Within the framework of a research that is aimed at fostering the culture of mediation, in particular in the criminal sector, so as to leave room and opportunity for voicing the demand coming from victims, we think it is fundamental to develop an analysis and interpretation of the relevant issues from the victims' standpoint by putting matters into their perspective.
The recently re-discovered role played by victims and the reasons for this revamping of the attention paid to them make it necessary to dwell, as a first step, on the concept of victim as such - which should be outlined both from a purely legal and criminological viewpoint and in a broader, more substantive perspective, i.e. by considering the victim as the holder of specific rights and prerogatives. Having done so, one would think it appropriate to provide an overview - albeit concise - of the main European and international policies related to victim protection. Only at this point, i.e. after clarifying the role of the injured persons, their prerogatives, and the supranational system of safeguards developed to their benefit (with a link to international and Community recommendations), will it be possible to briefly address the main limitations applying to the current victimology safeguards with particular regard to the restorative justice tools that are actually available to injured parties.
The question introducing the second part of this teaching unit has to do with the role played by victims within the current criminal justice system. Taking account that no exhaustive analysis can be carried out, our investigation probes deeper into the - rather limited - manoeuvring room left to victims in the context of criminal proceedings concerning juveniles.
Loopholes also feature in the protection afforded to an especially vulnerable category of injured persons, which are entitled to enhanced precautions during juvenile criminal proceedings or other entities - we are talking here about underage victims. Given the revamping of the attention paid to injured parties and the overall dissatisfaction with a set of measures intended to foster their interests, which are actually insufficient in order to ensure an adequate protection level as regards both their rights and their psychological and/or victimological needs, restorative justice is gaining hold. Thanks to its revolutionary nature - as it is mainly focused on the victim, although it features tools that can suitably prevent stigmatisation of the injured party as well as of the offender - restorative justice in general, and mediation more specifically, can work as the wrench required to finally open up the doors leading to the actual, in-depth, broader consideration of victims' needs.
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Tools in Network is a project of the Department of Juvenile Justice - Ministry of Justice of Italy in the framework of the Leonardo Da Vinci Education and Culture Lifelong Programme