The project investigates the potential that Restorative Justice can offer in addressing intimate partner violence in Switzerland. By integrating criminological and victimological approaches, it highlights the limitations of traditional sanctions and identifies alternative approaches that take greater account of the needs of those affected.
Intimate partner violence is a serious social problem in Switzerland. Whilst Restorative Justice (RJ) approaches are increasingly being discussed and implemented internationally within criminal law and criminal procedure, their applicability in cases of intimate partner violence remains controversial: some countries have reported positive experiences, whilst others prohibit the use of Restorative Justice (RJ) in this area. This research project investigates whether and how RJ measures should and can be integrated into Swiss criminal law and criminal procedure law in cases of domestic violence.
The current state of international research is being systematically reviewed in order to assess the suitability of RJ in cases of domestic violence. Legal provisions and experiences in selected comparable European jurisdictions and in New Zealand are analysed. Should RJ be found to be suitable, concrete options and proposals will be developed for integrating RJ measures into Swiss criminal law and criminal procedure law in a manner that meets the requirements of logical consistency, systemic coherence and practicability.
The project contributes to the theoretical development of alternative dispute resolution procedures and establishes an evidence-based foundation for legal policy decisions. Given the ongoing relevance of intimate partner violence and the current discussions on reforming Swiss criminal law, the project can provide important impetus for a socially constructive, more effective in terms of prevention, and more victim-centred justice system and practice.
