Power Abuse and Human Rights
Understanding Human Rights and Power Abuse
According to the Universal Declaration of Human Rights (UDHR), human rights are defined as the fundamental rights and freedoms to which all human beings are entitled, regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. These rights are inherent to all individuals and are inalienable and universal.
In addition to the UDHR, the Council of Europe European Convention on Human Rights (ECHR) is a crucial document that protects human rights in Europe. The ECHR sets forth a comprehensive list of rights and freedoms and establishes the European Court of Human Rights (ECtHR) to oversee the implementation of these rights in the 46 member states of the Council of Europe. The ECtHR ensures that the rights enshrined in the Convention are respected and provides a legal avenue for individuals to bring cases of human rights violations before an international court.
Power abuse or abuse of power covers a broad area of human rights violation. It occurs when individuals or institutions exploit their position of authority to oppress or harm others. This misuse of power can manifest in various forms, such as political corruption, workplace harassment, domestic violence, and institutional discrimination. At its core, power abuse is a violation of basic human rights, as it undermines the dignity, freedom, and equality that all individuals are entitled to. The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the United Nations in 1985, ensures fair treatment and access to justice for victims of power abuse, outlining their rights to restitution, compensation, and assistance. It defines abuse of power as actions or omissions by authorities that violate individuals’ rights through misuse of position or corruption, undermining justice, equality, and the rule of law, and causing significant harm to individuals and communities.
Power Imbalances and Restorative Justice
Power imbalances can significantly affect the dynamics of conflict resolution. These imbalances often arise from factors such as race, age, gender, and socioeconomic status. In traditional criminal justice systems when due consideration to these elements is not given, these disparities can lead to unjust outcomes, where the voices of marginalised individuals are often silenced or ignored.
Restorative justice aims to address these power imbalances through a bottom-up community-led approach, promoting a fair and inclusive process where all participants have an equal opportunity to be heard. The primary goal of restorative justice is to redistribute power among the parties involved in a conflict, ensuring that the resolution process is equitable and just. By prioritising these values, restorative justice not only addresses immediate conflicts but also promotes long-term social change by challenging and dismantling systemic power structures.
RJ4All's Expertise in Power Redistribution
Dr. Theo Gavrielides, RJ4All Founder and Director, has been instrumental in advancing the understanding and application of restorative justice. His work, including the “Race, Power, and Justice” book, as well as numerous webinars and videos, provides valuable insights into the intersection of power, race, and justice.
Gender-based Violence
Definitions and Frameworks
Gender-based violence refers to any harm perpetrated against individuals or groups due to their sex, gender, sexual orientation, and/or gender identity. This definition, rooted in the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), encompasses a wide range of violence including domestic violence and intimate partner violence, which are not always criminalised but have profound impacts on victims.
The Istanbul Convention defines domestic violence as “all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim”. Therefore, it includes two main types of violence:
Intimate partner violence (IPV): Violence between current or former spouses or partners.
Intergenerational violence: Violence typically occurs between parents and children.
These definitions emphasise that domestic violence is a gender-neutral issue, affecting victims and perpetrators of all sexes.
Although RJ4All adopts the term harmed party or survivor over the term victim of these forms of violence, according to the language of the “European Directive on minimum standards of rights, support and protection of victims of crime” (Victims Directive) ‘victim’ means a natural person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence and family members of a person whose death was directly caused by a criminal offence and who have suffered harm as a result of that person’s death.
Restorative Justice in Cases of Gender-Based Violence
Restorative justice can offer a framework for addressing gender-based violence by focusing on the redistribution of power lost by victims. Over time, some victim support groups have expressed skepticism regarding restorative justice in cases of gender-based violence due to existing power imbalances in intimate violent relationships. Critics argue that restorative justice could privatise gender-based violence, potentially revictimising women and exacerbating power imbalances (Pali and Madsen, 2011). Additionally, some view restorative justice as an “easy way forward” for offenders (Wager, 2013, p. 16; Marsh and Wager, 2015).
