Integrative
Psychiatrie, Germany.
More information: http://www.law.kuleuven.be/linc/english/staff/estellezinsstag.html
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Published books on restorative justice by Linc members (since 2000)
Aertsen, I., Arsovska, J., Rohne, H.-G., Valiñas, M. and Vanspauwen, K. (Eds.) (2008). Restoring justice
after large-scale violent conflicts: Kosovo, DR Congo and the Israeli-Palestinan case. Cullompton: Willan
Publishing.
Aertsen, I. (2004). Slachtoffer-daderbemiddeling: een onderzoek naar de ontwikkeling van een
herstelgerichte strafrechtsbedeling. Leuven: Leuven University Press.
Aertsen, I., Mackay, R., Pelikan, C., Willemsens, J. and Wright, M. (2004). Rebuilding Community
Connections – Mediation and restorative justice in Europe. Strasbourg: Council of Europe Publishing.
French translation: Aertsen, I., Mackay, R., Pelikan, C., Willemsens, J. and Wright, M. (2004). Renouer
les liens sociaux – Médiation et justice réparatrice en Europe. Strasbourg : Editions du Conseil de
l’Europe.
Aertsen, I., Daems, T. and Robert, L. (eds.) (2006). Institutionalizing Restorative Justice. Cullompton: Willan
Publishing.
Achutti, D. (2009). Modelos Contemporâneos de Justiça Criminal. Justiça terapêutica, instantânea e
restaurativa. Porto Alegre: Livraria do Advogado.
Claes, E., Foqué, R. and Peters, T. (eds.) (2005). Punishment, Restorative Justice and the Morality of Law.
Antwerpen: Intersentia.
Claes, E., Deklerck, J., Marchal, A. and Put, J. (eds.) (2008). Herstel en jeugd: nu in het (r)echt. Brugge: Die
Keure.
De Feyter, K., Parmentier, S., Bossuyt, M. and Lemmens, P. (eds.) (2005). Out of the ashes: reparation for
victims of gross and systematic human rights violations. Antwerpen: Intersentia.
Dupont, L. and Hutsebaut, F. (eds.) (2001). Herstelrecht tussen toekomst en verleden. Liber Amicorum Tony
Peters. Leuven: Leuven University Press.
European Forum for Victim-Offender Mediation and Restorative Justice (ed.) (2000). Victim-Offender
Mediation in Europe. Making Restorative Justice Work. Leuven: Leuven University Press.
Fattah, E. and Parmentier, S. (eds.) (2001). Victim Policies and Criminal Justice on the Road to Restorative
Justice. A collection of essays in honour of Tony Peters. Leuven: Leuven University Press.
Glazewski, J., van der Spuy, E., Parmentier, S. and Dissel, A. (2007). Restorative justice: politics, policies
and prospects. Cape Town: Juta.
Lauwaert, K. (2009). Herstelrecht en procedurele waarborgen. Antwerpen: Maklu.
Lemonne, A., Vanfraechem, I. and Vanneste, C. (2008). Onderzoeksproject met betrekking tot de evaluatie
van de voorzieningen ten behoeve van slachtoffers van inbreuken. Brussel: Nationaal Instituut voor
Criminalistiek en Criminologie.
Letschert, R., Staiger, I. and Pemberton, A. (2010). Assisting victims of terrorism. Towards a European
standard of justice. New York: Springer.
Mackay, R., Bošnjak, M., Deklerck, J., Pelikan, C., van Stokkom, B. and Wright, M. (eds.) (2007). Images of
restorative justice theory. Frankfurt am Main: Verlag für Polizeiwissenschaft.
Restorative Justice related research 2000-2012 - 12
Miers, D. and Aertsen, I. (eds.) (2012). Regulating Restorative Justice. A comparative analysis of legal
provisions in European countries. Frankfurt am Main: Verlag für Polizeiwissenschaft.
Miers, D. and Willemsens, J. (eds.) (2004). Mapping Restorative Justice – Developments in 25 European
Countries. Leuven: European Forum for Victim-Offender Offender Mediation and Restorative Justice.
Vanacker, J. (ed.) (2002), Herstel en detentie. Hommage aan Prof. Dr. Tony Peters. Brussel: Politeia.
Van Camp, T., Van Win, T., Aertsen, I., Daeninck, Ph., Hodiaumont, F. and Malempré, H. (Promotors
Parmentier, S., Peters, T. and Kellens, G.) (2004). Vademecum herstelrecht en gevangenis. Gent:
Academia Press.
French translation: Hodiaumaont, F., Malempré, H., Aertsen, I., Daeninck Ph., Van Camp, T. and Van
Win, T. (Direction: Parmentier, S., Peters, T. and Kellens, G.) (2004). Vade-mecum justice réparatrice
en prison. Gent: Academia Press.
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Walgrave, L. (ed.) (2003). Repositioning Restorative Justice. Cullompton: Willan Publishing.
Walgrave, L. (2008). Restorative justice, self-interest and responsible citizenship. Cullompton: Willan
Publishing.
Walgrave, L. and Vettenburg, N. (2006). Herstelgericht groepsoverleg. Nieuwe wegen in de aanpak van
jeugddelinquentie en tuchtproblemen. Leuven: Lannoocampus.
Weitekamp, E.G.M. and Kerner, H.-J. (eds) (2002). Restorative Justice. Theoretical Foundations.
Cullompton: Willan Publishing.
Weitekamp, E.G.M. and Kerner, H.-J. (eds) (2003). Restorative Justice in Context. International practice and
directions. Cullompton: Willan Publishing.
Restorative Justice related research 2000-2012 - 13
Research topics and projects
Overview of completed and ongoing projects
Restorative Justice related research 2000-2012 - 14
A. RESEARCH PROJECTS
1. RESTORATIVE JUSTICE POLICIES AND REGULATION
Meeting the challenges of introducing victim-offender mediation in
Central and Eastern Europe
Project information
• Researcher: Borbala Fellegi
• Supervisor: Ivo Aertsen
• Co-supervisor: Jolien Willemsens
• Period: 1 December 2003 - 30 November 2005
• Funding: AGIS 2003 programme of the European Commission - Directorate General for Justice
and Home Affairs
Description research project
The general objective of the project was to realize an effective support to the development of restorative
justice in Central and Eastern European countries (CEE).
The specific objectives of the project were: (a) to study, at the conceptual and practical level, what the
possibilities are for implementing restorative justice in CEE given their specific political, economical, cultural
and legal background; (b) to discuss how the experience in Western European countries can inform and
support the development of restorative justice in CEE; (c) to prepare strategies for promoting the
development of an integrated policy concerning restorative justice in CEE; (d) to actively work towards
creating dynamics for exchange and co-operation (networking) between CEE in this field; (e) to discuss what
Western European countries can learn from the developments in criminal justice in CEE; (f) to study what
can be learned from the previous points in terms of policy development concerning restorative justice at the
level of the European Union.
This was approached by discussing how the experience in Western European countries could inform and
support the development of restorative justice in CEE countries, by preparing strategies for promoting the
development of an integrated restorative justice policy in CEE, and by creating a dynamic exchange and co-
operation between CEE (networking). But also Western European countries have much to learn from the
options taken in CEE, which was also discussed during the project. During the project two expert meetings
and two seminars for restorative justice practitioners, policy makers, legal practitioners and researchers from
different Western, Central and Eastern European countries were organised.
Relevant publications
- Fellegi, B. (2004). Meeting the Challenges of Introducing Victim-Offender Mediation in Central and
Eastern Europe, Final Report JAI/2003/AGIS/088, Leuven, European Forum for Victim-Offender Mediation
and Restorative Justice v.z.w.
Restorative Justice related research 2000-2012 - 15
Restorative justice: an agenda for Europe – Part 1. Meeting the
challenges of introducing restorative justice in Southern Europe
Project information
• Researcher: Clara Casado Coronas
• Supervisor: Ivo Aertsen
• Period: 1 June 2006 - 31 May 2008
• Funding: AGIS 2006 programme of the European Commission Directorate General for Justice,
Freedom and Security
Description research project
The general objective of the project was to realise an effective support to the development of restorative
justice in the South of Europe. The countries of this European region that were involved in this project are
Greece, Italy, Malta, Portugal, Spain and Turkey.
The specific objectives of the project were: (a) studying, at the legal-conceptual and practical level, the
possibilities for implementing restorative justice in Southern European countries; (b) discussing how the
experience in the rest of Europe could inform and support the development of restorative justice in Southern
Europe; (c) preparing strategies for promoting the development of an integrated policy concerning restorative
justice in Southern Europe; (d) actively working towards creating dynamics for exchange and co-operation
(networking) between Southern European countries in this field; (e) discussing what countries in the rest of
Europe can learn from the developments in criminal justice in Southern Europe.
The introduction of restorative justice and the implementation of practices like victim-offender mediation are
lagging behind in the South of Europe compared to the rest of Europe. Although important steps were taken
in Spain and Italy, and more recently in Portugal, there is a considerable need to intensify the exchange of
knowledge and experiences with the rest of Europe in order to close this gap and make sure that European
citizens have equal or at least similar access to mediation in all of Europe.
Several factors could be at the basis of this asymmetrical development, for example the existing – legalistic –
culture in some Southern countries. The research questions therefore were: What are other factors, and how
can these dealt with? Which are features common to all Southern European countries and which are not?
What kind of strategies need to be devised to promote the development of an integrated policy concerning
restorative justice in Southern Europe? How can networking between Southern European countries in this
field be improved?
Relevant publications
- Casado Coronas, C. (2008). Restorative justice: an agenda for Europe. Supporting the implementation of
restorative justice in the South of Europe. Final Report JLS/2006/AGIS/147, Leuven, European Forum for
Victim-Offender Mediation and Restorative Justice v.z.w.
Restorative Justice related research 2000-2012 - 16
Restorative Justice: an agenda for Europe - Part 2. European Union
policies and regulation
Project information
• Researcher: Jolien Willemsens
• Supervisor: Ivo Aertsen
• Period: 1 June 2006 - 31 May 2008
• Funding: AGIS 2006 programme of the European Commission Directorate General for Justice,
Freedom and Security
Description research project
The general objective of the project was to research what could be the potential role of the European
institutions in the further development of restorative justice in the whole of the European Union to identify
whether there is a need for further regulation about restorative justice at the level of the EU.
The specific objectives were: (a) analysing the existing legislation on the national level in all EU Member
States; (b) making an overview of the existing international regulations; (c) exploring the main needs at
national level which could have implications for EU policies; (d) studying whether these needs require
specific regulation or other initiative at the level of the European Union; (e) studying whether there is a legal
basis and whether it is opportune to actually regulate these issues at the level of the European Union; (f)
discussing the concrete forms, instruments and the content of the EU policies that are required.
The instruments in this project were:
• a steering group ‘EU policies’, formed by the project supervisor and representatives of three partner
institutions (Cardiff Law School, Max Planck Institute for Foreign and International Criminal Law,
ERA Academy of European Law). Their main task was to support and evaluate the work of the
researcher. They devised the strategy and methodology of the research and supervised the writing
of the final publication.
