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Professional paper

https://doi.org/10.3935/ljsr.v22i1.31

MAKING THE BALANCED APPROACH BETWEEN VICTIM AND OFFENDER A REALITY: INTEGRATING A PROACTIVE APPROACH TOWARDS THE VICTIM

Clara Álvarez ; Mediation and Reparation Programme, AGI Foundation and Directorate General of Probation and Juvenile Justice, Justice Department, Generalitat de Catalunya, Spain
Marçal Baig ; Mediation and Reparation Programme, AGI Foundation and Directorate General of Probation and Juvenile Justice, Justice Department, Generalitat de Catalunya, Spain
Clara Casado ; Mediation and Reparation Programme, AGI Foundation and Directorate General of Probation and Juvenile Justice, Justice Department, Generalitat de Catalunya, Spain
Ana Gómez ; Mediation and Reparation Programme, AGI Foundation and Directorate General of Probation and Juvenile Justice, Justice Department, Generalitat de Catalunya, Spain
Mercè Llenas ; Mediation and Reparation Programme, AGI Foundation and Directorate General of Probation and Juvenile Justice, Justice Department, Generalitat de Catalunya, Spain
Montserrat Martínez ; Mediation and Reparation Programme, AGI Foundation and Directorate General of Probation and Juvenile Justice, Justice Department, Generalitat de Catalunya, Spain
Silvina Martins ; Mediation and Reparation Programme, AGI Foundation and Directorate General of Probation and Juvenile Justice, Justice Department, Generalitat de Catalunya, Spain
Sònia Muñoz ; Mediation and Reparation Programme, AGI Foundation and Directorate General of Probation and Juvenile Justice, Justice Department, Generalitat de Catalunya, Spain
Albert Rodríguez ; Mediation and Reparation Programme, AGI Foundation and Directorate General of Probation and Juvenile Justice, Justice Department, Generalitat de Catalunya, Spain


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Abstract

The Mediation and Reparation Program (MRP) was from the outset set up with the mission of serving both victims’ and offenders’ needs alike, that is to say, informed by a balanced approach between victim and offender in accordance with the restorative justice (RJ) principles.
Concerned with the risk of secondary victimisation, the scheme has traditionally observed the protective approach; therefore as a general rule, with serious crimes we have followed the offender-initiated model. However, the experience gathered has shown that such practice was not fully in line with our stated mission as victims were having more limited access to the scheme compared to offenders.
The aim of this paper is to share the process that has led a team of practitioners to reflect on our practice and review the protective approach in place. To that end, the combination of factors we have identified to be at the root of this transformation will be analysed, and the key changes introduced in order to improve victims’ access will also be outlined.

Keywords

victim-offender mediation; restorative justice; protective approach; proactive approach

Hrčak ID:

139981

URI

https://hrcak.srce.hr/139981

Publication date:

1.6.2015.

Article data in other languages: croatian

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