Restorative Justice and Gender-Based Violence: Reflections by Dr. Diana Márquez

Introduction

Gender-based violence is a complex, multidimensional issue that demands the justice system offer effective—and above all transformative—responses. Throughout my experience, I have seen how Restorative Justice can complement the handling of gender-based violence offenses, provided it is applied with the utmost care and guarantees the rights and safety of victims.

It is also necessary to distinguish between Mediation and a restorative approach or restorative practices, in order to arrive at a response suited to this grave problem that runs through our society, without forgetting that victims of gender-based violence—the vast majority of them women—are not incapable; they can and should have the right to face their situation with more options than the very narrow menu of criminal punishments our system offers.

The challenge of power and safety in restorative processes

One of the greatest challenges I observe in Restorative Justice, in its practices and approaches, especially in cases of gender-based violence, is the power asymmetry inherent to this type of offense. Abusive relationships, as we know, are marked by a structural imbalance of power, where the offender exercises control and dominance over victims.

Restorative Justice and integral reparation in cases of gender-based violence

In my opinion, the traditional approach of the criminal justice system, which centers mainly on retributive sanction, sets aside the need for integral reparation for victims. Restorative Justice, as I understand it, offers a much broader approach that is not limited to conviction, nor to a monetary transaction, but instead seeks to repair harm at an emotional, transcendental, relational, and social level.

Restorative Justice never implies minimizing the seriousness of offenses or allowing offenders to avoid taking responsibility. Impunity has no place in Restorative Justice; on the contrary, what it seeks is a form of accountability that is deep and transformative.

The importance of informed consent and victim empowerment

Restorative Justice is based on voluntariness. In cases of gender-based violence, this principle takes on crucial importance. For me, it is essential that victims participate from a position of strength, with full knowledge of the risks and characteristics of the restorative process, and that their consent be completely free of pressure.

The role of the community in repairing social bonds

One of the most important aspects of Restorative Justice is the role the community plays in repairing the bonds broken by gender-based violence. Gender-based violence does not only directly affect the victim; it also has a profound impact on the whole community. From my perspective, it is essential that the community become involved in reparation processes, since gender-based violence is a structural problem that requires a collective response.

Conclusion: A restorative approach as a complement to criminal justice

Restorative Justice should complement the handling of gender-based violence offenses, with due care and safeguards for victims—no legislation or convention prohibits it. It must be an approach suited case by case, person by person, and in the right contexts it can offer truly integral reparation, with an active community caring for and supporting genuine change and transformation of the logics of violence that run through us.

Restorative culture, the logic of kindness and care, is a construction in which each and every one of us can be committed.