• staff: two people were working on this project. Jolien Willemsens was acting as project coordinator
and researcher and Leni Sannen was the project assistant and was in charge of the administrative
tasks ensuing from the project.
Relevant publications
- Willemsens, J. (2008). Restorative justice: an agenda for Europe. The role of the European Union in the
further development of restorative justice. Final Report JLS/2006/AGIS/147, Leuven, European Forum
for Victim-Offender Mediation and Restorative Justice v.z.w.
Restorative Justice related research 2000-2012 - 17
Promoting the practice of victim-offender mediation - Turkey
Project information
• Researcher: Clara Casado Coronas
• Supervisors: Ivo Aertsen, Jolien Willemsens
• Period: 1 September 2006 - 1 February 2008
• Funding: European Commission, European Initiative for Democracy and Human Rights.
Description research project
This project had been introduced by the Istanbul Bilgi University Human Rights Law Research Centre. The
K.U.Leuven participated as a partner.
Objectives
The objective of the Leuven part of the research was to prepare a report on best practices for establishing
victim-offender mediation services in European countries including ethical and professional standards for
mediators, case management and case supervision, internal organisation of staff, evaluation of the service,
etc. Together with the research reports on ‘State of legislation in Turkey’ and ‘Ethnographic research’
conducted by two researchers of Istanbul Bilgi Universtity, it served to develop culture-sensitive victim-
offender mediation training for lawyers and NGO’s in Turkey.
Problem definition
Victim-offender mediation has been introduced in Turkey with the new Criminal Code and the new Code of
Criminal Procedure which came into force on June 2005. While these two codes establish the legal basis for
mediation, the infrastructure that is required for a successful implementation of victim-offender mediation is
not in place. On the one hand, there are no provisions concerning important aspects like the referral
processes or monitoring of the fulfillment of an agreement reached in mediation. In addition no regulation
has been made concerning the training that mediators should follow or their accreditation process. On the
other hand, the prosecutors and the judges themselves are not well informed about victim-offender
mediation and the general public even less.
The EU Council Framework Decision on the standing of victims in criminal proceedings (2001/220/JHA)
obliges all member states “to promote mediation in criminal cases” for appropriate types of offences (Art.
10.1). While Member states had to comply with this decision by March 2006, Turkey will also need to work
on the promotion of mediation in criminal matters in its quest for EU membership.
Relevant publications
- Casado Coronas, C. (2008). Promoting the practice of victim-offender mediation in Turkey. Best practices
on how to set up a victim-offender mediation service. Leuven, European Forum for Restorative Justice
v.z.w.
Restorative Justice related research 2000-2012 - 18
Restorative Justice vs Juvenile Delinquency: The Baltic States in
European Dimension
Project information
• Researcher: Andrejs Judins (Centre for public policy, Providus, Riga), Christa Pelikan (Centre for
the Sociology of Law and Criminology, Vienna)
• Role of the European Forum for Restorative Justice in cooperation with LINC:
- doing the comparative research
- supervise the complete research work
- general research support
• Period: 15 December 2007 - 28 February 2010
• Funding: Criminal Justice programme of the European Commission
Description research project
The general objective of the project is to promote effective development of RJ as a response to youth crime
in the Baltic States and to enhance mutual knowledge of best practices and initiatives in the field of RJ in this
region and beyond. The project focuses on Latvia, Lithuania and Estonia but nevertheless has a strong
European dimension through its activities.
The activities of the project are:
• Drafting a methodology for the Baltic research and comparative analysis
• Research analysis about RJ approach and instruments vs juvenile delinquency in the Baltic States
• Comparative analysis of RJ developments in the Baltic States with other EU countries and provision
of recommendations for further development strategies
• Publication of research results in Latvian and English
• Informative educational publications on RJ, juvenile delinquency, evaluation of VOM and other
• International conference for dissemination of project results and with an aim to enhance mutual
knowledge and development of cooperation in the field of RJ within the Baltic States and beyond.
• Expert workshop for stakeholders from Latvia, Lithuania and Estonia
Relevant publications
- Judins, A., Pelikan, C., Tamma, K. and Uselè, L. (2010). Restorative Justice vs Juvenile Delinquency: The
Baltic States in European Dimension. Riga: PROVIDUS.
Restorative Justice related research 2000-2012 - 19
Working towards the creation of European training models for
practitioners and legal practitioners in relation to restorative justice
practices
Project information
• Researcher: Jolien Willemsens, Regina Delattre (TOA-Servicebuero, Köln)
• Supervisor: Ivo Aertsen
• Period: 1 November 2003 - 29 February 2004
• Funding: AGIS 2003 programme of the European Commission Directorate General for Justice and
Home Affairs
Description research project
In 2003, an AGIS project was awarded to work on two topics: the training of mediation practitioners on the
one hand, and the training of legal practitioners in restorative justice on the other hand.
• Training of mediation practitioners
Thanks to the AGIS project, 11 experienced mediators and trainers from as many European countries could
meet twice in order to exchange information on training. This exchange resulted in: (a) a detailed overview of
the organisation, contents and structure of training programmes in Austria, Belgium, the Czech Republic,
England, Finland, France, Germany, Norway, Poland, Scotland and Spain, and (b) recommendations on the
contents and the organisation of training.
• Training of legal practitioners
With the help of the AGIS project of the European Commission, the research project set about developing
training modules for prosecutors and judges on restorative justice. Ten judges, prosecutors and judges from
eight European countries met twice in order to develop a two-day training course for prosecutors and judges.
Three years after the development of the modules, a group of experts met to discuss and evaluate the
training modules for prosecutors and judges.
Relevant publications
- Delattre, R. and Willemsens, J. (2004). Working towards the creation of European training models for
practitioners and legal practitioners in relation to restorative justice practices. The development of training
modules for prosecutors and judges, Final Report JAI/2003/AGIS/129, Leuven, European Forum for
Victim-Offender Mediation and Restorative Justice v.z.w.
- Delattre, R. and Willemsens, J. (2004). Working towards the creation of European training models for
practitioners and legal practitioners in relation to restorative justice practices. Exchange of Training
Models for Mediation Practitioners, Final Report JAI/2003/AGIS/129, Leuven, European Forum for Victim-
Offender Mediation and Restorative Justice v.z.w.
Restorative Justice related research 2000-2012 - 20
Victim-offender mediation with juvenile offenders in Europe
Project information
• Researchers: Inge Vanfraechem, Sabien Declercq
• Supervisors: Inge Vanfraechem, Anna Mestitz (Italy – promoter of the project), Christa Pelikan
(Austria)
• Period: 1 November 2002 - 1 November 2003
• Funding: European Commission, Grotius II Criminal Justice Programme 2002 - 2003
Description research project
Objective:
To provide a comparative survey on Victim-Offender Mediation (VOM) with juvenile offenders in Europe and
to identify benefits, problems and disadvantages of VOM applications
Research design:
• Common framework for authors of every country (15 countries in total) to collect information on the
following topics:
o Introduction: general overview of VOM practice
o Legislation and legal provisions for the application of VOM
o Organizational structure of VOM centres
o Categories and profiles of juvenile offences
o Models, approaches, and theoretical framework of VOM
o Professional characteristics and job evaluation of mediators
• Research seminar to discuss the results (September 2003) and to distil (dis)advantages.
Relevant publications
- Mestitz, A. and Ghetti, S. (eds), Victim-Offender Mediation with Youth Offenders in Europe, Dordrecht:
Springer, 2005.
- Lemonne, A. and Vanfraechem, I., ‘Victim-Offender Mediation for Juveniles in Belgium’, in Mestitz, A. and
Ghetti, S. (eds), Victim-Offender Mediation with Youth Offenders in Europe, Dordrecht: Springer, 2005,
181-209.
Restorative Justice related research 2000-2012 - 21
2. RESTORATIVE JUSTICE PRACTICES
Conferencing: a way forward for restorative justice in Europe
Project information
• Researchers: Estelle Zinsstag, Marlies Teunkens and Carmen Borg
• Supervisor: Ivo Aertsen
• Co-supervisor: Inge Vanfraechem
• Period: 26 months (31/12/2008 – 28/02/2011)
• Funding: Criminal Justice 2008 - European Commission – Directorate-General Justice, Freedom
and Security
Description research project
This two-year project consisted of an exploratory study of conferencing practices, for both adult and young
offenders and for low and high level crimes, and their further applicability within Europe. The researchers,
supported by a steering group composed of both academics and practitioners, focused their work on three
main research questions:
1. To what extent has conferencing been developed internationally?
2. What are the processes used in and outcomes achieved by conferencing, and how do they compare to
victim offender mediation (VOM)?
3. How could conferencing practices be developed further in Europe?
As this was the first study on this specific topic in Europe, the information was gathered not only by
conducting an extensive literature review but also by constructing a survey, conducting interviews and study
visits to assess existing and emerging practices of conferencing. The project also included the organisation
of an expert workshop (September 2010, 60 participants) and the participation in the organisation of an
international conference (June 2010, 300 participants) in order to get feedback on the preliminary results.
The study focused on conferencing practices which are related to crime and assessed their processes as
well as outcomes. Furthermore the study compared conferences with the more widespread VOM. In addition
a detailed bibliography was developed. The last part of the study explicitly focused on the challenges when
implementing conferencing in a continental European legal and socio-cultural context and proposed new
avenues for its further development in a European context.
The research project resulted in a scientific report and a practical guide on setting up conferencing
programmes in Europe. The latter includes information on the different models and the conditions that have
to be met for their successful implementation. Finally an academic publication based on the expert seminar
is also being prepared for Oxford University Press, edited by Zinsstag and Vanfraechem.
Restorative Justice related research 2000-2012 - 22
Relevant publications
- Zinsstag, E., Teunkens, M. & Pali, B. (2011). Conferencing: A way forward for restorative justice in
Europe - Final report of JLS/2008/JPEN/043, Leuven: European Forum for Restorative Justice
(EFRJ).
- Zinsstag, E. & Vanfraechem, I. (2012). Conferencing and restorative justice: challenges,
developments and debates. Oxford: Oxford University Press.
- Shapland, J. et al. (2011) Conferencing: A way forward for restorative justice - A practical guide,
Leuven: EFRJ.
- Special issue on Conferencing of the Newsletter of the European Forum for Restorative Justice
(April 2011), Leuven: EFRJ.
Restorative Justice related research 2000-2012 - 23
Conferencing for serious juvenile delinquency
Project information
• Researcher: Inge Vanfraechem
• Supervisor: Lode Walgrave
• Period: 1 November 2000 - 31 October 2003 (PhD research 2004-2006)
• Funding: Ministry of Welfare of the Flemish Community
Description research project
Objective:
A Family Group Conference (‘Herstelgericht Groepsoverleg’ or ‘Hergo’) is a communication between the
offender and his support persons, the victim and his support persons, and (in the New Zealand model) the
police. It offers an added value in the reaction towards crime, and its usability in Belgium was to be
researched. The aim of the research was to evaluate whether conferences work in Flanders, under what
conditions and for whom. The conditions for a qualitative functioning of the project were evaluated through a
thorough process analysis.
Methodology:
The project was an action-research: the researchers were involved in the development of the practice, but at
the same time kept a certain distance towards the practice. Practitioners posed questions and gave
information to the researchers, who could offer feedback on the actual practice.
