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Reframing public inquiries as 'procedural justice' for victims of institutional child abuse: Towards a hybrid model of justice

journal contribution
posted on 2024-11-02, 03:50 authored by Anne-Marie McAlinden, Bronwyn NaylorBronwyn Naylor
As the number of high profile cases of institutional child abuse mounts internationally, and the demands of victims for justice are heard, State responses have ranged from prosecution, apology, and compensation schemes, to truth commissions or public inquiries. Drawing on the examples of Australia and Northern Ireland as two jurisdictions with a recent and ongoing history of statutory inquiries into institutional child abuse, this article utilises the restorative justice paradigm to critically evaluate the strengths and limitations of the inquiry framework in providing 'justice' for victims. The article critically explores the normative and pragmatic implications of a hybrid model as a more effective route to procedural justice. It suggests that an appropriately designed restorative pathway may enhance the legitimacy and utility of the public inquiry model for victims chiefly by improving offender accountability and 'voice' for victims. The article concludes by offering some thoughts on the broader implications for other jurisdictions in responding to large-scale historical abuses and seeking to come to terms with the legacy of institutional child abuse.

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    ISSN - Is published in 00820512

Journal

Sydney Law Review

Volume

38

Issue

3

Start page

277

End page

309

Total pages

33

Publisher

University of Sydney

Place published

Australia

Language

English

Copyright

© 2016 Sydney Law Review

Former Identifier

2006070946

Esploro creation date

2020-06-22

Fedora creation date

2017-02-23

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