Nei servizi di tutela del minore di frequente il lavoro sociale con le famiglie assume una connotazione fortemente sanitaria, caratterizzata dalla tendenza da parte degli operatori sociali di concentrare in capo a sé, in forza del mandato istituzionale a cui devono rispondere e in nome della loro riconosciuta expertise, il processo di aiuto, escludendo dalla scena altri soggetti significativi. Per poter realmente parlare di tutela del minore e di supporto alla famiglia è necessario assumere uno sguardo includente che coinvolga nel processo di presa di decisioni, i genitori, il minore e altre relazioni motivate a partecipare alla costruzione del benessere familiare, perché insieme si pensi ad interventi che trovino una significativa rispondenza nel mondo della vita. Le Family Group Conferences sono un modello di presa di decisioni attraverso il quale la famigli allargata (parenti, amici, vicini di casa…) predispone un Piano di protezione ed assume delle decisioni a favore di un minore che si trova in situazione di rischio o pregiudizio per tutelarlo e garantirgli una situazione di benessere. Il modello proposto dalle FGCs è ascrivibile nella categoria dei servizi relazionali perché valorizza le relazioni esistenti, ne produce delle altre e coinvolge i diretti interessati, favorendo processi di empowerment. / The social work in child protection is often characterized by a disabling and authority based work; as a matter of fact the professionals use to centralize the power in their hands, in the name of their expertise, cutting the family out of the decisions regarding their lives . This is not the right way to work to build the parents and children welfare because, if the aim is to promote a real change in families, it is necessary the involvement of the family itself in the decision making process. A family group conference (FGC) is a decision making and planning process whereby the wider family group makes plans and decision for children and young people who have been identified either by the family themselves or by service providers as being in need of s plans that will safeguard and promote their welfare It is possible to define FGC as relational service because it is based on participatory approach in which social service work together with parents, children and others important relations to find the right way to care and protect the child.

This study uses selected data from a qualitative study by Ney, Stoltz and Maloney (2013) who explored family experiences of voice and participation in child protection family group conferences in British Columbia, Canada. A family group conference is a decision-making process founded on strengths-based philosophies that encourages collaborative and empowering relationships between child protection workers and client families. Traditionally, relationships between these workers and client families in child protection are situated within an environment founded on problem-based perspectives with child protection workers positioned as experts. This study explores the perspectives of child protection workers and their client families about their experiences with a family group conference, focusing on areas of dissonance between strengths- and problem-based perspectives that are assessed by analyzing interview transcripts. Purposeful extreme case sampling was conducted to select three cases from the primary study that represented both positive and negative family experiences. Inductive and deductive thematic analyses were conducted on interview transcripts of nine participants. Findings from the thematic analyses as well as between-case, within-case and within-participant comparisons revealed an underlying dissonance in two of the three cases in that the workers endorsed the strengths-based philosophies of family group conferencing as well as – and perhaps unknowingly - the problem-based philosophies inherent in child protection practice. The families from these cases experienced the family group conference in contradiction to its strengths-based philosophies. The results point to possible connections between dissonance in practice, worker worldview and family experience. Recommendations for further research and for child protection workers to be more reflective and aware of worldviews are discussed. / Graduate / 0452 / 0630 / wtm@uvic.ca

Children belong to one of the most vulnerable population groups to crime. Child victims of crime have to overcome the difficulties emerging from their victimization as well as those resulting from their participation in the adversarial criminal justice process. Child victims are typically treated by legal systems as either mere witnesses -- prosecutorial instruments -- or as objects of protection. Children's human rights and their needs beyond immediate protection are typically ignored. ¶ This thesis combines an examination of children's human rights (articulated largely in the UN Convention on the Rights of the Child) with a review of psycho-social literature on children's needs. It integrates the two disciplines thus creating a `needs-rights' model regarding child victims. This model is then used to evaluate the criminal justice process and its successes (and failures) in meeting the needs and rights of child victims. Such an integrated needs-rights evaluation identifies not only the difficulties associated with testifying in court and being interviewed multiple times. It goes beyond these topical issues, and uncovers other shortcomings of the current legal system such as the lack of true participation of child victims in the decision-making process, the neglect of rehabilitative and developmental interests of victimized children, and the inherent inability of the adversarial process to seek proactively the best interests of child victims. ¶ The thesis further explores an alternative to the criminal justice process -- that of restorative justice -- and examines its applicability to child victims. Unlike the criminal justice paradigm, restorative justice fosters the equal participation of the stakeholders (in particular victims, offenders and their communities), and focuses on their emotional and social rehabilitation while respecting their human rights. To explore the suitability of restorative justice for child victims, five restorative justice schemes from New Zealand, Australia and Canada and their evaluation studies are reviewed. Each of these schemes has included child victims, and most of them have dealt with either sexual assaults of children or family violence and abuse. Yet each of the evaluated schemes illuminates different concerns and proposes varying strategies for meeting the needs-rights of child victims. ¶ While these schemes demonstrate the significant potential of restorative justice to better address the full scope of the needs and rights of child victims, they uncover emerging concerns as well. Therefore, in the last part of the thesis, the needs-rights model is used once again to derive subsidiary principles for action, to maximize the benefits of restorative justice for child victims and minimize the related risks. A complex set of needs and rights is managed by a method of grouping them into needs-rights clusters and deriving from them simple heuristics for practitioners to follow. This clustering method of needs-rights-heuristics is a methodological contribution of the research to the psychology of law.

