Innovative Justice Responses for Non-recent Institutional Abuses: Restorative, Transitional and Transformative Justice

Non-recent institutional abuse refers to the harm, marginalisation, and shame organisations and states have inflicted on individuals, nations, and entire groups of peoples. It can include physical, emotional, sexual, or cultural abuse and neglect within state and non-state institutions.

Institutional responses to such harms have historically focused on ‘bad apples’ and the actions of individual perpetrators (Keenan 2012). However, structural factors are increasingly recognised as contributing to such issues, with aspects such as gender, age, race, disability, and power relations playing a role in oppression and inequality, demanding different approaches (Penhale 1999). Thus, although individuals within institutions can be responsible for specific acts of abuse, harm may also be more widespread or systemic.

Restorative, Transitional and Transformative Justice

Authors

Dr Sophie van der Valk (University College Dublin), Dr Allely Albert (TU Dublin), Prof Anne-Marie McAlinden (Queen’s University Belfast), Dr James Gallen (Dublin City University), and Dr Marie Keenan (University College Dublin).

About the Author

Professor Anne-Marie McAlinden

Anne-Marie McAlinden is Professor of Law and Criminal Justice at the School of Law, Queen's University Belfast. She is the author of Children as ‘Risk’: Sexual Exploitation and Abuse by Children and Young People (Cambridge Studies in Law and Society), Cambridge: Cambridge University Press (2018); and ‘Grooming’ and the Sexual Abuse of Children: Institutional, Internet and Familial Dimensions (Clarendon Studies in Criminology Series), Oxford: Oxford University Press (2012).

Innovative Justice Responses for Non-recent Institutional Abuses: Restorative, Transitional and Transformative Justice