Restorative Justice, Gendered Violence and Indigenous Women

Stubbs, Julie

Restorative Justice, Gendered Violence and Indigenous Women

FEMINISM, RESTORATIVE JUSTICE AND VIOLENCE AGAINST WOMEN, O. J. Ptacek, ed., Oxford University Press: New York, Forthcoming

Sydney Law School Research Paper No. 09/27

23 Pages Posted: 6 May 2009

See all articles by Julie Stubbs

Julie Stubbs

University of New South Wales (UNSW, Australia) - Faculty of Law

Date Written: May 6, 2009

Abstract

This chapter reviews debates about the use of Restorative Justice (RJ) for gendered violence. It identifies theoretical and empirical limitations to the capacity of generic models of RJ to promote victim interests for such offences. Part 2 considers gendered violence in Indigenous communities and notes that research and commentary often fails to recognise Indigenous women's need and interests. It concludes that the best way forward is to move beyond oppositional contrasts between RJ and criminal justice to develop hybrid models that adopt anti-subordination as a principle, supported by the requisite resources to protect that end, in working towards safe and just outcomes.

Keywords: Restorative Justice, Gendered Violence, Indigenous Women, Violence Against Women, Domestic Violence

JEL Classification: K10, K14, K30

Suggested Citation: Suggested Citation

Stubbs, Julie, Restorative Justice, Gendered Violence and Indigenous Women (May 6, 2009). FEMINISM, RESTORATIVE JUSTICE AND VIOLENCE AGAINST WOMEN, O. J. Ptacek, ed., Oxford University Press: New York, Forthcoming, Sydney Law School Research Paper No. 09/27, Available at SSRN: https://ssrn.com/abstract=1399884