Reviewing the current social context
In recent years, the terms related to restorative justice and antipunitivism have gained prominence in discussions on sexist and sexual violence. Although these ideas are not new, their current application in social and legal debates has led to a renewed interest. However, these concepts are often misused, confusing or using them indistinctly without a clear understanding of their meanings.
Differentiating antipunitivism and restorative justice
The antipunitivist movement arose during the sixties and seventies, as a critical response to the traditional criminal system. This current seeks to challenge the notion of punishment as the main solution, focusing on social and racial inequalities perpetuated by the judicial system. Authors such as Angela Davis and Michel Foucault have brought deep reflections on the subject, creating a theoretical basis for this perspective.
Restorative justice as a complement
Restorative justice, on the other hand, is not defined by its opposition to punishment, but because of its mission to repair the damage caused by violent acts. In this sense, it seeks to integrate the aggressor into the repair process, but it should not be confused with a purely punitivist or antipunitivist approach. Restorative processes can be complementary to traditional legal procedures, as seen in cases of Argentina or South Africa, where repair has been carried out outside criminal convictions.
The need for deep reflection
One of the most critical aspects to consider is the difference between the restorative processes that operate within the judicial system and those carried out in communities or work fields. The way these processes are carried out may vary significantly depending on the existing social conditions and dynamics of power.
Avoid revictzació
It is essential to ensure that restorative processes do not reproduce dynamics of violence or revictimization. Institutions, as well as the media, can contribute to revictimization if situations of sexist violence are not properly handled. In this sense, the mediations must be designed with a clear understanding of the inequalities of power and with the intention of causing no more damage.
The role of community and facilitators
The community plays a vital role in the implementation of restorative processes. Not only should it be part of the solution, but it must also be actively involved in repairing the social fabric affected by violence. The facilitators of these processes need to be properly trained and to take into account the intersectional dynamics that can influence the result.
Building a restorative justice of his own
It is crucial that the experiences of restorative justice be built based on local needs and realities. The practices that have worked in other contexts will not always be applicable without significant adaptation. Therefore, it is important to learn from existing models and at the same time respect the genealogies and traditions of communities that have experienced violence.
A future with restorative perspectives
At a time when discussions on sexist violence are more relevant than ever, it is imperative that local communities and experiences are integrated into the construction of restorative justice that is really effective. We cannot simply adopt external models; We must build a system that reflects the needs and realities of the affected people.