Different research instruments were developed:
- A scheme for analysing the judicial dossiers.
- An observation scheme, to collect data during the observation of the conference.
- Interviews with victims, offenders and their parents.
- Interviews with youth judges, lawyers and other professionals.
- Regular communication with the facilitators, who fill out a questionnaire on the preparation of the parties
involved.
The data were analysed partly quantitatively, partly qualitatively.
Research questions:
- Can conferencing be implemented in the Belgian youth protection system and if yes, in what way?
- Are the rights of the participants protected?
- Are the participants satisfied with the conference?
- Is the support network strengthened in its educational tasks?
- Is the recidivism rate decreasing?
- Can conferencing lower the pressure on closed institutions?
Restorative Justice related research 2000-2012 - 24
Relevant publications
- Vanfraechem, I., Herstelgericht groepsoverleg, Brugge: die keure, 2007.
- Vanfraechem, I. en Walgrave, L., ‘Les conférences de groupe familial (Family Group Conferences)’, Les
cahiers de la justice, Parijs: Editions Dalloz, 2006, 153-174.
- Vanfraechem, I., ‘Evaluating conferencing for serious juvenile delinquency’, in Elliott, E. and Gordon, R.
(eds), Restorative Justice: emerging issues in practice and evaluation, Cullompton: Willan Publishing,
2005, 278-295.
Restorative Justice related research 2000-2012 - 25
Implementing Peacemaking Circles in Europe
Project information
• Researcher: Davy D’Hondt
• Supervisor: Ivo Aertsen and Stephan Parmentier
• Period: 1 November 2011 – August 2013
• Funding: KU Leuven/European Commissian
Description research project
Objective:
We want to study if it is possible to implement peacemaking circles in a European context.
Formulation of the research issue:
Crime is, according to restorative justice, seen as an offence against the community and its members (as
opposed to the penal law, which sees crime as an offence against the law). The idea behind peacemaking
circles is to restore the harm done by this offence and to prevent future offences.
With this research we want to see if it’s possible to implement peacemaking circles in an European context.
By doing this, we hope to contribute to the development and practice of restorative justice. We believe that
peacemaking circles can be an added value to the practice of restorative justice, because on the one hand
they are open to the whole community (victim, offender, community, judicial actors) and on the other hand
they create a safe place for this by some structural elements (talking piece, circle meeting, etc.).
Research questions and problem statement: The main research question is:
How can peacemaking circles be implemented in countries governed by the principle of legality?
Methodology
The research takes place in 3 European countries: Belgium (KU Leuven), Germany (University of
Tuebingen) en Hungary (Foresee en OKRI).
First there is a literature review and “expert interviews” in each country. The next step is, through action
research, to organize 10 – 15 circles per country. For this, in each country there is sought a partner
organization (for Belgium, this is Suggnomè vzw). As such, we hope to find a specific model of peacemaking
circles suited for an European context. The completed peacemaking circles will also be monitored and
evaluated; particularly concerning satisfaction and experience of all participating parties (victim, offender,
support persons, community members, and judicial actors).
Restorative Justice related research 2000-2012 - 26
Developing standards for assistance to victims of terrorism
Project information
• Researcher: Ines Staiger
• Supervisor: Ivo Aertsen
• Co-supervisor: Letizia Paoli
• Period: 15 March 2007 - 30 June 2008
• Funding: European Commission and European Forum for Restorative Justice
Description research project
Objectives: to develop a set of standards on psychosocial assistance and legal advice to victims and their
families, including the possible role of restorative justice principles and practices, involving a broad selection
of European experts from EU member states and EU institutions.
Research issue: the existing international guidelines and principles concerning victims of terrorism are
relatively abstract or include victims of terrorism under the general header of victims of crime. The project
intends to deliver standards that are a more adequate reflection of the situation of victims of terrorism.
Research design: A literature review will be undertaken by a team of researchers who are supported by a
steering committee of academic experts from the Institute of Criminology of the K.U.Leuven, INTERVICT
(University of Tilburg), the Centre for the Study of Terrorism and Political Violence of the University of St.
Andrews, Victim Support Netherlands and the European Forum for Restorative Justice. The research
findings compiled in the literature review are used as the basis for a set of seminars specifically focusing on
the translation of the research findings into a coherent set of standards. The reports of both the research
findings and the proposed standards will be launched at an international conference in March 2008. This will
be followed by a final publication and a final report to the European Commission in June 2008.
Research questions and problem definition: The project focuses on the development of standards to ensure
appropriate aid for victims in the aftermath of terrorist acts. It will seek to further elaborate the Council of
Europe Guidelines on the Protection of Victims of Terrorist Acts and the possible application of restorative
justice principles and practices.
The final conference on the project took place in Tilburg on March 10 and 11, 2008.
Relevant publications
- Letschert, R., Staiger, I. and Pemberton, A. (2010). Assisting victims of terrorism. Towards a European
standard of justice. New York: Springer.
Restorative Justice related research 2000-2012 - 27
Linkedness in schools
Project information
• Researchers: Guy Deboutte, Anouk Depuydt
• Supervisor: Ivo Aertsen
• Co-supervisor: Ferre Laevers
• Period: 1 September 2006 - 31 August 2007
• Funding: Vlaamse minister van Onderwijs en Vorming
Description research project
The Linkedness Project emerged from the research centre ‘Criminality and Worldviews’. This centre for
fundamental interdisciplinary research on crime prevention, (school) mediation and restorative justice was
later integrated in the Restorative Justice Research Line of LINC (the Leuven Institute of Criminology).
Professor Tony Peters and Professor I. Aertsen are the promotors of the project.
As a result of the development of research in the field of crime prevention in schools, a practice of conflict
and violence management and prevention has emerged in primary and secondary schools all over Flanders
(Belgium) under the name 'Project Verbondenheid', the Linkedness Project. This research was carried out
with the assistance of Professor Ferre Laevers of the Department of Education (Expertise Centre for
Experiential Education, or ‘Expertisecentrum voor Ervaringsgericht Onderwijs’), a branch of the Faculty of
Psychology and Pedagogical Sciences.
The primary objective of ‘Project Solidarity’ concerned the observation that ‘delinquency’ is related to the
poor or absent link between offender and victim surroundings. Preventing violence, vandalism, and antisocial
behavior is not possible without giving attention to these missing or damaged life links. Therefore, each
curative or preventative strategy must be aimed at repairing and/or developing the link of children or youths
(and teachers and adults) (a) with oneself (b) with others (c) with the material surroundings (d) with the social
environment, and (e) one’s life as a whole. The ethical and societal contextualization of crime in general,
problematic behaviour in schools and generating a positive school climate for students were the central
issues of the project.
The approach of a fundamental prevention strategy is currently functioning in primary and secondary schools
all over Flanders. Next to this, the theoretical framework and models are applied in other domains of society
(i.e social welfare, penal justice system, victim support) and in other European countries, such as
Switzerland, France, the Netherlands, and Portugal. The concept of ‘solidarity’ or connectedness is a key
issue in this model. For the development of a culture of solidarity within schools, a special method has been
developed, entitled ‘Schoolteam Based Process Oriented Working (S.P.W.) model.
In line with our own principles, we tried to channel problem-focused activity into positive communal goals as
quickly as possible. Due to the complexity and the high quantity of secondary schools, much more action is
necessary than only the task of those who are guiding the process. These individuals guard the points of
departure of ‘solidarity’ and also sensitize, activate and help delineate the boundaries of the process. Often,
supplementary work from specialists is required to address serious conflicts within a large school team, such
Restorative Justice related research 2000-2012 - 28
as drug use or extreme forms of harassment, for example. in situations where there is poor school
infrastructure and widespread intercultural conflicts.
Relevant publications
- Depuydt, A. en Deklerck, J. (2005) ‘Re-ligare’ als antwoord op ‘de-linquentie’. Een aanzet tot een
ethische, contextuele en ecologische criminologie. Leuven: KULeuven. Proefschrift ingediend tot het
behalen van de graad van doctor in de criminologische wetenschappen. (Niet uitgegeven)
- Depuydt, A. (1991) Re-ligie als antwoord op de-linkwentie: een nieuwe basisfilosofie voor kinderen in het
lager onderwijs? Leuven: KULeuven, verhandeling ingediend tot het behalen van de graad van licentiaat
in de criminologie. (Niet gepubliceerd)
- Deboutte, G. (2004) ‘Verbondenheid: een ander en preventief antwoord op respectloos gedrag. Hoe
toewerken naar een positief klas- en schoolklimaat?’ In: Handboek Leerlingenbegeleiding Twee.
Aflevering 5, juni 2004, pp. 57-77. Uitg. Wolters-Plantyn.
Restorative Justice related research 2000-2012 - 29
Family Group Conferences in schools
Project information
• Researchers: Nicole Vettenburg, Dieter Burssens
• Supervisor: Lode Walgrave
• Period: 1 December 2001 - 31 March 2004
• Funding: Ministerie van de Vlaamse Gemeenschap, Departement Onderwijs
Description research project
This research project dealt with new ways of responding to serious incidents in schools. Because existing
disciplinary measures in schools are often not satisfactory, it was assumed that the restorative measures of
family group conferencing – including those that have already proven to be successful in the judicial
framework – would result in positive outcomes in an educational setting as well. In the first part, the sanction
model of restorative justice was theoretically compared with the retributive and the rehabilitative models. The
second section discussed a survey where a structured questionnaire was sent to all Flemish secondary
schools. This information offered insight into the sanctions that are applied in schools and the reasons
behind these sanctions. The respondents appeared to apply their sanctions based on rehabilitative
reasoning. A number of respondents still seemed to believe in the deterring effect of retribution. Restorative
sanctions were also applied, although to a lesser extent. The third section dealt with the deliberation of the
use of restorative measures in school.
During the scientific monitoring of the experiment, 11 conferences were observed and 62 participants were
interviewed, among them 14 victims and 9 offenders. In addition, supporters of the victims (20), parents of
the offenders (9), other supporters of the offenders (8) and 2 absent victims were interviewed. The facilitators
completed a preparatory questionnaire for each session and also took part in intervisions and a focus-group
discussion.
The experiment with restorative group conferencing demonstrated that there is a possibility for tackling these
problems radically and constructively. The offenders have to accept responsibility, yet the possibility that
stigmatisation may occur must be controlled. At the same time, the needs of the victims are acknowledged
and the harm they have suffered can be repaired to the greatest extent possible.
Relevant publications
- Walgrave, L., Met het oog op herstel, Leuven, Universitaire Pers, 2000, 178p.
- Walgrave, L. & Vettenburg, N., Herstelgericht groepsoverleg. Nieuwe wegen in de aanpak van
jeugddelinquentie en tuchtproblemen, Leuven, Lannoocampus, 2006, 130p.
- Burssens, D., & Vettenburg, N., "Restorative Group Conferencing at School: A Constructive Response to
Serious Incidents", Journal of School Violence, 2006, afl. 2, 5-17.
- Burssens, D. & Vettenburg, N., Herstelgericht groepsoverleg in de Vlaamse schoolcontext. Tijdschrift voor
Jeugdrecht en Kinderrechten, 2008, afl. 3-4, 176-180.
