How Does Restorative Justice Address Human Rights and Due Process Issues?

Source: (2004) In, Howard Zehr and Barb Toews, eds., Critical Issues in Restorative Justice. Monsey, New York and Cullompton, Devon, UK: Criminal Justice Press and Willan Publishing. Pp. 203-213.

In this chapter, Ann Skelton and Cheryl Frank explore risks to the human rights of victims and offenders in restorative justice processes. In the criminal justice system rights are generally construed in terms of due process rights. Skelton and Frank characterize this as too narrow a construct of rights. The framework of human rights – such as dignity and equality – catches up due process rights but is broader and deeper. Hence, Skelton and Frank locate issues of rights in restorative justice processes in the framework of human rights, with due process rights as part of this larger, more significant perspective. Thus, issuing a challenge to restorative justice theorists and practitioners, they argue that human rights must be part of restorative justice programs and processes.