Justice for New Zealand’s Stolen Generation: The State's Criminal Responsibility for Historical Institutional Child Abuse

74 Pages Posted: 3 Apr 2018 Last revised: 8 May 2018

See all articles by Joanna Judge

Joanna Judge

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: April 2, 2018

Abstract

The New Zealand Government has been increasingly pressured to establish an independent public inquiry into the abuse and neglect of children in social welfare residences between the 1950s to the 1990s. This paper seeks to determine a response to historical institutional child abuse in New Zealand that achieves justice for victims. The State should be held criminally responsible for historical institutional child abuse in New Zealand by responding to it in a way that recognises its criminal nature. Although New Zealand’s criminal law does not provide for the criminal prosecution of the State for historical institutional child abuse, and legislating a retrospective offence would be inappropriate, a restorative justice process should be used to recognise the criminal responsibility of the State.

Keywords: Institutional child abuse, State crime, restorative justice.

JEL Classification: K00.

Suggested Citation

Judge, Joanna, Justice for New Zealand’s Stolen Generation: The State's Criminal Responsibility for Historical Institutional Child Abuse (April 2, 2018). Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 6/2018. Available at SSRN: https://ssrn.com/abstract=3154886 or http://dx.doi.org/10.2139/ssrn.3154886

Joanna Judge (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, Victoria 6140
New Zealand

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