- Burssens, D. & Vettenburg, N., Herstelgericht groepsoverleg in een pedagogische context. Tijdschrift voor
Herstelrecht, 8 (2).
Restorative Justice related research 2000-2012 - 30
Mediation at police level
Project information
• Researchers: Ivo Aertsen, Anne Lemonne (U.L.B.)
• Supervisors: Ivo Aertsen, Elmar Weitekamp, Philippe Mary (U.L.B.), Dominique De Fraene (U.L.B.)
• Period: 1 January 2003 - 31 August 2003
• Funding: Federale Minister van Economie en Wetenschappelijk Onderzoek, belast met het
Grootstedenbeleid
Description research project
The research was carried out in cooperation with the Université Libre de Bruxelles and was ordered by the
Federal Minister responsible for Major City policies. The research dealt with an inventory and analysis of
different forms of ‘local’ mediation for minor offences, as it is offered by or on close cooperation with local
police services in a limited number of Belgian cities. The practices of local mediation were studied with
respect to their origins, objectives, institutional and organisational framework and actual functioning. Special
attention went to its relation with the police organisation and the role of the police, the mediation methods
used, the further criminal justice procedure and a comparison with other types of victim-offender mediation.
Moreover, a typology of projects on ‘local mediation’ was drafted.
The research methodology made use of document analysis, interviews and focus groups.
Relevant publications
- Aertsen, I. en Lemonne, A. (2003). Lokale bemiddeling of schadebemiddeling als ‘alternatieve maatregel
voor lichte misdrijven in België’. Eindverslag, Leuven, K.U.Leuven, Onderzoeksgroep Penologie en
Victimologie. (Franse uitgave: Lemonne, A. et Aertsen, I. (2003), La médiation locale comme ‘mesure
alternative pour les délits de faible importance en Belgique. Rapport final, Bruxelles, U.L.B., Centre de
recherches criminologiques).
- Aertsen, I. (2009). Restorative police practices in Belgium: a research into mediation processes and their
organisation. Cahiers Politiestudies/Journal of Police Studies (2), 65-82.
Restorative Justice related research 2000-2012 - 31
Restorative Justice in prison (Project Herstelgerichte Detentie)
Project information
• Supervisors: Stephan Parmentier, Tony Peters, Georges Kellens
• Researchers: Tinneke Van Camp, Tina Van Win, Ivo Aertsen, Philip Daeninck, Fabienne
Hodiaumont, Hannelore Malempré
• Period: 2000-2002
• Funding: Federal Ministry of Justice
Description research project
This was a research on behalf of the federal Ministry of Justice in cooperation with the School of Criminology
at the University of Liège. The main purpose of the project was to offer a scientific follow-up of the pilot
project that was initiated in six Belgian prisons in the period 1998-2000 and that resulted in a nation wide
implementation of restorative justice in all Belgian penitentiary institutions in 2000. During the project, a
manual on developing restorative approaches in a prison setting has been elaborated and published.
Moreover, the research project focused on specific topics, including the study of a deontological framework
for those working in the field, such as the restorative justice prison advisors. Finally, an (internationally
oriented) annotated bibliography on restorative justice in prisons has been compiled.
Relevant publications
- Aertsen, I., Daeninck, Ph. en Van Camp, T. (2001). Aanzetten tot een deontologie van herstelgerichte
detentie. Leuven: K.U.Leuven, Research Group Penology and Victimology.
- Christiaensen, S., Daeninck, Ph., Van Camp, T., Van Win, T., Robert, L., Vanspauwen, K. en Aertsen, I.
(2001). Wetenschappelijke ondersteuning van het project herstelgerichte detentie. Rapport. Leuven:
K.U.Leuven, Research Group Penology and Victimology.
- Parmentier, S., Vanspauwen, K., Robert, L. en Aertsen, I. (2003). Herstelrecht en herstelgerichte
strafuitvoering: een selectieve en geannoteerde bibliografie – Restorative justice and restorative detention:
a selected and annotated bibliography. Leuven: K.U.Leuven, Research Group Penology and Victimology.
- Camp, T., Van Win, T., Aertsen, I., Daeninck, Ph., Hodiaumont, F. and Malempré, H. (Promotors
Parmentier, S., Peters, T. and Kellens, G.) (2004). Vademecum herstelrecht en gevangenis. Gent:
Academia Press.
- Aertsen, I. (2005), Restorative Prisons: A Contradiction in Terms? in Emsley, C. (ed), The Persistent
Prison. Problems, Images and Alternatives, London: Francis Boutle Publishers, 2005, 196-213.
- Robert, L. and Peters, T. (2002), How restorative justice is able to transcend the prison walls : a
discussion of the project ‘restorative detention”, in Weitekamp, E.G.M. and Kerner, H.J. (eds), Restorative
Justice in Context: international practice and directions, Cullompton: Willan Publishing, 95- 122.
- Peters, T. and Robert, L. (2003), Como la restauracion puede saltar los muros de la carcel. Una
discussion sobre el proyecto ‘Detencion dirigida a la restauracion’, Eguzkilore, Nr.17, 161-185.
- Robert, L. (2004), Herstelgerichte detentie in België: tralies in de weg? Tijdschrift voor Herstelrecht, Vol.4,
Nr.2, 24- 41.
- Daems, T. and Robert, L. (2006), Victims, Knowledge(s) and Prisons, European Journal of Crime,
Criminal Law and Criminal Justice, Vol.14, No.3, 256-270.
Restorative Justice related research 2000-2012 - 32
- Daems, T., Robert, L., Neys, A. and Peters, T. (2006), L’entrée de la victime dans l’espace pénitentiaire,
in Born, M., Kéfer, F. and Lemaître, A. (eds), Une criminologie de la tradition à l’innovation. En hommage
à Georges Kellens, Brussel: De Boeck & Larcier, 415-431.
- Robert, L. and Peters, T. (2008), Bruggen bouwen: over de functie van de herstelconsulent in Belgische
gevangenissen, in Franken, A.A., De Langen, M. and Moerings, M. (eds), Constante waarden. Liber
amicorum prof. Mr. Constantijn Kelk, Den Haag: BJU, Pompe reeks, 553-561.
Restorative Justice related research 2000-2012 - 33
Mediation and Restorative Justice in prison settings
Project information
• Promoter: Foresee Research Group, Budapest (Hungary)
• Partners: Hungarian National Institute of Criminology (OKRI), Innokut Nonprofit Researching and
Servicing (INN), Bremen VOM Service, University of Applied Sciences in Public Administration in
Bremen, Independent Academic Research Studies (IARS) and the European Forum for Restorative
Justice
• Period: 2009 - 2012
• Funding: Criminal Justice Programme of the European Commission
Description research project
The main objective of this project is to explore the opportunities for implementing mediation and RJ practices
into the prison settings. A further aim is to test if such practices can help in supporting victims of crime,
raising responsibility-taking in offenders, supporting the prison staff and inmates in peacefully resolving their
internal conflicts and reintegrating offenders into the society after release. The project will start with a
research phase, after which it will progress into a pilot project. The existing practices in Germany and the UK
will be evaluated and further developed. In Hungary a pilot project will be started.
Involvement of the European Forum for Restorative Justice in cooperation with LINC: general support,
participating in expert meetings and final seminar, publishing the project outcomes.
Relevant publications
Barabás, T., Fellegi, B. & Windt, Sz. (eds) (2012). Responsibility-taking, relationship-building and restoration
in prisons. Budapest: OKRI.
Restorative Justice related research 2000-2012 - 34
Mass victimization and restorative justice. In search for the possibilities
to apply restorative justice principles in the context of dealing with the
past. Case Study South Africa
Project information
• Researcher: Kris Vanspauwen
• Supervisor: Stephan Parmentier
• Co-supervisor: Elmar Weitekamp
• Period: 1 January 2003 - 30 June 2007
• Funding: F.W.O. Project: werkings- en personeelsmiddelen
VLIR/IOS Congrestoelage: werkingsmiddelen
IRO Reisbeurs (Internationale Relaties, K.U.Leuven): werkingsmiddelen
Bilaterale Overeenkomsten (Internationale Relaties, K.U.Leuven): werkingsmiddelen
Description research project
Should restorative justice principles be applied in situations of gross violations of human rights? If so, under
which conditions can this take place and what are the boundaries herein? These central issues were tested
using case studies on South Africa. This study attempted to bridge two immensely different theoretical
movements: “transitional justice” and “restorative justice”.
The research project was intended to study how restorative justice principles could be applied in transitional
justice processes that are dealing with the aftermath of gross human rights violations that have occurred
during a violent conflict. The main unit of analysis of this study was the South African Truth and
Reconciliation Commission (TRC) (institutional context), and the processes on the community level that are
derived from these commissions (individual level).
The range of “restorative justice” processes (communication, confrontation, dialogue) for victims and
offenders was analysed extensively with regard to their form and availability (restitution, community service,
other forms of restoration) in addition to being examined with regard to their “restorativeness” and effects.
The empirical study was based on two sets of data. First, interview data from victims, perpetrators and
stakeholders that had participated in the TRC was included. This data was analysed by means of a content
analysis. Second, interviews from South African experts that had studied the TRC process served as another
source of information utilized in the study. The analysis of this data was based on the Delphi method.
Relevant publications
- Aertsen, I., Arsovska, J., Rohne, H.-G., Valiñas, M. and Vanspauwen, K. (Eds.) (2008). Restoring justice
after large-scale violent conflicts: Kosovo, DR Congo and the Israeli-Palestinan case. Cullompton: Willan
Publishing
- Valinas, M. and Vanspauwen, K. (2009). Truth-seeking after violent conflict: experiences from South
Africa and Bosnia and Herzegovina. Contemporary Justice Review, 12 (3), 269-287.
Restorative Justice related research 2000-2012 - 35
Mass victimization and restorative justice. In search of the position of
restorative justice in an integrated approach to mass victimization in
post-conflict situations. Case studies in Bosnia-Herzegovina and Serbia
Project information
• Researcher: Marta Valinas
• Supervisor: Stephan Parmentier
• Co-supervisor: Elmar Weitekamp
• Period: 15 October 2004 - 30 September 2008
• Funding: K.U.Leuven
Description research project
This research project examined the question of how post-conflict societies address their legacy of mass
violence and what can be the role and contribution of a restorative justice approach in that process, by
analyzing two case studies: Serbia and Bosnia and Herzegovina. The aim of this project was to explore the
applicability of restorative justice principles in the aftermath of serious and large-scale abuses, namely what
could be the added value of these principles in a transitional justice process in relation to other primarily
retributive approaches, and what are the factors that can foster or hamper the adoption of a restorative
approach in such contexts. In order to do so, this study analysed both institutional, top-down approaches of
dealing with the past in both countries (e.g. the attempts to create truth commissions) as well as community-
level, interpersonal and bottom-up processes of social reconstruction (e.g. NGO initiatives towards
reconciliation) and looked at to what extent these processes integrate restorative justice principles.
