The aftermath of transnational illegal adoptions: Redressing human rights violations in the intercountry adoption system with instruments of transitional justice

Childhood ◽  
2021 ◽  
pp. 090756822110644
Author(s):  
Elvira C Loibl
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Retributive Justice ◽  
Human Rights Violations ◽  
Intercountry Adoption ◽  
Adoption System

A growing movement of illegally adopted individuals request remedies and reparations for the human rights violations that they and their biological families had suffered. This article explores a number of measures that the stakeholders in the receiving countries can use in an effort to repair the human rights violations caused by illegal intercountry adoptions, borrowing ideas from transitional justice. In order to effectively redress the harm inflicted upon victims of illegal adoptions, a policy on remedies should combine instruments of retributive justice, aimed at holding wrongdoers accountable, with measures of restorative justice that focus on the victims’ needs and interests.

22. Transitional Justice

2016 ◽  
Author(s):  
Joanna R. Quinn
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Civil Conflict ◽  
Retributive Justice ◽  
Social Implications ◽  
Human Rights Violations ◽  
Difficult Question ◽  
The Social

This chapter examines the link between transitional justice and human rights. Atrocities such as genocide, disappearances, torture, civil conflict, and other gross violations of human rights leave states with a puzzling and often difficult question: what to do with the perpetrators of such acts of violence. Transitional justice takes into account the social implications of such conflicts. Its emphasis is on how to rebuild societies in the period after human rights violations, as well as with how such societies, and individuals within those societies, should be held to account for their actions. The chapter considers three paradigms of transitional justice, namely: retributive justice, restorative justice, and reparative justice. It also discusses the proliferation of the number of mechanisms of transitional justice at work and concludes with a case study of transitional justice in Uganda.

Toward the Truth About the Trc: a Response To Key Moral Criticisms of the South African Truth and Reconciliation Commission

1999 ◽  
Vol 6 (3) ◽  
pp. 303-324 ◽  
Author(s):  
Wilhelm J. Verwoerd
Keyword(s):  
Human Rights ◽  
Restorative Justice ◽  
South African ◽  
Retributive Justice ◽  
Truth And Reconciliation Commission ◽  
Human Rights Violations ◽  
The South ◽  
Reconciliation Commission ◽  
Human Community ◽  
Truth And Reconciliation

AbstractIn this article the 'genre' of the TRC Report is clarified in order to answer some of the criticisms of the TRC. It is argued that the TRC conceptualised its role as the promotion of restorative justice rather than retributive justice. Justice and reconciliation is served not by isolating perpetrators of gross human rights violations but by restoring human community. Different aspects of the effects of the TRC's work are considered, namely reconciliation, amnesty and forgiveness Justice-based and reconciliation-based criticisms of the TRC are answered.

A Different Kind of Justice: Dealing with Human Rights Violations in Transitional Societies

1999 ◽  
Vol 13 ◽  
pp. 65-80 ◽  
Author(s):  
David Little
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Restorative Justice ◽  
Bosnia And Herzegovina ◽  
Retributive Justice ◽  
Human Rights Violations ◽  
Transitional Societies ◽  
Truth And Reconciliation ◽  
Truth And Reconciliation Commissions ◽  
Exclusive Or

In “transitional societies” like South Africa and Bosnia, which are currently moving from authoritarianism, and often violent repression, to democracy, questions arise about the appropriate way to deal with serious human rights offenders. Will a system of retributive justice bring about the healing and harmony necessary for peace and stability? Or, is “a different kind of justice” required, one explicitly aimed at reconciliation, and designed to repair and restore relations, and, perhaps, to forgive offenders rather than prosecute them? Are the systems mutually exclusive, or can they be combined in some way?In an effort to clarify terms and sharpen practical choices, this essay distinguishes between retributive and restorative justice and relates the distinction to constructive proposals concerning the ideas of forgiveness and reconciliation. The essay then applies the proposed framework to two recent efforts to cope with the problem: the truth and reconciliation commissions of South Africa and Bosnia and Herzegovina.

scholarly journals Is the Responsibility to Protect an Accepted Norm of International Law in the post-Libya Era?

