The meeting

Harnessing restorative justice as an opportunity for inclusion and a future

The Mariuccia Nursery School Foundation has honoured Marta Cartabia for her commitment to this cause

Credits: Fondazione Asilo Mariuccia

4' min read

Translated by AI
Versione italiana

4' min read

Translated by AI
Versione italiana

See restorative justice as an opportunity for a fresh start, change and inclusion does not mean turning a blind eye to the offence or abolishing punishment, but rather attempting to forge a path towards holding offenders accountable, recognising victims and strengthening social bonds.

This was the central theme of the debate that characterised the meeting ‘Justice, redress and pathways to independence’, organised by the Fondazione Asilo Mariuccia and held in conjunction with the presentation of the award of the same name to Marta Cartabia. The legal scholar, former Minister of Justice and former President of the Constitutional Court, was recognised for her great commitment – thanks to her well-known reform – to systematising a concept that already existed in potential within the Italian legal system, as enshrined in the Constitution. And, as Emanuela Baio, president of the Foundation, emphasised, this embodies the importance of ‘not dwelling on mistakes or vulnerability, but instead creating the conditions for everyone to regain confidence in themselves’.

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Repair and refurbishment

This is nothing new: it is gaining ground in courtrooms, yet draws on ancient culture, runs through the works of Dante Alighieri, and extends right up to the present day. ‘Restorative justice moves away from the logic of action and reaction to align itself, instead, with the need for reconstruction. One could almost speak of “regenerative justice”’, commented Cartabia in her lectio magistralis. “Especially with young people, it is not through fear, nor by harsher penalties that change is achieved, but through tools that can open the door to a different future and by attempting to understand the motivations behind their actions’.

The idea of reparation, which, in Cartabia’s words, is not a contradiction but a complement to the need for justice, takes the form of ‘a process that focuses on the responsibility of the perpetrator, the victim’s suffering and the possibility, for both, of freeing themselves from a cage. A path full of obstacles, twists and turns, and setbacks, yet aimed at restoring a sense of perspective to those who risk becoming trapped in a present that could become the limit of their lives’.

Creating value for society

Because reintegrating and starting afresh involves coming to terms with reality, not forgetting or repressing it. And it depends on the chance to pursue a new life: ‘Making amends means facing up to the harm one has caused; it is not a form of protection,’ insisted Chiara Valcepina, vice-chair of the Lombardy Region’s Planning and Budget Committee. “We must certainly recognise the punishment, but we must create the conditions so that the ‘guilty’ person can become an asset to society. Reintegration is not do-goodism but a clear policy of social cohesion. And those who are left behind, those who are abandoned, almost inevitably end up posing a security risk to the community, because they reoffend’.

In this regard, in recent years, the Lombardy Region has been a valuable stakeholder, promoting a policy of social projects, tax incentives and reward schemes designed to encourage integration into the labour market and tackle inequalities. A mission which, particularly in large cities, has become more urgent than ever.

“Over the past fifteen to twenty years, cities have become places of great contradictions and, to tackle them, we can no longer rely solely on increasing the welfare budget,” Lamberto Bertolé, Councillor for Welfare and Health at Milan City Council, pointed out. “We need shared responsibility from the city to tackle vulnerabilities. And, above all, we owe effective answers to the younger generations: they have the right not to be treated like children and to be aware, when they commit a crime, that they have committed a crime. But at the same time, they must know that they can start afresh from there to change. On these issues, however, the public debate risks causing considerable harm.”

Learning to tell young people’s stories

The debate on restorative justice inevitably intersects with the issue youth distress. And it takes us back to the events in Milan last October. ‘We are in a historical phase in which young people feel they can only attract adults’ attention if they cause alarm,’ remarked Paolo Tartaglione, educationalist and president of Arimo Social Cooperative. “And, in general, there is a noticeable lack of tolerance towards them in society, which portrays them either as inept or as violent. It is therefore necessary, now more than ever, to change the narrative, to help them build trust with older people and to imagine a future in which they can build a life for themselves.”

The role of the third sector

In this vein, and in a social context where – as highlighted by Fabio Roia, President of the Court of Milan – ‘the sense of justice is increasingly distorted because it has shifted towards punishment, and it is difficult to convey the immense value of alternative measures to limit reoffending and aim for rehabilitation’, the role of the third sector is fundamental. And investing in the training of practitioners is essential.

“As well as financial resources, regulatory measures and collaboration with institutions, we need to train professionals capable of supporting those who choose to follow the path of restorative justice,” Cartabia concluded. “Educators and mediators who are able to interpret the behaviours that led to the offence.”

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