Abstract
Triangulation has become a very popular methodological approach in almost all its forms. The use of theoretical triangulation can be seen very often in the role of the theoretical concept foundation. In this book triangulation is logically and successfully applied, connecting three theoretical concepts: the needs of child victims, child rights and restorative justice.
The book is aimed primarily at members of the academic community. It represents an introduction and an incentive for further studies in both theoretical and empirical research practices. The book will be good reading for teachers involved in educating social workers, as it opens many new perspectives and creative options for the design of modern education in the field of social work. This work will also prove useful for lawyers, as the author includes the legal views on different types of problems and needs of child victims.
As the basic subject of analysis is the area of child rights, the author thoroughly depicts some of the most common arguments against the concept of child rights. In addition to these opposing arguments, Gal includes supporting views of child rights from the most prominent child rights advocates. Thus, the author opens up the way for interlinking concepts of child rights and the needs of victimized children.
The author’s viewpoint on child rights theory, allows the assertion that every theoretical attitude toward child rights is vulnerable if not based in relation to the needs of children. On the other hand, the theory of needs is rooted in the theory of child rights, to which it gives political and normative force.
Nevertheless, the concept of child rights in the case of child victims brings great benefits, as it uncovers those areas of child victimization which have not been sufficiently studied with the use of psychological and social model testing in this area. Only in the context of human rights of victimized children, is it clearly possible to detect elements such as inclusion, participation and equality.
While analysing the criminal justice system in light of children’s needs, the author finds that it is not possible to respond to some very specific needs of children, such as: distinguishing between age groups, responding to children with special needs and those belonging to marginalized social groups. This is because the criminal justice system by its nature is adversarial, victims versus offenders. This means there is little room for an open, genuine communication between victims and offenders because they are placed in opposing positions. The concept of restorative justice represents a possible way out of this situation.
Based on the analysis of different experiences in many countries it is clear that restorative justice is becoming the method of choice in many situations, particularly cases of violence. This is because it promotes the general interests of the community far above the potentially narrow interests of the individual.
At an individual level, the level of the child, the concept of restorative justice allows the child victim’s participation as an active partner in the process, and thus has some control within the process. At the same time, this process empowers the victim’s family members and their friends to support the child victim at the most important point of the process. This is a very important contribution not only to the individual, but also to the local community.
Using the concept of child rights and needs of the child in the restorative justice approach has significant implications. It warns us of the possible adverse use of rights, but also the significance of the fundamental principles of child rights in the entire process. Such use not only creates the concept of networks in terms of systems theory, but also a network of concepts, linking each of the psychosocial needs with the specific principles of human rights. In a very complex way, the restorative justice system has the potential to carry significant systemic changes in the criminal legal system, not only relating to child victims.
This book is admittedly not easy to read. It not only requires a relatively good understanding of some of the most important concepts of children’s needs, but also many legal and social concepts. At the same time, for the careful reader it may be significant inspiration for further research. Some readers might not agree with the author, but this is a book no one can ignore.