The research was carried out through an in-depth literary review on the two key fields of study – transitional
justice and restorative justice - and through extensive field research in the two countries under study. The
field research included: a series of semi-structured interviews with key institutional stakeholders in the
transitional justice process in both countries, in-depth interviews with individuals who have participated
and/or been victimized during the conflicts; two large, country-wide surveys (one in Serbia and one in Bosnia
and Herzegovina) on the opinions and attitudes of individuals on the process of dealing with the past in their
country and on the contribution of a restorative justice approach to that process; and finally, three seminars
organized in the region of the former Yugoslavia where research findings were presented and discussed.
Relevant publications
- Valinas, M. and Vanspauwen, K. (2009). Truth-seeking after violent conflict: experiences from South
Africa and Bosnia and Herzegovina. Contemporary Justice Review, 12 (3), 269-287.
- Aertsen, I., Arsovksa, J., Rohne, H-C., Valiñas, M. and Vanspauwen, K. (eds.) (2008). Restoring Justice
after large-scale violent conflicts: Kosovo, DR Congo and the Israeli-Palestinian Conflict. Cullompton:
Willan Publishing.
Restorative Justice related research 2000-2012 - 36
Mass Victimization and Restorative Justice in Colombia: Pathways
towards Peace and Reconciliation?
Project information
• Researcher: Isabella Bueno
• Supervisor: Stephan Parmentier
• Period: 1 September 2008 - 31 August 2012
• Funding: IRO Scholarship
Description research project
Despite various years of an intensive ongoing-armed conflict in Colombia, state-organized transitional justice
mechanisms are being applied. The aim of this research project is to deepen our understanding with regard
to the applicability of restorative justice principles in a transitional justice context of ongoing conflict. It is our
intention to provide with information the existing lacuna on the body of literature on the relationship of these
two fields. In order to achieve this goal, we will examine the way in which primary and secondary institutions
contribute to the reparation of the individual and relational harm of victims and perpetrators of the Colombian
ongoing conflict. This research is intended to cover a four-year period and is based on a qualitative research
strategy.
Restorative Justice related research 2000-2012 - 37
Mediation and community oriented measures in cases of hate crime and
discrimination
Project information
• Researcher: Nathalie Lauwers
• Supervisor: Ivo Aertsen
• Period: 1 March 2010 - 1 February 2011
• Funding: Centre for Equal Opportunities and Opposition to Racism
Description research project
The study focused on an analysis of the possible role of mediation and other community oriented measures
when dealing with hate crime and different types of discrimination (racism, homophobia and others). The
study consisted of the following parts: description of the current situation in Belgium including a discussion of
the (judicial) relevance of certain approaches for the problem under study; an analysis of specific types of
measures and practical conditions for their implementation; a further study on specific features of some
measures and their applicability in different geographical regions.
Relevant publications
Lauwers, N. and Aertsen, I. (2011). De rol van bepaalde alternatieve maatregelen in (buiten)gerechtelijke
dossiers in verband met haatmisdrijven en discriminatie (racisme, homofobie en andere discriminaties):
eindverslag (onuitgegeven).
Restorative Justice related research 2000-2012 - 38
Training in International Family Mediation
Project information
• Researcher: Brunilda Pali and Sandra Voet
• Supervisor: Ivo Aertsen
• Period: 1 July 2010 – 30 June 2012
• Funding: European Commission – Specific Programme Civil Justice 2009
Description research project
Child Focus is doing a European project around training in international family mediation, together with the
following partners: Mediation bei internationalen Kindschaftskonflikten (Mikk - Germany), K.U.Leuven and
Centrum Internationale Kinderontvoeringen (Netherlands). This project meets the priority of the Directive
2008/52/EC on certain aspects of mediation in civil and commercial matters. The project will run over two
years and will have two phases.
The goal at the end of the first phase is to create and try out a training programme for family mediators in
European member states. At the end of the second phase, a second training programme will be created,
specifically for trainers and instructors in family mediation. This second training programme will be given to
trainers from all European members states, in order for them to train family mediators in their own countries.
The final goal is the creation of a network of international family mediators in Europe.
The K.U.Leuven, as the academic partner, is undertaking a research analysis to define the whole landscape
of family mediation and international family mediation, involving children, in Europe and in all member states
individually. The results of this research analysis will be used to create both trainings programmes. A part of
the researchers’ work is also to define criteria for the selection of participants from all member states for the
training programmes. Finally, the researchers will also participate in the evaluation of the first training
programme.
Restorative Justice related research 2000-2012 - 39
3. PSYCHO-SOCIAL DYNAMICS IN RESTORATIVE JUSTICE
Perceptions of justice and fairness in criminal proceedings and
restorative encounters: Extending theories of procedural justice
Project information
• Researcher: Vicky De Mesmaecker
• Supervisor: Ivo Aertsen
• Co-supervisor: Johan Goethals
• Period: 1 September 2007 - 31 August 2011
• Funding: K.U.Leuven (Doctoral Scholarship)
Description research project
The general aim of this research project was to investigate the relationship between restorative justice and
procedural justice theory. The main research question was: “To which degree does procedural justice theory
provide for a normative foundation for restorative justice philosophy?”
When restorative justice advocates are called upon to provide for theoretical foundations for restorative
interventions, procedural justice theory is very often referred to. The assertion that empowerment of the
parties affected by crime contributes to feelings of fairness and satisfaction is supported by the theory of
procedural justice. However the last decade, new hypotheses on the importance of procedures to justice
judgements have been advanced in social psychology. These assert that the value of procedural fairness in
some situations cannot counterbalance the negative effect of an undesirable or unfair outcome. This would
mean that procedural justice theory cannot provide for a normative framework for restorative justice.
In order to shed light on this matter, we investigated (1) the basis of procedural justice judgements of victims
and offenders involved in a criminal trial, (2) victims’ and offenders’ perceptions of punishment and (3) the
impact of participation in victim-offender mediation on perceptions of procedural fairness. This was done
using three methods: (1) in-depth interviews, pre-trial and post-trial, with 54 victims and offenders of various
crimes, (2) a survey taken from these same respondents and (3) focus groups with mediators.
The results suggest that procedural justice theory is a theory that restorative justice researchers indeed can
take recourse to in order to substantiate their claim that the direct stakeholders to a crime value being
involved in the proceedings that are set up for dealing with these crimes, yet the theory cannot explain all of
the positive and negative features of restorative interventions. Additional explanatory models are needed.
Relevant publications
- De Mesmaecker, V. (2009). Ervaring met justitie als differentiërende factor in het oordeel over justitie. Een
introductie tot procedurele rechtvaardigheid. Rechtskundig Weekblad, 14, 562-576.
- De Mesmaecker, V. (2011). Perceptions of justice and fairness in criminal proceedings and restorative
encounters: Extending theories of procedural justice. Unpublished dissertation.
Restorative Justice related research 2000-2012 - 40
Victim-offender mediation and victim’s restoration. A victimological
study in the context of restorative justice
Project information
• Researcher: Daniela Bolivar
• Supervisor: Ivo Aertsen
• Co-supervisor: Johan Goethals
• Period: 1 October 2007 – April 2012
• Funding: K.U.Leuven (Selective Bilateral Agreements – SBA)
Description research project
Research on restorative justice has had different focuses. One of them has been the impact of this practice
according to its own aims. An important question that research has tried to answer is if restorative justice
does repair the damage caused by the crime. Until now, the answer seems to be “yes‟; however, it is well
known that literature is not yet sufficiently developed to really know what happens to the victim in this
process. This is due to the fact most of the research has been done using quantitative methodology, dealt
with minor crimes or juvenile offenders and focused on the assessment of victims‟ satisfaction, instead of
using an integral concept of reparation.
The purpose of this research was to gain insight into the process and the impact of participation in victim-
offender mediation for victims of violent crimes. Using a psycho-social framework and, in particular, an
ecological approach, this study tried to find out to which degree and how the experience of mediation affects
elements related to reparation, in particular: victim identity, recovery of sense of control, dignity and sense of
safety, trust in social relationships and construction of new and adaptive meanings with regard to the crime
experience.
To achieve this purpose, the research was carried out by using both qualitative and quantitative research.
On one hand, in-depth interviews of victims of crimes were the main way of inquiry in the qualitative part. On
the other hand, questionnaires were used for the quantitative part. In both evaluations, dimensions such as
the crime experience, the offer of mediation, effects and impact of crime and expectations of recovery,
among others, were evaluated. In this study, a quasi-experimental design was used. In concrete, this means
an evaluation pre-post mediation with a non-random sample. In this study, victims who accept to participate
in mediation (G1) were compared with victims who did not want to participate (G2). The incorporation of the
second group was a way to avoid the effect of the self-selection phenomenon.
Among other things, findings suggest that victim-offender mediation tends to work better when certain
conditions (such as victim’s individual characteristics or characteristics of the victim’s community of care) are
given. When individual and contextual conditions are favorable, mediation may play a role in transforming
victims’ meanings associated with the crime.
Restorative Justice related research 2000-2012 - 41
Relevant publications
- Bolivar, D. (2012). Community of care from a victim perspective: A qualitative study. Contemporary Justice
Review, 15(1), 7-37.
- Bolivar, D. (2012). Victim-offender mediation and victim’s restoration. A victimological study in the context
of restorative justice. Unpublished dissertation.
- Aertsen, I., Bolivar, D., De Mesmaecker, V., Lauwers, N. (2011). Restorative justice and the active victim:
exploring empowerment. Temida, Journal of victimization, human rights and gender, 14 (1), 5-19.
- Bolivar, D. (2011). Conceptualizing ‘Victim’s Restoration’ in Restorative Justice. International Review of
Victimology, 17 (3), p. 237-265.
- Bolivar, D. (2011). La víctima en la justicia restaurativa. Análisis desde una perspectiva psicosocial (“The
victim in restorative justice. Analysis from a psycho-social perspective”). In I. Olaizola and P. Francés (eds.).
Justicia Restaurativa y Mediación. Ediciones Universidad Pública de Navarra.
Restorative Justice related research 2000-2012 - 42
Desistance from crime: cognitive processes at work in spontaneous
adult desistance, with special attention to the effects of restorative
justice principles
Project information
• Researcher: Kristof Clonen
• Supervisor: Johan Goethals
• Co-supervisor: Ivo Aertsen
• Period: 16 januari 2006 - 31 december 2009
• Funding: F.W.O. Project
Description research project
The project aimed to detect cognitive and motivational changes sustaining desistance from crime by adult
persistent offenders, giving special attention to the effects of principles of restoration. Utilizing the available
literature regarding this subject, it was assumed that living a crime free life presupposes a reconstruction of a
self-image of a ‘delinquent’ to one of a ‘delinquent-free self.’
Research by Maruna et. al (2001) has demonstrated that the outcome of such a process is not simply a brief
final decision of the delinquent, but is rather a lengthy process containing a series of conditions and thought
processes. As a result, we adopted an approach that allowed for maximum room for the personal and
creative interpretation of this self-image and for the cognitive processes that accompany it. In light of the
findings of the research of the restorative approach, we also explored the specific transformations that form
an expression of these approaches.
