Restorative Justice Responses to Gender Violence? Answers from a case study on trafficking in women in China

• In Event: Frontiers in Research on Human Trafficking

Abstract

Restorative justice plays a crucial role in crime responses in many societies worldwide, extending to cases of violence against women, human trafficking and other serious crimes. China is believed to have cultivated certain restorative justice ideas since ancient times, with Confucian philosophy and traditional Chinese values deemed compatible with the tenets of restorative justice in many ways. However, in contemporary China, despite recent shifts in criminal justice policy emphasising a balance of leniency and severity, punitive justice remains predominant. While restorative elements may be visible in addressing juvenile offending and minor crimes, the consideration of restorative measures in response to severe offences, such as trafficking in women (and children) with potential harsh penalties including death, may not be probable. This paper examines a high-profile case of trafficking in woman for forced marriage in China, and explores the intricate nature of human trafficking affecting women within the country, unveiling the complexities inherent to this issue. It also provides insights into how restorative justice is understood and applied in a context marked by unique cultural nuances and political sentiments. Using this case as a focal point, this paper contends that the prospect of introducing restorative justice principles in instances involving severe criminal offences or crimes embedded in deep social and structural problems is unlikely in the current socio-political climate.

Author

• Anqi Shen, Northumbria University