Thesis( M. A. ( Criminology and Criminal Justice)) -- University of Limpopo, 2021 / The VOM and FGC programmes have become valuable instruments for the rehabilitation of offenders. These programmes bring crime victims and offenders together to reach agreements for restitution and community healing. Moreover, the NICRO, a Non-Profit Organisation (NPO) in Polokwane, Limpopo Province, offers these programmes to offenders and their victims. Therefore, the purpose of this study was to evaluate the effectiveness of VOM and FGC programmes on recidivism in Polokwane Municipality, Limpopo Province. The study sought to identify factors contributing to recidivism in Limpopo Province, to explore associated challenges in response to recidivism by the local NICRO and to determine strategies employed by NICRO in response to recidivism in the province. The qualitative research approach was used in the study. This study further assumed a phenomenological design, which aims to describe, understand and interpret the meaning that participants give to their everyday life. The non-probability sampling technique was used to select participants of the study. One-on-one semi-structured interviews were used to collect data from adult male and female offenders and their family members who participated in VOM and FGC programmes. Data was also collected using one-on-one semi structured interviews from Social Workers at NICRO. Based on the transcribed data, themes were extracted and analysed using Thematic Contents Analysis (TCA). This allowed for an all-inclusive view to be gained of participants' opinions about insights into the topic. The design of the questionnaire was based on the objectives of the study. This study established that there are factors that contribute to reoffending and challenges in response to recidivism. The findings of the study showed that factors such as unemployment and substance abuse can lead to reoffending. The study recommended that these programmes should address the criminogenic needs of offenders as a measure to respond to recidivism. It has been discovered that VOM and FGC programmes help many offenders to acknowledge and understand the impact of the crime committed to parties.

La présente recherche porte sur les rapports entre droit pénal des mineurs et justice restaurative dans le cadre d’une approche comparative entre la France et la Belgique. Au-delà de la révélation de similitudes et de différences entre les deux pays dans ces domaines, la recherche aborde également les difficultés présentées par la France et la Belgique dans l’acceptation de la justice restaurative en droit pénal des mineurs et de son développement au sein des institutions judiciaires. Par l’étude des raisons qui ont conduit la France à manquer le tournant restauratif et de celles ayant permis, en Belgique, l’implantation de la justice restaurative dans le droit pénal des mineurs, des points d’ancrage sont relevés de nature à permettre son épanouissement dans l’ordonnance du 2 février 1945. Une expérimentation dans un service éducatif de réparation pénale a été menée avec le souci de prendre en compte des problématiques intéressant le service lui-même (logiques actuarielles, prudentielles, financières, idéologies professionnelles, craintes diverses). L’analyse des pratiques souligne que les services de réparation pénale, inscrits dans une rationalité managériale du traitement du phénomène criminel juvénile, sont limités dans la mise en œuvre des démarches de justice restaurative. Il s’avère également que quelques prises en compte du mineur et des modalités de l’exécution de la mesure envisagée par les éducateurs facilitent (approche psycho-criminologique du passage à l’acte inscrit dans une dimension psycho-socio-éducative de la réparation) ou bien inhibent (approche criminologique de l’acte inscrit dans une dimension rétributive de la réparation) des programmes de justice restaurative. Pour autant, quand bien même la pratique facilite une telle expérimentation, lorsque les éducateurs disposent de mission de « réparation-directe » notamment, des obstacles d’ordre idéologique s’observent au niveau de l’accueil, du démarchage et de la participation de la victime. Il demeure cependant essentiel de souligner que, par la présentation des principes et des promesses de la Justice restaurative aux éducateurs rencontrés, les écueils identifiés tombent, principalement quant à la présence de la victime lors de la mise en œuvre de la réparation pénale directe. Une telle évolution des postures professionnelles augure d’une intégration harmonieuse prochaine des démarches de justice restaurative en droit pénal des mineurs. / This research focuses on the juvenile criminal law and restorative justice in a comparative approach between France and Belgium. Beyond revealing the similarities and differences of these countries in these fields, the research also carters to the difficulties encountered by France and Belgium in the acceptance of restorative justice in juvenile criminal law and its development in the judicial institutions. By studying the reasons that led France to miss the “turning” of restorative justice and those enabled, in Belgium enabled, the implementation of restorative justice in the criminal law for minors, anchor points have been identified for its development in the order of 2 February 1945. Subsequently, an experiment in youth justice service on the reparation measures was led considering difficulties which concern the service itself (actuarial logic, supervisory, financial, professional ideologies and fears). Our analysis of practices in the youth justice services on the reparation measures, reveals that the experimentation of restorative justice is limited by a managerial rationality treatment of juvenile criminal phenomenon. Also, some of the minor approaches and their implementation in the measure facilitate (psycho-criminological approach to acting out part and a psycho-socio-educational dimension in reparation) or inhibit (criminological approach to act itself and a retributive dimension in reparation) restorative justice programs. However, even if the practice facilitates experimentation and that educators apply “direct reparation”, ideological barriers remain in dealing with victims. However, it remains essential to underline that, thanks to the presentation of the principles and promises of restorative justice educators met, the identified pitfalls fall, mainly with the presence of the victim during the implementation of “direct reparation”. Such a development professional postures omen a harmonious integration of next restorative justice approaches in juvenile criminal law.