I had been a children’s rights lawyer, working regularly with victimized children, when
I decided to examine the appropriateness of restorative justice as an alternative to
the criminal process for child victims. I was led by frustration with the formal court
process and its inability to address the needs and views of my young clients. Th ese
victims, and oft en their families, felt they were being unheard, disrespected, and lost in
the system — despite some far-reaching laws protecting child victims and witnesses
from the hassles of the court process. Victims I represented and their families did not
experience closure, nor did they feel that “justice was done.” It was not revenge they
wanted, but rather the opportunity to tell their story and to let their off enders know
what harm they had caused. Th ey also wanted professionals to take them seriously and
consider their views. Lacking any real solutions, I oft en could only comfort them and
refer them to treatment.
Beyond my frustration with the criminal process, my work as a children’s advocate
also taught me the degree to which children of all ages want and are able to take part in
decision-making processes in matt ers regarding their lives. Parents and professionals
are so focused on protecting children from harm (a novel goal in itself) that they
sometimes forget to treat them as individuals with distinct wishes, strengths, and
viewpoints. At the same time I oft en encountered the limitations of a strictly rightsbased
approach, which might suit lawyers but does not necessarily promote the interests
of children. I was searching for something more complete than rights terminology
but stronger than children’s needs.
Aft er having spent months reading through the psychology and sociology literature,
I realized that there were many links between the needs of victimized children
and their human rights, and I began making these links more explicit. One of the major
problems in the fi eld of childhood victimization is the fact that diff erent professions
do not really communicate with each other. For instance, the psychological literature
on control is invaluably rich, and so is the legal and criminological literature on victims’
participation rights. However, it is very diffi cult to fi nd studies on the eff ects of
participation in the criminal process on children’s sense of control.