Children's rights, restorative justice and South African youth justice law reform

Restorative Justice and South Africa have become closely associated in the minds of academics and practitioners. Both the Truth and Reconciliation Commission and the proposed child justice law reforms have received considerable positive international approval and are often mentioned when restorative justice is discussed. This paper will explore the role of restorative justice in the transition of South Africa and its links to children's rights. It will start by discussing the children's rights context before describing how restorative justice has played a part in the campaign for children's rights in South Africa. In the final section it will explore some of the potential dangers of the emphasis on restorative justice in the South African criminal justice system. In discussing restorative justice, children's rights and states in transition, there are obvious parallels that could be drawn between South Africa and Croatia. This paper will not attempt to draw such parallels; rather, it will be left to the reader to make such comparisons as might be appropriate.