Narratives (life histories) of a group of desisting individuals (career criminals who refrained from crime during
at least five years) were compared to narratives of persisting adult offenders. An attempt was made to put
both groups together via matching, focusing on the following variables: age, nationality, gender, type of
crime, and socioeconomic characteristics. Life stories of both samples were explained in a narrative
manner, where specific attention was given to the processes and motivations that (in the professional
literature) already are connected with desistance. At the same time, the narratives were examined by
considering other possible motivational and cognitive processes, focusing on restorative components.
A study day on the project was organized at the Leuven Institute of Criminology on December 15, 2009.
Research questions
1. Do we find the similar cognitive transformations as described by Giordano et al. (2002) and Maruna (2001)
that deal with processes and conditions such as the actor's basic openness to change, one's exposure to a
particular hook of sets of hooks for change, the moments and conditions that make able to envision and
begin to fashion an appealing and conventional 'replacement' of the self, the transformation in the way the
actor views the deviant views the deviant behavior or life-style, and the perception of the negative past by
the delinquent himself?
2. How can important ‘turning points’ in the life of a delinquent function as ‘hooks for change’ (cited by
Giordano et al., 2002)? How, and under which conditions, can turning points be 'hooked' to restructure one's
delinquent life into that of a non delinquent life?
Restorative Justice related research 2000-2012 - 43
3. Are processes characteristic to a restorative justice approach detectable in the process of 'desistance'
from crime? These processes refer to (a) personal contact and confrontation with the victim, (b) repairing the
harm of the crime, and (c) stakeholder involvement in the justice process (victims, offenders and community
members should participate in the justice process).
Relevant publications
- Clonen, K., Goethals, J. en Aertsen, I. (2009). Onderzoek naar het stopzetten van een criminele carrière:
de waarde van narratieve analyse. Panopticon, 30(1), 9-30.
- Clonen, K. (2009). Het stopzetten van een criminele carrière. Onderzoeksrapport. Leuven: K.U.Leuven,
Leuvens Instituut voor Criminologie.
Restorative Justice related research 2000-2012 - 44
Restorative justice and crime prevention
Project information
• Researcher: Anniek Gielen
• Supervisors: Ivo Aertsen, Inge Vanfraechem
• Period: 27/12/2008 – 27/04/2011
• Funding: European Commission - Directorate-General Justice, Freedom and Security
Description research project
By restorative justice programmes we can understand any programme that uses restorative justice
processes - meaning a form of communication between all the parties immediately involved - and seeks to
achieve restorative outcomes. An outcome can be understood in terms of victim satisfaction, offender
satisfaction, better understanding, fulfillment of restitution agreements, etc. What if we interpret the outcome
in function of crime prevention? More specifically: Does participating in restorative justice programmes
reduce future re-offending? Can restorative justice have meaning as turning point in one's criminal course of
life in order to desist from crime? Can restorative justice prevent escalation in terms of future
revenge/aggression coming from the victim's side by restoring damages and giving the chance to regaining
personal freedom? And in a more broad sense: Can the existence (and spreading) of this new conflict
handling culture and related skills have an impact on society (general prevention)? In sum, there are several
dimensions and levels on which the preventive potential of restorative justice processes and outcomes be
studied. The project specifically focuses on:
− a theoretical study of the connecting points between restorative justice and crime prevention models;
− a research on the extent to which restorative justice is inscribed in either crime prevention policies or
other – for example crime victim – policies in the 27 EU Member States and the underlying rationale
for this;
− an inventory and analysis of existing empirical research on the effect of restorative justice practices
on crime prevention.
Extensive desk research, a survey in the EU Member States and the consultation with an expert group
resulted in a final report. The findings of the project should contribute to the discussions at both national and
EU policy level about whether and how restorative justice can support crime prevention policies.
Promotor: Juvenile Justice Department of the Italian Ministry of Justice
Partners: European Forum for Restorative Justice, Instituto Psicoanalitico per le Ricerche Sociali (Italy),
Catholic University of Leuven (Belgium), University of Leeds ( UK )
Relevant publications
- Departement of Juvenile Justice - Italian ministry of Justice (Ed.). (2010). Restorative Justice and Crime
Prevention. Presenting a Theoretical Exploration, an Empirical Analysis and the Policy Perspective.
Brussels: European Commission – DG Justice, Freedom and Security.
Restorative Justice related research 2000-2012 - 45
Victims and restorative justice: an empirical study of the needs,
experiences and position of victims within restorative justice practices
Project information
• Researchers: Inge Vanfraechem, Daniela Bolivar
• Supervisor: Ivo Aertsen
• Co-supervisor: Inge Vanfraechem
• Period: 1 January 2011 – 31 October 2012
• Funding: European Commission Action Grant
Description research project
Objective(s)
The general objective of the project is to achieve more knowledge, through empirical evidence, on the
needs, experiences and position of victims when participating in restorative justice (RJ) programmes.
Formulation of the research issue: the development of RJ has lead to some questions with regard to the
position of the victim and therefore this project will deal with some questions at the micro- and macro-level.
At the micro-level, the focus will lie with the personal experience of the victim regarding the offer of
mediation, the experience of communicating with the offender in an (in)direct way, the mediation outcome
and the judicial context. At the macro-level, the legislative, organisational and institutional framework of
victim-offender mediation and conferencing will be studied.
Research design:
- Literature review and document analysis;
- Personal interviews in three different countries (Austria, Finland and the Netherlands) with victims who
participate in a (non-)completed mediation or who were referred but for whom the mediation could not
take place;
- Online survey for victim support organisations and RJ services throughout Europe;
- Three regional workshops to discuss the preliminary findings and get feedback;
- An international conference with workshops on the topic.
Research questions:
- What are victim needs and experiences in mediation? Are there differences depending on whether the
mediation is successful? What if the mediation could not take place?
- What is the relation between victim support organisations and RJ services?
Problem definition:
Practitioners, policy-makers and researchers have voiced concerns with regard to the position of the victim in
RJ, such as (1) possible negative effects on victims, (2) unknown aspects with regard to e.g. satisfaction, (3)
a risk of secondary victimisation, (4) the wish for punishment, (5) a lack of active participation, etc. These
concerns, however, have not yet been made very clear or explicit and have not been studied in an empirical
way. Furthermore the cooperation between victim support organisations and RJ services is not always
optimal, which is often related to a lack of understanding of working methods and principles. Therefore, this
project aims to get a clearer view on some of these issues, through the various methods used.
Restorative Justice related research 2000-2012 - 46
4. RESTORATIVE JUSTICE AND SOCIETY
Building social support for restorative justice
Project information
• Researchers: Brunilda Pali, Carmen Borg
• Supervisors: Ivo Aertsen (K.U.Leuven Institute of Criminology), Steven Eggermont (K.U.Leuven
School for Mass Communication Research)
• Period: 1 April 2008 – 1 April 2010
• Funding: European Commission - Criminal Justice Annual Work Programme 2007 (Action Grant)
Description research project
The project was a conceptual and practice-oriented explorative study dealing with three main questions:
1) How can interaction and cooperation with the media be set up in order to inform the public about
restorative justice and in order to educate the public about crime and justice, and more specifically about
restorative justice?
2) How can cooperation be developed with civil society organisations (including socio-cultural organisations,
schools, religious communities, etc.) in order to inform and educate the public and to create broad support
for restorative justice?
3) How can we increase the involvement of individual citizens in the functioning of local restorative justice
programmes (eg. as volunteers)?
For each of these three points, practical experiences in different European countries were studied. An
analysis was made of how to apply theoretical insights in these three areas to the restorative justice field. An
International Seminar organised around the three themes was held in Leuven in June 2009. In a last step,
recommendations and good practice examples were collected in a practical toolkit and a practical guide.
The two researchers were supported by a steering committee composed of both people with broad
theoretical and scientific knowledge, and people with concrete experience in this field.
Partners were: the European Forum for Restorative Justice, the K.U.Leuven School for Mass
Communication Research, the Institute for the Sociology of Law and Criminology, Vienna, the Restorative
Justice Consortium, London, the National Mediation Service Norway, the Albanian Foundation for Conflict
Resolution and Radio La Benevolencija, The Netherlands.
Relevant publications
- Pali B. and Pelikan C. (2010). Building Social Support for Restorative Justice: Media, Civil Society and
Citizens. Leuven: European Forum for Restorative Justice
- Pali, B. (2010). Media Toolkit: For Restorative Justice Organisations. Leuven: European Forum for
Restorative Justice
Restorative Justice related research 2000-2012 - 47
Art for Social Change: Exploring Justice through New Media
Documentary
Project information
• Researchers: Brunilda Pali, Vicky De Mesmaecker, Sharon Daniel
• Supervisor: Ivo Aertsen
• Period: 1 October 2012 – 31 September 2013
• Funding: OPAK – Onderzoeksplatform Architectuur en Kunsten
Description research project
This interdisciplinary, international arts research collaboration will explore the use of new media technologies
and documentary strategies to document and actively participate in the practice of restorative justice in an
effort to test the potential for activist art practice to have a direct role in changing social conditions. This
research will be translated into the design of a new form of new media documentary work that both
represents and embodies the practice of restorative justice -- engaging the public in a qualitative analysis of
the structural inequalities underlying current systems of retributive justice and, modeling strategies to
achieve a more productive, democratic and humane civil society. Research will further continue with the
evaluation of the New Media Documentary’s effects on the public through qualitative methods.
The general goal of the proposed research collaboration is to explore how New Media Documentary Art
practice might be used to facilitate concrete solutions to social problems. By using the approaches and tools
of New Media Documentary to document, analyze and present Restorative Justice approaches used in
specific criminal cases the team will attempt to engage the public in a consideration of the efficacy of
Restorative Justice and to question the assumptions behind our reliance on Retributive Justice. We imagine,
as we experiment with the strategies of participatory/new-media documentary, the methods and approaches
of Restorative Justice will begin to inform and expand those of activist media art practice.
Specifically, our objective is to produce a work of new media art for public exhibition/distribution that will
support and promote the social and institutional integration of Restorative Justice in Europe and the US. The
already existing working relationships between European and American colleagues both in the field of Art
Research and Restorative Justice may facilitate this process.
The project partners are: (1) Leuven Institute of Criminology – KU Leuven, (2) STUK Art Center - Leuven, (3)
Department of Film and Digital Media and Digital Arts and New Media MFA program - University of
California, Santa Cruz (USCS).
Restorative Justice related research 2000-2012 - 48
Perceptions of security and justice: Gender and cultural aspects
Project information
• Researcher: Dr. Estelle Zinsstag
• Supervisor: Ivo Aertsen (European Project Coordinator)
• Co-supervisor: Stephan Parmentier
• Period: 1 June 2012 – 20 March 2013
• Funding: KU Leuven
Description research project
This project is directly related to the FP7 ALTERNATIVE project and I will therefore work in close
collaboration with the local team and the other members of the European consortium to support and
contribute to their activities in providing feedback, help them with editorial and content matters and to assist
in the strengthening of the international and European dimensions to the project. I am planning to continue to
develop my own expertise on a number of topics included in and relevant to the FP7 project. For example:
- On the initiative of a LINC team, a scientific and international journal on Restorative Justice will be
launched. Prof Ivo Aertsen, Em. Prof. Lode Walgrave, Dr Inge Vanfraechem and Prof. Stephan
Parmentier are involved and Hart Publishing will publish it. I will contribute as managing editor to the
Journal, along the editorial team and international boards.
