Restorative Justice Model Applied to Family Conflicts

Propuesta acerca del Modelo de Justicia Restaurativa aplicada a la Materia Familiar. Tercera Parte
1 julio 2020
Modelo de Justicia Restaurativa Aplicado a los Conflictos Familiares
2 julio 2020
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Restorative Justice Model Applied to Family Conflicts

The proposal of this restorative justice model applied to family matter, has its bases in the philosophy, epistemology, axiology and pillars of restorative Justice as theory and social movement.

It is focused on attending to the damage that offenses cause in the family environment, to find a way to heal them in the best possible way, in order to harmonize family relationships and social pacification, since addressing the damage from families is possible contain and avoid the impact of family conflict on the community and society.

The Family Restorative Justice seeks to deal with the damage in an integral way, that is, not only in form, but also in substance, reaching the damages, to look for alternatives that allow for their repair.

It is proposed as part of this model the multidisciplinary intervention of a team made up of professionals from different social sciences, such as law, psychology, social work, etc., who together with the family facilitator, who directs the restoration process, accompany families on the road to dealing with offenses and repairing damages in the family relationship. Multidisciplinarity allows an integral mapping of the conflict from the experience of different professions, which allows identifying the damages and seeking effective alternatives that allow them to be repaired in an integral way.

Restorative justice applied to family matter allows addressing the entire spectrum of restorative practices from informal to formal practices, not only reactively, but also preventively, which allows families to strengthen healthy emotional and social ties.

The design of programs with a total, moderately or partially restorative approach, is also part of this integrative approach to heal the damage in family relationships, according to the needs of the participants.

The Proposal for this model arises from the experience obtained from the family restoration processes carried out in the Judicial Power of the State of Mexico (Poder Judicial del Estado de México), who is a pioneer in restorative practices in judicial settings, achieving an integrative model from which not only is achieved resolving the legal controversy, if not going further by addressing and attending the offenses and damages that arise in the family environment.

As part of the experience in restorative justice applied to family matter, in judicial settings where there is already a trial, formal restorative practices have been carried out in the Mexican Judiciary Power (Poder Judicial Mexiquense), such as “circles of restorative sentencing in family matter” (“círculos de sentencia restaurativos en materia familiar”) where with the collaborative approach and democratic restorative justice, judges, magistrates, lawyers, parents, children, community members, and the multidisciplinary team that facilitates and accompanies families, attend to damages, and seek to repair them, and with the agreements that emerged from the Restorative process and of the circle said, the corresponding sentence is issued in family matter, without a doubt having facilitated the first circle of this type,  encourage my interest in strengthening and building a model of restorative justice applied to family matter.

For everything shared in these lines, I maintain that it is not only feasible, if not necessary, to promote restorative justice applied to family matter, since the family is the social nucleus, where offenses and significant and difficult to heal damages are caused, same that are also reflected in the community, it is important to heal the damage from where in many cases it is gestated, to have an increasingly restorative and healthy society, for the benefit of all.

By Claudia Villavicencio

Facilitator of Family Restorative Justice Processes

and Director of Katartizo

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