1) Upholding Human Dignity
The principle of dignity is a cornerstone of the human rights’ framework, as emphasised in the preamble of the Universal Declaration of Human Rights (UDHR) and in Article 1, which declares that “all human beings are born free and equal in dignity and rights”. Mainstream justice systems, traditionally focused predominantly on legal guilt and punishment, often fail to uphold and protect the rights and dignity of those who have experienced or caused harm. Restorative justice, by contrast, protects the inherent dignity of every individual. It provides the person harmed with a voice, the person who caused harm a chance to take responsibility, and communities a role in healing.
The United Nations Basic Principles on the Use of Restorative Justice Programmes in Criminal Matters[1] affirms this, stating that “restorative justice respects the dignity and equality of each person, builds understanding, and promotes social harmony through the healing of victims, offenders and communities.” By aligning with standards such as the Nelson Mandela Rules[2], and equipping individuals who caused harm with interpersonal and emotional skills, restorative justice operationalises these international standards, offering a justice framework that protects dignity and promotes reintegration into society. As a people-centred practice, it also works to overcome systemic barriers to access to fair and equal justice based on a person’s race, sex, gender, language, religion, political opinion, national or social origin, property, birth, or any other status (UDHR, Article 2 and 5).
2) Reinforcing Justice-Related Human Rights
Restorative justice achieves justice in ways that respect and reinforce core rights articulated in the Universal Declaration of Human Rights. This includes freedom from torture and inhuman or degrading treatment (UDHR, Article 5); the right to recognition everywhere as a person before the law (UDHR, Article 6); the right of equality before the law without discrimination (UDHR, Article 7).
Restorative justice also promotes the right to an effective remedy (UDHR, Article 8) and the right to a fair trial (UDHR, Article 10) by offering a more flexible and individualised approach to justice, ensuring proportionate outcomes tailored to the context of each case. By giving voice to each party involved, it upholds the right to freedom of expression (UDHR, Article 19). Additionally, restorative justice provides a pathway to address systemic challenges such as court delays and backlogs, alleviating pressure on formal systems while promoting timely and effective justice, supporting the duties to the community, respect for the rights and freedoms of others, and meeting the just requirements of morality of public order and general welfare in a democratic society (UDHR, Article 29).
3) Supporting Other Human Rights
As an empirically proven tool for both preventing and repairing harm, restorative justice is an indispensable mechanism for protecting and addressing violations of human rights. These include, but are not limited to: the right to life, liberty and security of person (UDHR, Article 3); the right to own property (UDHR, Article 17); the right to freedom of thought, conscience, and religion (UDHR, Article 18).
4) Specific Applications: The Rights of the Child and Indigenous and Cultural Rights
Restorative justice is widely recognised as a more effective approach for children in contact with the law than retributive systems. The Committee on the Rights of the Child General Comment No. 24 on children’s rights in the child justice system underscores the importance of restorative justice in this context.[3]
Additionally, many restorative justice practices are rooted in Indigenous justice approaches. By aligning with the principles of cultural integrity, self-determination, and respect for traditional practices, restorative justice offers a culturally sensitive approach that respects diversity and avoids imposing dominant legal frameworks on Indigenous communities.