Fundamental Concern and Practice: Community Justice balancing over the Human Rights

2021 ◽  
Author(s):  
Garima Jargar
Keyword(s):  
Human Rights ◽  
Community Justice ◽  
Practice Community

The mixed and hybrid criminal courts of Brazil: Mainstreaming restoration, rehabilitation and community justice in a human rights context

2020 ◽  
Vol 27 (1) ◽  
pp. 23-42
Author(s):  
Tyrone Kirchengast ◽  
Tatiana Badaró ◽  
Lucas Pardini
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Problem Solving ◽  
Service Providers ◽  
Alternative Pathway ◽  
Therapeutic Process ◽  
Criminal Procedure ◽  
Community Justice ◽  
Justice Process ◽  
Mixed Approach

In Brazil, minor to mid-level criminal offences are dealt with through an inventive community problem-solving paradigm that sees a shift from traditional court engagement between the accused and state towards a therapeutic process that involves all participants in the justice process. This article considers the work of the Domestic Violence and Special Justice Courts of Brazil, by examining their use of a mixed and hybrid adversarial-inquisitorial criminal procedure that supports a participatory model of community and problem-solving justice in a human rights context. The article argues that this hybrid and mixed approach to criminal justice allows for the mainstreaming of problem-centred and community justice through the adoption of human rights measures that afford justice to all participants in the criminal justice process. This approach sees the forging of relationships between traditional and non-traditional justice stakeholders, specifically victims, police, the judiciary, defendants, the community and service providers, as a central rather than alternative pathway to justice. Importantly, this innovative criminal procedure as a standard response to crime provides for longer-term community building by engaging victims and the accused through a range of informal processes that support admonishment of wrongdoing and conciliation between the victim, offender and community, albeit more serious matters invariably proceed directly to trial. Lessons from this mixed and hybrid model for adversarial jurisdictions attempting to better integrate problem-solving justice follow.

Indigenous Australians, Specialist Courts, and The Intergenerational Impacts of Child Removal in The Criminal Justice System

2020 ◽  
Vol 28 (2) ◽  
pp. 378-400
Author(s):  
Amelia Radke ◽  
Heather Douglas
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Torres Strait Islander ◽  
Local Community ◽  
Ethnographic Study ◽  
Indigenous Australians ◽  
Community Justice ◽  
Torres Strait ◽  
Kinship Ties ◽  
The Impact

Murri Courts are a specialist criminal law practice that includes Elders and respected persons of the local Community Justice Group in the sentencing of Aboriginal and Torres Strait Islander defendants. Drawing on an ethnographic study of two southeast Queensland Murri Courts, this article explores the impact of State ordered out-of-home care on Aboriginal and Torres Strait Islander defendants and their children. We show how Community Justice Groups and specialist courts help to address the intergenerational impacts of child protection interventions. The rights of Australian Indigenous peoples to enjoy, maintain, control, protect and develop their kinship ties is recognised under the Human Rights Act 2019 (Qld) and international human rights treaties. We suggest that policymakers and legislators should better recognise and support Community Justice Groups and specialist courts as they provide an important avenue for implementing the rights of Australian Indigenous peoples to recover and maintain their kinship ties.

Human Rights and Law

2009 ◽  
Author(s):  
Ramesh Kumar Tiwari
Keyword(s):  
Human Rights

Human Rights on Trial

2018 ◽  
Author(s):  
Justine Lacroix ◽  
Jean-Yves Pranchère
Keyword(s):  
Human Rights
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