- By working on a number of publications solo or with colleagues of the research lines on conferencing
and sexual violence and restorative justice
- I am also planning to participate to the FP7 activities with my double expertise more particularly on
the areas mentioned in the objectives of two of the FP7 work packages (1- ‘Alternative
Epistemologies of Justice and Security’ where I could participate actively in the work on some of the
aspects concerning gender issues and 2- ‘Conflict transformation analysis’ where I could work on the
aspects concerning transitional justice).
I am planning to participate to a number of international seminars and conferences which are of relevance to
the project, especially thematically, in particular in the areas of restorative justice, gender and conflict.
I will be also actively be involved in the research programme of the Leuven Institute of Criminology (LINC),
where I will participate to the Research Line activities of both Prof. Parmentier (Political Crimes, Human
Rights and Human Security) and Prof. Aertsen (Restorative Justice) and thus will work with researchers in
both areas enabling the strengthening of the collaboration between the topics and researchers, which should
benefit the FP7 project and team by bridging knowledge, activities and projects.
Relevant publications
- Zinsstag, E. and Vanfraechem I. (eds.) (forthcoming 2012) Conferencing and Restorative Justice:
International Practices and Perspectives, Oxford: Oxford University Press.
- Fineman, M. and Zinsstag, E. (eds.) (forthcoming 2012) Feminist Perspectives on Transitional Justice:
Through a Theoretical, Policy and Practice-Oriented Lens, Antwerp: Intersentia
- Aertsen, I., Arsovska, J. et al. (eds.) (2008) Restoring Justice after Large-Scale Violent Conflicts:
Kosovo, DR Congo and the Israeli-Plestinian Case, Oxon: Routledge.
Restorative Justice related research 2000-2012 - 49
5. SOCIO-ETHICAL AND LEGAL-THEORETICAL FOUNDATIONS OF
RESTORATIVE JUSTICE
The development of a theoretical frame for ‘restorative justice’ from an
ethical and social perspective
Project information
• Researchers: Johan Deklerck & Anouk Depuydt
• Supervisor: Tony Peters & Jan Van der Veken
• Period: 1 January 2000 – 31 December 2004
• Funding: F.W.O./ K.U.Leuven
Description research project
There were two main research questions within this research project. (1) (In which way) can 'linkedness' be
an ethical frame of reference for processes of restorative justice between victim and offender? (2) (In which
way) can ‘integration-disintegration' be a model for the analysis and the orientation of processes of change of
the penal law system towards the principles of restorative justice?
The aim was:
(1) to research the properties of the concept 'linkedness' that are relevant for the process of mediation
between victim and offender (i.e. the experience, the ethical motivation, the action), and furthermore to refine
their relation (as described in the former research) theoretically, and to underpin and integrate them into a
larger ethical frame for restorative justice, by means of:
a) a philosophical in depth study of these three elements, their relation and their position in relevant
philosophical trends (method of comparative research, study of literature and interdisciplinary
seminars);
b) the test of the theoretical conclusions by an analysis of case studies, gathered in mediation dossiers
and in extended diary notations of the mediator, during a former research project on mediation for
reparation, completed by interviews with the mediators, involved in mediation (qualitative analysis of
50 case studies by means of a pre-structured scheme based on (a); structured interviews);
c) the treatment of gathered data in function of an ethical frame for restorative justice (criminological
analysis, feedback of specialists).
(2) to found four criteria that are important for the renewal of the penal law system towards restorative justice
theoretically, make them operational and bring them together in a theoretical frame for restorative justice.
These criteria are the attention for 1) a larger supporting social web for victim and offender for processes of
mediation; 2) the recovery of the ethical dimension within the penal law system; 3) the process type
character of mediation; 4) the construction of a continuum from informal till formal reactions on crime, by
means of:
a) making the model of 'integration-disintegration', as developed within the model of the layered
structure of reality, operational in the domain of restorative justice (study of criminological literature,
interdisciplinary workshops);
Restorative Justice related research 2000-2012 - 50
b) the study of the important theoretical models of mediation, starting from these four criteria (study of
literature on theoretical criminology, structured interviews with specialists);
c) the analysis of the most important forms of mediation for reparation, starting from these four criteria
(study of literature , study visits, workshops with members of the research group that are involved in
the applied research on restorative justice);
d) the handling of the research results of (b) and (c) in function of a criminological theory of restorative
justice, based on (a) (criminological analysis, feedback of specialists).
Relevant publications
- Depuydt, A. en Deklerck, J., ‘Re-ligare’ als antwoord op ‘de-linquentie’. Een aanzet tot een ethische,
contextuele en ecologische criminologie. Proefschrift ingediend tot het behalen van de graad van doctor
in de criminologische wetenschappen (onuitg.), Leuven, K.U.Leuven, 2005.
- Deklerck, J. & Depuydt, A., 'Aanzetten tot een fundamentele theorievorming voor een herstellende
justitie'. In: Dupont, L. & Hutsebaut, F. (eds.), Herstelrecht tussen toekomst en verleden. Liber Amicorum
Tony Peters, Leuven, Universitaire Pers Leuven, 2001, 163 – 196.
Restorative Justice related research 2000-2012 - 51
Punishment and sentencing in a constitutional democracy
Project information
• Researcher: Erik Claes
• Supervisor: -
• Period: 1 October 2005 – 1 October 2009
• Funding: F.W.O. Post-doctoral project
Description research project
General research issue: point of departure of this project was the increasing confusion as to the meaning,
functions, justification and purposes of criminal punishment. This is reflected in current sentencing practices
of many contemporary democracies. A plurality of penal aims and a diversity in types of criminal sanctions
accord an all too strong discretionary margin to the criminal judge than can be tolerated in a constitutional
democracy.
Objectives: This research project aimed to elaborate a coherent normative theory of criminal punishment
that 1) could offer sufficient guidance for sentencing practices; 2) help define the role of the judiciary power
in relation to other institutional actors (including restorative justice practitioners).
Research design:
In line of a constructivist method (R. Dworkin, J. Rawls), at least two research hypotheses steered this
project:
1. A coherent normative theory of criminal punishment should depart from reflection on the key
principles and aspirations of democracy and the rule of law (respect for fundamental rights, due
process values, checks and balances between institutional powers, equality, legal certainty, legality,
proportionality, participation of all the stakeholders, law as integrity). Equal respect for the human
dignity of every person plays an important interpretative role in the reconstruction and balancing of
these principles.
2. A normative theory of criminal punishment that tries to be expressive of the basic principles of
democracy and the rule of law, should spell out explicitly the limited ability of criminal punishment
and sentencing in realising the normative aspirations of a constitutional democracy. Again, reflection
on equal respect for human dignity promises to play an important critical and hermeneutic role in
mapping these limits. Retrieving the moral intuitions underlying human dignity can also help in
building bridges with restorative justice practices and, therefore, contribute to managing responsibly
the limits of criminal sentencing.
Relevant publications
- Claes, E., ‘Straftoemeting, bestraffingsfilosofie, bestraffingssociologie’ [Sentencing, Philosophy of
Punishment, Sociology of Punishment], Nederlands Tijdschrift voor Rechtsfilosofie en Rechtstheorie,
2006, 29-54.
Restorative Justice related research 2000-2012 - 52
- Claes, E., ‘Punishment, Restorative Justice and the Right to Privacy’, in Claes, E., Duff, A. and Gutwirth,
S. (eds.), Privacy and the Criminal Law, Antwerpen/Oxford, Intersentia, 2006, 181-196
- Claes, E., ‘Legality, Criminal Justice and Human Dignity’, in Claes, E., Foque, R. and Peters, T. (eds.),
Punishment, Restorative Justice and the Morality of Law, Antwerpen/ Oxford, Intersentia, 2005, 17-56.
Restorative Justice related research 2000-2012 - 53
Impossible but necessary: A study on the ethics of restorative justice
Project information
• Researcher: Brunilda Pali
• Supervisors: Ivo Aertsen and Lode Walgrave
• Period: 1 September 2010 – 1 April 2014
• Funding: Self-Funding
Description research project
This research project is about ethics and restorative justice. It starts with the concern that extreme safety
measures are putting justice at risk today, a risk reflected in illegal detention of people, “war on terror”
practices, restriction on asylum seekers, etc. Liberalism operates within a logic of identity (acknowledging
only what humans have in common: reason) and recognizes claims to justice only by those demonstrating
possession of the qualities of the liberal subject. The language used for the “Other” is similar to the language
used during the civil rights movement: tolerance, assimilation, integration. These are “noble” feelings but not
good guarantees to justice. The main challenge posed by feminism and postmodernism is how can we do
justice to those who are incomprehensibly and beyond empathy “Other”?
The project analyses this question from the framework of restorative justice (RJ), a way of doing justice
potentially able to close the gap between the universal and particular accounts of justice. An alternative
answer proposed by feminists (ex. Judith Butler) is the concept of contingent universals: universal criteria of
justice that cannot be philosophically grounded but are nevertheless empirically important. Other alternatives
are new foundations of universality: not based on logic of identity but on commonality of situation-
precariousness and vulnerability. Can RJ mediate between ethics of justice and ethics of care, particularity
and universality, rationality and emotion, just procedures and ethical concerns? Does its praxis depend on
logic of identity (justice and care for the similar), or on an ethic of alterity (justice and care for the other)?
Ten in-depth interviews will be conducted with mediators and leaders in the field, people who have been
actively constructing and influencing the discourse on restorative justice in Europe, who have constantly
bridged theory and practice. Additional material and case studies (=20) will be analysed, and 10 focus
groups will be organised.
The researcher argues that RJ has the potential to help the theory and practice of justice today. She argues
(in line with Barbara Hudson) for an ethics of relatedness, interdependence and responsibility, and a justice
“to come”. This will maintain the paradoxical notion of the universal (justice, ethics) as simultaneously
impossible and necessary.
Restorative Justice related research 2000-2012 - 54
FP7 - `ALTERNATIVE` - `Developing alternative understandings of
security and justice through restorative justice approaches in
intercultural settings within democratic societies`
Work package 3 – ’Research on models of restorative justice and their
relevance in intercultural conflicts’
Project information Researcher: Edit Törzs
Period: 1 February 2012 - 31 January 2016
Funding: EU Seventh Framework Programme (FP7), Cooperation Programme 2011, Security Theme
Project promoter: Katholieke Universiteit Leuven (Prof. dr. Ivo Aertsen (European Project Coordinator) &
Dr. Inge Vanfraechem (European Project Manager))
Description research project
The’ALTERNATIVE’ project aims to provide an alternative and deepened understanding based on empirical
evidence of how to handle conflicts within intercultural contexts in democratic societies in order to set up
security solutions for citizens and communities. In its methodology, it will combine theoretical research (on
three large topics as (1) alternative epistemologies of justice and security, (2) conflict intervention in
intercultural contexts and (3) existing methods of restorative justice and their relevance in intercultural
conflicts) with action research carried out in four different countries with different types, levels and settings of
conflicts.
