Reframing Public Inquiries as 'Procedural Justice' for Victims of Institutional Child Abuse: Towards a Hybrid Model of Justice


Autoria(s): McAlinden, Anne-Marie; Naylor, Bronwyn
Data(s)

26/09/2016

Resumo

As the number of high profile cases of institutional child abuse mounts internationally, and the demands of victims for justice are heard, state responses have ranged from prosecution, apology, and compensation schemes, to truth commissions or public inquiries. Drawing on the examples of Australia and Northern Ireland as two jurisdictions with a recent and ongoing history of statutory inquiries into institutional child abuse, the article utilises the restorative justice paradigm to critically evaluate the strengths and limitations of the inquiry framework in providing ‘justice’ for victims. It critically explores the normative and pragmatic implications of a hybrid model as a more effective route to procedural justice and suggests that an appropriately designed restorative pathway may augment the legitimacy and utility of the public inquiry model for victims chiefly via improving offender accountability and ‘voice’ for victims. The article concludes by offering some thoughts on the broader implications for other jurisdictions in responding to large-scale historical abuses and seeking to come to terms with the legacy of institutional child abuse.

Formato

application/pdf

Identificador

http://pure.qub.ac.uk/portal/en/publications/reframing-public-inquiries-as-procedural-justice-for-victims-of-institutional-child-abuse-towards-a-hybrid-model-of-justice(4f740341-3baa-4957-a48e-2a7a60fe7fcc).html

http://pure.qub.ac.uk/ws/files/104691097/Reframing.pdf

Idioma(s)

eng

Direitos

info:eu-repo/semantics/openAccess

Fonte

McAlinden , A-M & Naylor , B 2016 , ' Reframing Public Inquiries as 'Procedural Justice' for Victims of Institutional Child Abuse: Towards a Hybrid Model of Justice ' Sydney Law Review , vol 38 , no. 3 , pp. 277-308 .

Palavras-Chave #public inquiries, #procedural justice, #restorative justice, #institutional child abuse, #Australia, #Northern Ireland
Tipo

article