2018 ◽  
pp. 11
Author(s):  
Jeremy Sarkin
Keyword(s):  
Human Rights ◽  
International Law ◽  
Transitional Justice ◽  
Building Blocks ◽  
Responsibility To Protect ◽  
Human Rights Violations ◽  
One Dimensional

This article explores the Responsibility to Protect (RtoP) in the post-Libya era to determinewhether it is now an accepted norm of international law. It examines what RtoP means intoday`s world and whether the norm now means that steps will be taken against states thatare committing serious human rights violations. The building blocks of RtoP are examined tosee how to make the doctrine more relevant and more applicable. It is contended that theresponsibility to react should be viewed through a much wider lens and that it needs to bemore widely interpreted to allow it to gain greater support. It is argued that there is a need tofocus far more on the responsibility to rebuild and that it ought to focus on the transitionallegal architecture as well as transitional justice. It is contended that these processes ought notto be one-dimensional, but ought to have a variety of constituent parts. It is further arguedthat the international and donor community ought to be far more engaged and far moredirective in these projects.

Transition, ‘Never Again’ and ‘Moving On’

2018 ◽  
Author(s):  
Kevin Hearty
Keyword(s):  
Human Rights ◽  
Northern Ireland ◽  
Transitional Justice ◽  
Human Rights Violations ◽  
Master Narrative ◽  
The Past ◽  
The North ◽  
Irish Republicanism ◽  
Difficult Issue ◽  
Subsequent Replacement

Viewing Irish republican policing memory primarily through a transitional justice lens, this chapter critically examines how Irish republicans, as a principal party to the conflict, approach the difficult issue of ‘dealing with the past’ as both collective victims and perpetrators of human rights violations during the conflict. It will interrogate the range of divergent views within modern Irish republicanism on issues such as victimhood, truth recovery, ‘moving on’ and ‘dealing with the past’. In particular, it looks at how the memory of human rights violations framed the wider policing debate and led to a master narrative of ‘never again’ whereby the value of ‘remembering’ past abuses lay in helping to prevent future repetition. This is placed against a more general backdrop of the stop-start ‘dealing with the past’ process in the North of Ireland that has included the establishment, operation and subsequent replacement of the Historical Enquiries Team (HET), the passage of the Civil Service (Special Advisers) Act (Northern Ireland), and proposals like the Haass/O’Sullivan document and the Stormont House Agreement.

Measuring the impact of punishment and forgiveness: a framework for evaluating transitional justice

2006 ◽  
Vol 88 (861) ◽  
pp. 19-47 ◽  
Author(s):  
Pierre Hazan
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Transitional Justice ◽  
International Criminal ◽  
International Community ◽  
Truth Commissions ◽  
Human Rights Violations ◽  
Post Cold War ◽  
International Criminal Tribunals ◽  
The Impact

Truth commissions, international criminal tribunals, reparations, public apologies and other mechanisms of transitional justice are the new mantras of the post-cold-war era. Their purpose is to foster reconciliation in societies that have experienced widespread human-rights violations and to promote reform and democracy, the ultimate aim being to defuse tension. But to what degree are these mechanisms, which are financially and politically supported by the international community and NGOs, truly effective? Very little, in fact, is known about their impact. By examining the underlying hypotheses and workings of transitional justice and proposing a series of indicators to evaluate its results, this article helps to fill the gap.

scholarly journals Collective violence and the culture of peace: researching the social psychology of memory and social reconciliation

2021 ◽  
pp. 11-16
Author(s):  
Nekane Basabe ◽  
Darío Páez
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
Transitional Justice ◽  
Large Scale ◽  
Community Intervention ◽  
Human Rights Violations ◽  
Collective Violence ◽  
Psychosocial Effects ◽  
Post Conflict ◽  
Culture Of Peace

This monograph aims to disseminate the results of various research studies carried out in the field of social and community psychology. The studies focus on efforts to build a culture of peace in post-conflict contexts and societies that have suffered collective and socio-political violence, with multiple and persistent human rights violations. Six studies on the psychosocial effects of transitional justice rituals from Argentina, Colombia, Brazil, Basque country, Chile, and Ecuador compose this issue. This issue presents a series of results regarding the effects of reparation rituals and Truth Commissions, combining different methods and analysis strategies, including general population surveys, newspaper and social media content analysis, community intervention assessments and qualitative documentary analysis. Finally, two review books were included. First, a Peace Psychology Book that explores the implications and difficulties faced by societies that have experienced large-scale collective violence. Second, the problem of human rights violations and how to confront them, socio-political conflicts and the building of a culture of democracy and peace in Latin America are transversal axes of the chapters of this second book.

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