Present research on existing methods of restorative justice and their relevance in intercultural conflicts, as
part of the FP7 project, on the one hand focuses on learning more on present models of restorative justice
with regard their applicability in this special context, and on the other hand will be influenced by the other
ongoing theoretical and action research done in the project, and aims to include their findings and concepts
into present research. All the research done in the project will contribute to advice on policies on national and
EU level concerning an alternative understanding of justice and security.
The theoretical research on RJ consists of two main parts:
1 - Studying existing RJ models and their potential application to conflicts in an intercultural context. This
work aims at identifying and analysing existing RJ models, such as mediation, conferencing, peace circles
and social mediation based on literature already exist and analysing their potential application to conflicts in
an intercultural context. With a help of a survey, information will also be gathered from different countries on
existing models, best practices and experiences on using RJ in intercultural settings.
2 - Analysing the relevance of RJ in intercultural settings and possible implications for EU policies. EU
policies will be studied more into detail: with respect to security and justice, with respect to diversity and
intercultural tensions, and with respect to RJ (and to bring them together in one perspective). Through a
Restorative Justice related research 2000-2012 - 55
document analysis and literature study, the dealing with conflicts in an intercultural setting and the potential
role of restorative justice will be analysed in order to estimate its potential impact.
Beyond research activities the EFRJ is responsible for most of the dissemination activities in the project,
with an approach of ongoing dissemination during the project to help the continuous interaction between
experience gained in different work packages, and also feedback from outside. Other highlight of the
dissemination will be a production of a film based on films made by citizens involved in action research.
Therefore, film-making in this project will be used both as research, but dissemination tool as well.
The project partners are: Katholieke Universiteit Leuven, Belgium, Norwegian Social Research, Norway,
European Forum for Restorative Justice, Belgium, Institute for the Sociology of Law and Criminology,
Austria, Foresee Research Group, Hungary, Victimology Society of Serbia, Serbia, University of Ulster, UK
Restorative Justice related research 2000-2012 - 56
B. RESEARCH COORDINATION
FP7 - `ALTERNATIVE` - `Developing alternative understandings of
security and justice through restorative justice approaches in
intercultural settings within democratic societies`
Project information
Researchers: The project will be carried out by seven research institutes with broad European
representation. Coordinator of the project is KU Leuven Institute of Criminology. The other partners are:
- Norwegian Social Research (NOVA), Norway
- European Forum for Restorative Justice (EFRJ), Belgium
- Institute for the Sociology of Law and Criminology (IRKS), Austria
- Foresee Research Group (Foresee), Hungary
- Victimology Society of Serbia (VDS), Serbia
- University of Ulster (UU), UK
At each of these research institutes several researchers are involved in the project.
Period: 1 February 2012 – 31 January 2016
Funding: EU Seventh Framework Programme (FP7), Cooperation Programme 2011, Security Theme
Project promoters: Katholieke Universiteit Leuven (Prof. dr. Ivo Aertsen (European Project Coordinator) &
Dr. Inge Vanfraechem (European Project Manager))
Description research project
The overall objective of the project is to provide an alternative and deepened understanding based on
empirical evidence of how to handle conflicts within intercultural contexts in democratic societies in order to
set up security solutions for citizens and communities. From this main objective several specific objectives
are derived:
1. To develop a coherent theoretical framework for an alternative understanding of security and justice
2. To develop empirically applicable knowledge on conflict and conflict transformation in intercultural
settings
3. To design, apply and evaluate concrete action models in four different intercultural conflict settings,
based on an alternative understanding of justice and security and on existing restorative justice
models
4. To analyse the findings from the four pilot settings in a comparative way and to advance knowledge
by integrating the empirical results into theoretical insights and by adapting the latter accordingly.
The project will study both the phenomenon of conflict (its nature, characteristics, evolution, definitions,
understandings) and conflict intervention in intercultural contexts, as seen from the framework of restorative
justice, and provide alternative understandings of both.
The theoretically oriented work packages deal mainly with alternative epistemologies of justice and security,
with conflict and conflict resolution approaches, and with RJ models application and their relevance for
European policies.
Restorative Justice related research 2000-2012 - 57
The practice oriented work packages represent four settings or ‘case studies’, on the basis of which a
comparative analysis will be made. In each of the work packages the assessment of the phenomenon
precedes the development of a local action research programme. The case studies are located at four
different sites. The action research in each of these sites is dedicated to different levels of intercultural
conflicts: 1) at the micro-level - everyday conflicts between local residents and residents with migrant
background in public/social housing (Vienna); 2) at the meso-level - conflicts in a small town with Roma and
non-Roma inhabitants (Hungary); 3) at the meso/macro-level - interethnic conflicts within three multi-ethnic
and multicultural regions: conflicts between Serbs, Albanians, Muslims and Croats (Serbia); 4) and at the
meso/macro-level - civil conflicts at three sites: conflicts between a local community and gangs of youths;
between long term residents and recent immigrants; and inter-community sectarian conflict (Northern
Ireland).
Restorative Justice related research 2000-2012 - 58
COST Action A21: ‘Restorative Justice Developments in Europe’
Project information
Researchers: About 70 researchers from 21 European countries were part of the network.
Coordinator and Chair of Management Committee was prof. dr. Ivo Aertsen. Chairs of the Working Groups
were respectively Ida Hydle (Norway), Michael Kilchling (Germany), Rob Mackay (Scotland) and Jana
Arsovska (Macedonia).
Period: 29 November 2002 – 28 November 2006
Funding: European Union & European Science Foundation
Project promoters: Prof. Dr. Ivo Aertsen (Chair) & Dr. Robert Mackay (Vice-Chair)
Description research project
The main objective of the Action was to enhance and to deepen knowledge on theoretical and practical
aspects of restorative justice in Europe, with a view to supporting implementation strategies in a scientifically
sound way. In order to reach this general objective, a network of researchers throughout Europe was
established to:
1) exchange and discuss research needs, methods and results;
2) co-ordinate research projects in the respective countries as far as possible and desirable;
3) stimulate or support further (common) research projects.
The scientific programme of the COST Action was split up in four domains, each domain being dealt with by
a Working Group:
1. Evaluative research on restorative justice practices
2. Policy oriented research on restorative justice developments
3. Theoretical research
4. Restorative justice, violent state conflicts and mass victimisation
The Working Groups met twice a year, and additionally workshops, conferences and study visits were
organised. The COST Action resulted in 6 book publications and numerous articles.
More information on this COST Action and its partners can be found here:
http://www.cost.eu/domains_actions/isch/Actions/A21
http://www.euforumrj.org/Projects/projects.COST.htm
Relevant publications
- Aertsen, I., Arsovska, J., Rohne, H.-C., Valiñas, M. and Vanspauwen, K. (eds.), Restoring justice after
large-scale violent conflicts: Kosovo, DR Congo and the Israeli-Palestinian case, Cullompton, Willan
Publishing, 2008.
- Aertsen, I., Daems, T. and Robert, L. (eds.), Institutionalizing Restorative Justice, Cullompton, Willan
Publishing, 2006.
- Brian Williams Memorial Volume on the theme of Social Justice, British Journal of Community Justice,
Vol. 6, Issue 2, 2008 (Special Issue with 10 contributions offered by the COST Action Working Group on
Evaluative Research).
- Mackay, R., Bošnjak, M., Deklerck, J., Pelikan, C., van Stokkom, B. and Wright, M. (eds.), Images of
Restorative Justice Theory, Frankfurt am Main, Verlag für Polizeiwissenschaft, 2007.
Restorative Justice related research 2000-2012 - 59
- Miers, D. and Aertsen, I. (eds.), Regulating Restorative Justice. A comparative study of legislative
provision in European countries, Frankfurt am Main, Verlag für Polizeiwissenschaft, 2012.
- Vanfraechem, I., Aertsen, I. and Willemsens, J. (eds.), Restorative Justice Realities. Empirical research
in a European context, The Hague, Eleven International Publishing, 2010.
Restorative Justice related research 2000-2012 - 60
C. RESTORATIVE JUSTICE: AN INTERNATIONAL JOURNAL
Published by Hart Publishing
Restorative Justice seeks to facilitate the development and exchange of scientifically based knowledge on
past, on-going and future practices, models and theories within the domain of restorative justice (RJ). It aims
to gather and present in a systematised way scientific practice and policy related information on RJ
worldwide, thereby deepening empirical and theoretical knowledge and achieving a fluent exchange of
knowledge which will stimulate debates within the field of restorative justice and advance the development of
RJ worldwide in a critical and independent way
Restorative Justice publishes original, ground-breaking and innovative articles about RJ and as such seeks
to be the leading worldwide forum for those working in the field of RJ - academics, researchers, practitioners
and policy-makers.
Editorial Team
Professor Ivo Aertsen (KU Leuven, Belgium) (Editor in Chief)
Dr Estelle Zinsstag (KU Leuven, Belgium) (Managing Editor)
Professor Stephan Parmentier (KU Leuven, Belgium) (Associate Editor)
Dr Inge Vanfraechem (KU Leuven, Belgium) (Associate Editor)
Emeritus Professor Lode Walgrave (KU Leuven, Belgium) (Associate Editor)
Prof Gerry Johnstone (University of Hull, UK) (Book Review Editor)
Editorial Board
Prof Gordon Bazemore (Florida Atlantic University, USA); Prof John Blad (Erasmus University Rotterdam,
the Netherlands); Prof Robert Cario (Université de Pau, France); Prof Grazia Mannozzi (University of
Insubria, Italy); Mr Eduardo Rezende Melo (Judge for the State of Sao Paulo, Brazil); Dr Christa Pelikan
(Institut für Rechts- und Kriminalsoziologie, Austria ); Dr Ann Skelton (University of Pretoria, South Africa); Dr
Heather Strang (University of Cambridge, UK and Australian National University, Australia); Prof Dennis
Wong (City University of Hong Kong, Hong Kong)
International Advisory Board
Mr Dominic Barter (Restorative Circles, Brazil); Prof John Braithwaite (Australian National University,
Australia); Emeritus Prof Nils Christie (University of Oslo, Norway); Prof Adam Crawford (University of Leeds,
UK); Prof Chris Cunneen (James Cook University, Australia); Prof Kathleen Daly (Griffith University,
Australia); Prof Carolyn Hoyle (Oxford University, UK); Dr Michael Kilchling (Max Planck Institute, Germany);
Prof Shadd Maruna (Queen’s University Belfast, UK); Prof Brenda Morrison (Simon Fraser University,
Canada); Prof Vesna Nikolić-Ristanović (University of Belgrade, Serbia); Prof Joan Pennell (North Carolina
State University, USA); Prof Joanna Shapland (Sheffield University, UK); Prof Clifford Shearing (University of
Cape Town, South Africa); Prof Mark Umbreit (University of Minnesota, USA); Mr Dan Van Ness (Prison
Fellowship International, USA); Prof Elmar Weitekamp (University of Tübingen, Germany); Prof Howard Zehr
(Eastern Mennonite University, USA); Prof Hongwei Zhang (Guangxi University, China)
Online Publication
Further details of the Journal can be found online at:
http://www.hartjournals.co.uk/rj/index.html
Restorative Justice is published online at:
http://www.ingentaconnect.com/content/hart/rj