Rights-based Restorative Justice: Evaluating Compliance with International Standards

Moore, Shannon A.; Mitchell, Richard C.

doi:10.1177/1473225408101430

Cited by 25 publications

(18 citation statements)

References 29 publications

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“…Generalized fears of young people in Canada have been coupled with "dominant Western notions of childhood that fetishize innocence and attribute passivity and incompetence to children" (Stasiulis, 2002b, p. 507). This ideological and political stance propels adultist institutions to favour power and control over participation (Moore & Mitchell, 2009;Mitchell, 2010; see also Scraton, 1997). Although still widely misunderstood by childhood academics and advocates alike (Mitchell, 2010), serious efforts to implement the CRC in Canada could still have a: profound impact on real children's lives … children's rights are being pushed to the side and even violated … one only needs to take a brief survey of the issue of child poverty, or the situation of Aboriginal or special needs children to realize that this is true.…”

Section: Discussion: Towards An Alternative Pedagogymentioning

confidence: 99%

Constructing Critical Citizenship With Young People: Alternative Pedagogies

Moore

2011

IJCYFS

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<p>The authors present theoretical and empirical arguments for adopting the United Nations Convention on the Rights of the Child (or CRC) to renew the teaching of citizenship to young students from a social justice standpoint (Giroux, 2003; Giroux & Searls-Giroux, 2004; Mitchell, 2010; Moore, 2008; Smith, 2007). The paper draws its analysis and conclusions from a descriptive, exploratory study with key participants from a 2009 rally hosted by Nobel nominee, child rights activist, and founder of <em>Free the Children</em>, Craig Kielburger. Four of the paper’s co-authors were senior elementary students initially chosen as interviewees for the investigation and subject to traditional research protocols for minors. During data collection, however, their status shifted reflexively to include their contributions – not as objects under study or subjects of the interviewer’s questions – but as co-constructors of new knowledge. Relative to the dominance of their teachers and other adult groups “engaging” their participation, this new status allowed a deeper exploration of the meanings they attached to active citizenship through an innovative dialogue (see Kellett & Ward, 2008; Kellett, Forrest, Dent, & Ward, 2004; also Devine, 2002). Through participatory lenses embedded within CRC principles, particularly Article 12, the analysis transcends traditional disciplinary silos to offer a critical and transdisciplinary alternative pedagogy.</p>

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Section: Discussion: Towards An Alternative Pedagogymentioning

confidence: 99%

Constructing Critical Citizenship With Young People: Alternative Pedagogies

Moore

2011

IJCYFS

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“…At the core of restorative justice, peace-building practices, and truth and reconciliation proceedings are Indigenous ways of knowing, being, relating and learning (Apgar, Argumedo, & Allen, 2009;Arabena, 2008;Moore, Tulk, & Mitchell, 2005). Restorative justice has been formally integrated into educational contexts around the globe over the past two decades in response to burgeoning legal, policy, and practice discourses (Hopkins, 2007;McCluskey et al, 2008;Moore & Mitchell, 2009Moore, 2014;Rideout & Windle, 2010;Vaandering, 2011). Antecedents to restorative justice are Indigenous ways of knowing, relating and communitarian values which engage the complexity of human relationships (Moore, 2008a(Moore, , 2008bMoore & Mitchell, 2011;Pranis, Stewart, & Wedge, 2003).…”

Section: Canadian Context For Truth Reconciliation and Restorative mentioning

confidence: 99%

“…Over time, and in response to the call for expanding legal, policy, and practice discourse, restorative justice is acknowledged as relevant and applicable to traditional school settings (Hopkins, 2007;McCluskey et al, 2008;Moore & Mitchell, 2009Moore, 2014;Rideout & Windle, 2010;Vaandering, 2011…”

Section: Canadian Context For Truth Reconciliation and Restorative mentioning

confidence: 99%

Truth, Reconcilation, Restorative Justice, and Canadian Discourses of Legitimation in Educational Contexts

