Restorative justice as a response to intimate partner violence : a pathway to survivor - centred justice and social repair

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University of Pretoria

Abstract

Intimate partner violence (‘IPV’) is the most common form of gender-based violence experienced by women in South Africa and worldwide. Despite efforts to improve the criminal justice response, the existing remedies have been accepted as largely ineffective in addressing IPV. IPV survivors are some of the most misunderstood victims seeking redress from the legal system. Many IPV survivors do not seek the punishment of their partner and require other forms of redress to address the personal and societal harm caused by IPV. Carceral approaches do not serve the justice needs of many marginalised survivors. Recognizing the impact of race, gender, and class on survivors' experiences and justice options, this research applies an intersectional feminist lens to explore the efficacy of restorative justice as an alternative response to IPV. Through qualitative analysis, the study investigates whether restorative justice can better meet the needs of marginalized IPV survivors who prefer non-carceral responses. Findings suggest that restorative approaches not only empower survivors by amplifying their voices but also foster accountability among offenders and facilitate community engagement in the process. Ultimately, this research advocates for a paradigm shift in the movement to end violence, prioritizing restorative justice as a means to centre survivor needs, interrupt cycles of violence and promote social repair.

Description

Mini Dissertation (LLM (Law and Political Justice))--University of Pretoria, 2024.

Keywords

Intimate partner violence (IPV), Domestic violence, Restorative justice, Community accountability, Social repair

Sustainable Development Goals

SDG-05: Gender equality

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