The Convergence and Divergence of Feminism and Restorative Justice in the Context of Family Violence Against Women

Abstract

Context & Purpose: In the feminist debate, the criminal justice system is considered as a failed model for the advocacy responses to victim women due to the domination of the masculine approach and lack of enough necessary attention to the concerns and traits of women. First, restorative justice which itself is the result of victim movements and feminist criminology seems to be in the same direction with the values of the women's rights movement by empowering women and creating an interactive and flexible environment between the offender, victim, and civil society.Method: By the documentary method, this study answers how much restorative justice programs conform principles and values of the movement of feminism and, on the contrary, what critics have feminism brought to restorative justice practices. From the perspective of feminism, restorative justice has acted more appropriately to the victimization of women in family violence compared to the criminal justice system. Findings and Results: Even though some of the criticisms come from the lack of correct implementation of restorative justice programs, but also feminist challenges of restorative practices regarding the victimization of women in family violence are serious. The most important challenges to restorative justice are: lack of enough attention to victim women's safety in restorative practices, imbalance of power, pressure on victim women and threat them, insist on forgiveness and forcing women to take part in restorative programs, or affecting the process by the offender, tolerance with the offender and lack of adequate accountability and so lack of general and specific deterrence, strengthen the cultural norms of male domination.

Keywords

• restorative justice
• feminism
• gender
• victimization
• violence against women