Moore¹,

Clarysse²

2018

BLR

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Building upon previous research investigating discourses of legitimation informing restorative justice practices in educational contexts in Canada and the United Kingdom, the current study takes forward the same conceptual and analytic framework to engage a preliminary analysis of legitimation in the narrative of documents and testimonies found within the reports of the Truth and Reconciliation Commission of Canada (2015a, 2015b) or TRC. Shared philosophical principles emergent from Indigenous epistemologies are foundational to both restorative justice and truth and reconciliation proceedings and, accordingly, the current study drew upon insights from an original study epistemologically, analytically and methodologically (Clarysse & Moore, 2017). The conceptual framework guiding the analysis is shaped by van Leeuwen's (2007) framework of four categories for analyzing processes that legitimate social practices in public communication, education, and everyday interaction. Findings indicate unrestricted and extensive use of legitimation within historical discourse related to the residential schooling system disclosed in Canada's TRC. Subsequent current-day testimonies of the survivors of Canada's residential schooling system and their ancestors articulate the lived experience and fallout from education related to this historical discourse legitimation. In contrast to text evidence from the Truth and Reconciliation Commission, a comparative analysis of text samples from contemporary restorative justice policy, law and practice documents found less pointed and more holistic application of discourses of legitimation to convey the merit of restorative justice practices in educational contexts. This study reinforces the important role of educational discourses in shaping critical awareness of discursive patterns of legitimation and the impact of these pat

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“…Any goals for positive change are coopted to allow power structures to be maintained where students bear the brunt of adultist agendas (Moore 2009). Continuing with the iceberg analogy, if effective change is truly desired, educators must don scuba gear and enter the frigid waters.…”

Section: Going Below the Surfacementioning

confidence: 99%

Student, Teacher, and Administrator Perspectives on Harm: Implications for Implementing Safe and Caring School Initiatives

Vaandering¹

2013

Review of Education, Pedagogy, and Cultural Studies

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Abstract:This article reports on a study that examines student, teacher and administrator perspectives on harm and how their schools address harm. It presents an overview of these perspectives within and across 3 different school environments. In doing so, the study contributes to a better understanding of the often ineffective implementation of safe and caring school initiatives. By drawing on restorative justice and relational theory, the findings illustrate how a focus on well-being and relationship is critical for meeting the needs of those harmed and those causing harm. Such a focus requires interaction rooted in social engagement rather than social control (Morrison 2012) and challenges currentrecommendations for combining the strengths of several current approaches for a more effective outcome . STUDENT, TEACHER, ADMINISTRATOR PERSPECTIVES ON HARM 3Creating safe, caring school environments continues to generate ongoing conversation in the media, professional journals, and academic research especially through the persistent attention given to incidents and impact of bullying on youth. In Canada, several provincial governments have instituted or are debating the implementation of antibullying laws for school contexts (Mitchell 2012) Early research indicates that schools engaged with rj practices are able to cultivate more supportive relationships amongst all participants in the school community so that aggressive incidents are lowered substantially. Quantitatively this is evident in the reduced numbers of suspensions, expulsions, and office referrals (Porter, 2007).Qualitatively reports indicate participants are satisfied with the process employed to address incidents of harm, have increased sense of safety and contentment while in school, and have an increased ability to focus on academic tasks (Thorsborne, 2000), .Though there may be other contributing factors to these outcomes, as studies examining Theoretical FrameworkThe theoretical framework that supports this study comes from two rj theorists. First, early theory proposed by Zehr (2002) suggests that looking at harm done instead of rules broken allows for a focus on the people involved. He concludes that harm will be repaired when three aspects of rj are acknowledged: 1. harm done and the resulting needs; 2. obligations arising from the incident; 3. engagement with one another (p. 23). This relational theory recognizes that when respect, concern and dignity for others are given individually or collectively, the well-being of all involved is nurtured-it is reciprocal.This framework structures the analysis of participants' perspectives in this study and uncovers the degree to which the desire for each other's well-being is actually in place in schools prior to being introduced to rj. Why examine perspectives of harm?In viewing an iceberg from land, only 10 percent of its mass is visible. For a perspective of the entire berg, one would need to go below the waterline where the foundation of the icberg's tip could be seen. As concerns regarding the safet...

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Rights-based Restorative Justice: Evaluating Compliance with International Standards

Cited by 25 publications

References 29 publications

Constructing Critical Citizenship With Young People: Alternative Pedagogies

Constructing Critical Citizenship With Young People: Alternative Pedagogies

Truth, Reconcilation, Restorative Justice, and Canadian Discourses of Legitimation in Educational Contexts

Student, Teacher, and Administrator Perspectives on Harm: Implications for Implementing Safe and Caring School Initiatives

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