Special issue introduction: Collective redress for the enforcement of labour law

This article introduces the special issue on ‘Collective redress in labour law’. Even the best labour code in the world would be practically useless without procedural rules to enable its enforcement. The contributions in this special issue show that, while the mechanism of collective redress certainly functions with mixed results and often is underused in practice, it is nevertheless a valuable tool in the enforcement toolbox, where available. It might be particularly useful for some groups of workers, such as those who lack individual means for asserting their employment-based rights in their own name. While not an answer to all problems, and undoubtedly, not sufficient to close the justice gap for many European workers on its own, collective redress, if adequately constructed, could complement and improve existing enforcement mechanisms in both national and EU labour law.

The Use of Facility Dogs to Bridge the Justice Gap for Survivors of Sexual Offending

The current study investigated the support that a facility dog can provide to survivors of sexual crimes when undergoing video-recorded police interviews. In total, 13 survivors of sexual offences, who were undergoing a video-recorded interview, were provided with a facility dog for the interview process. For each case, data were collected via interviews, observations and surveys. Using a multiple case study approach, qualitative data were analysed to identify patterns, with observational and survey data used to provide further support to these outcomes. A total of four main themes emerged from the data: (1) a change in focus for the survivor, (2) a difference in the survivors’ engagement, (3) the dog as a comforter to keep the survivor calm and (4) a positive environment. Overall, the findings suggest that the facility dog provided a much needed and beneficial service to survivors, helping them feel calmer and more comfortable. The dog also provided survivors with a more positive environment, allowing them to focus on the interview and communicate more openly about their experiences. The current study, therefore, presents very positive findings relating to improving survivors’ perspectives of justice within the framework of kaleidoscopic justice, bridging their perceived justice gap.

Doing the “Right Thing”? Understanding Why Rape Victim-Survivors Report to the Police

This article explores why victim-survivors engage with the police by drawing upon the accounts of 24 women who reported rape or sexual assault in Scotland. Findings defy public narratives around rape reporting, indicating that victim-survivors may exercise limited agency in reporting. Moreover, a problematic “aspiration-reality gap” exists due to stark differences between the aspirations attached to reports and the reality of the ensuing criminal justice response. It is suggested that the concepts of “secondary victimization” and the “justice gap” can be augmented through appreciation of the “aspiration-reality gap,” and contemporary preoccupation with increasing rates of reporting is called into question.

Reclaiming the Role of Lawyers as Community Connectors

With the prospect of nonlawyers stepping in to do low-fee legal work, how should the legal profession conceive of its relationship to that work and ensure that nonlawyers bolster rather than undermine the value that lawyers add to society? Lawyers should reclaim their role as connectors in their communities: interstitial figures with the knowledge, skill, and trust to help resolve disputes, move beyond stalemates, dispel tensions, and otherwise bring people and resources together in productive solutions. They should do so, at least in part, through pro bono work for poor and low-income clients. It would be a mistake to stand in the way of innovative solutions to the justice gap. But it would also be a mistake, and a deep loss, if lawyers–particularly those who do not normally represent poor and low-income clients– turned their backs on the poor and low-income segments of our society.

Kaleidoscopic Justice: Sexual Violence and Victim-Survivors’ Perceptions of Justice

This article proposes a more multifaceted way of thinking about victim-survivors’ perceptions of justice; what we have termed ‘kaleidoscopic justice’. Developed from an empirical investigation with 20 victim-survivors of sexual violence, kaleidoscopic justice understands justice as a constantly shifting pattern; justice constantly refracted through new experiences or understandings; justice as an ever-evolving, nuanced and lived experience. Within this framework, a number of justice themes emerged, namely justice as consequences, recognition, dignity, voice, prevention and connectedness. This approach develops current understandings, in particular by emphasizing the fluidity of justice, as well as the centrality of prevention and connectedness in sexual violence survivors’ understandings of justice. We suggest that it is only by better understanding victim-survivor perspectives on justice, and embedding the concept of kaleidoscopic justice, that we can begin to address the sexual violence ‘justice gap’.