Juvenile justice in Spain has an educational and restorative approach., which implies that the juvenile offender must not only comply with the imposed measure but also actively participate in their reintegration process. Within this model, reparation of harm is a key element, as it allows the juvenile to become aware of the consequences of their actions and constructively assume responsibility.
In this article we will explore What does reparation of harm mean in the context of justice? juvenile, what mechanisms are used for its application and what benefits it brings to both the young offender and the affected community.
What is reparation of harm in juvenile justice?
Reparation of harm is a fundamental principle of restorative justice, which seeks to ensure that the juvenile offender assumes responsibility and compensates in some way for the harm caused. This compensation may take different forms, always within an educational framework and proportional to the offense committed.
Legal basis in Spain for the criminal responsibility of minors
Organic Law 5/2000 on the Criminal Responsibility of Minors (LORPM) establishes that the measures imposed on minors must be aimed at their education and social reintegration. Among the measures contemplated for reparation of harm are:
- Economic or material compensation, when it is possible to repair the damage by providing compensation to the victim.
- Community service, when the damage is not exclusively patrimonial and can be compensated with a social action.
- Apologies or restorative agreements, through which the minor recognizes the impact of his or her behavior and seeks a symbolic form of reparation.
- Mediation and restorative justice play a key role In these processes, facilitating spaces for dialogue between the minor and the affected person, always within a framework of respect and voluntariness.
Mechanisms for applying damage repair
Juvenile justice in Spain provides for different ways of carrying out damage repair., depending on the type of violation and the situation of the minor.
Juvenile criminal mediation
Mediation is a restorative tool that allows a meeting between the juvenile offender and the victim or affected person, with the intervention of a professional specialized in intervention with minorsThrough this process, the minor:
- Become aware of the impact of their conduct.
- Expresses his commitment of repair.
- Strengthens your sense of responsibility and empathy.
Community service
In cases where material reparation is not possible or if this is not enough, minors can carry out social activities, such as:
- Collaboration in associations and non-profit organizations.
- Support activities in community services.
- Actions linked to the awareness of the violation committed.
Educational and training programs
In some cases, the minor may participate in programs that allow you to reflectabout their behavior and develop personal and social skills to prevent future conflicts. These programs can address issues such as:
- Education in values and social skills.
- Raising awareness about the impact of the violation on the victim and in society.
- Training for job placement and the development of a positive life project.
Benefits of damage repair
Repair of damage has a positive impact on both the juvenile offender and the community affected.
For the juvenile offender
- Allows you to assume responsibility in an educational and not just punitive way.
- It promotes the development of skills such as empathy, communication and decision-making.
- Contributes to their reintegration process and prevents relapse.
For the victim or affected person
- Can receive fair and proportionate compensation to the damage suffered.
- Has the opportunity to express their feelings and participate in the restorative process.
- In some cases, contact with the juvenile offender facilitates the reconstruction of emotional damage.
For the community
- A more participatory and restorative justice model is promoted.
- The values of coexistence are reinforced, respect and social responsibility.
- Conflict levels are reduced and favors integration of minors in their environment.
Damage repair as an educational opportunity
Intervention with juvenile offenders is based on the principle that error is a learning opportunityIn this sense, reparation for harm not only involves compensating the victim, but also generating a process of reflection and change in the child that allows them to build a positive future.
The success of these processes depends on:
- The individualization of measures, adapting them to the personal circumstances of the minor.
- The active participation of the minor, ensuring that he or she understands the meaning of the repair.
- He professional support, with the support of educators, psychologists and social workers who guide their process.
Damage repair is a fundamental pillar within the juvenile justice system., as it allows juvenile offenders to learn from their experiences and assume their responsibility in an educational way. Through various mechanisms, such as mediation, community service, and training programs, their reintegration process is facilitated and a justice model based on dialogue and restoration is promoted.
This approach not only benefits minors, but also contributes to building a more just and cohesive society, where intervention with young people in conflict with the law provides an opportunity for growth and positive change.
Would you like to delve deeper into restorative processes for minors? Discover the Postgraduate in Intervention with Minors that will open the doors to the job you want!