However, these critiques are often theoretical and lack substantial evidence. In practice, restorative justice, when implemented with all the safeguards in place, has proven effective in serious cases, including violence against women (Gavrielides, 2017; McGlynn et al., 2012; Knowles, 2013). Restorative justice addresses the shortcomings victims face in conventional justice systems by empowering them to articulate their harm and healing needs. The Victims Directive mandates that victims have access to safe and competent restorative justice services.
Prevention and Control of Violent Radicalisation and Extremism
The terms:
- Radicalisation and violent radicalisation
- Extremism and violent extremism
- Religious fundamentalism, and
- Terrorism
are frequently used interchangeably. However, they are very different.
Violent radicalisation is the phenomenon of people embracing opinions, views and ideas which could lead to acts of violence including terrorism as defined in Article 1 of the Framework Decision on Combating Terrorism.
Radicalisation does not necessarily lead to violence and has been said to seek to make changes to the existing political and social structure. Another approach defines radicalism as a quest for sweeping change, while limiting extremism to the pursuit of concrete and localised political ideologies. In other words, radicalisation can be a good force for change especially in oppressive political regimes.
Extremism has been referred to as the adoption of a particular ideology with the intention to use violence to remove the state or ruling structure and its elites. Again, extremism can be seen as a positive act for change.
Violent extremism involves the exercise of power through violent acts with the intention of changing status quo and the ruling structures illegitimately.
Religious fundamentalism is “a belief in an absolute religious truth, which is challenged by the forces of evil and which must be followed today in the same way as in the past”.
Terrorism is “any act of violence or threat thereof notwithstanding its motives or intentions perpetrated to carry out an individual or collective criminal plan with the aim of terrorising people or threatening to harm them or imperilling their lives, honour, freedoms, security or rights or exposing the environment or any facility or public or private property to hazards or occupying or seizing them, or endangering a national resource, or international facilities, or threatening the stability, territorial integrity, political unity or sovereignty of independent States”.
(Convention on Combating International Terrorism adopted by the OIC in 1999)
The 2020 Counter-Terrorism Agenda for the EU focuses on preventing radicalisation, particularly online, enhancing the reintegration of prisoners, and empowering communities through education and the promotion of EU values.
Restorative Justice
Restorative justice and restorative dialogue provide crucial tools for both preventing and controlling violent radicalisation and extremism. By creating inclusive spaces where individuals with radical mindsets can safely express their concerns, restorative justice facilitates constructive and participatory engagement, mitigating the allure of violence as a means of expression.
As a prevention tool, restorative dialogue allows individuals, especially those susceptible to radical ideologies, to voice their grievances and fears within a structured and supportive environment. This process promotes understanding and empathy, reducing feelings of isolation and disenfranchisement that often fuel radicalisation. By fostering open communication, Restorative justice helps individuals find peaceful and constructive outlets for their frustrations, thereby preventing the escalation to violent extremism.
As a control mechanism, restorative justice addresses the underlying issues that contribute to radicalisation and extremism. By engaging individuals who have already exhibited radical tendencies, restorative justice processes facilitate the recognition of harm caused, promote accountability, and support the reintegration of these individuals into society.
RJiNEAR Resilience Model
Positive Psychology and Criminology
Positive Psychology
The origins of positive psychology can be traced back to the work of psychologists such as Abraham Maslow and Carl Rogers. Positive psychology, as defined by Seligman and Csikszentmihalyi (2000), focuses on valued subjective experiences and positive individual traits at both individual and group levels.
- Individual Level: This includes traits such as love, vocation, courage, interpersonal skill, aesthetic sensibility, perseverance, forgiveness, originality, future-mindedness, spirituality, high talent, and wisdom.
- Group Level: This involves civic virtues and institutions that encourage better citizenship, including responsibility, nurturance, altruism, civility, moderation, tolerance, and work ethic.
Positive psychology aims to enhance well-being, contentment, and satisfaction in the past, hope and optimism for the future, and flow and happiness in the present.
Positive Criminology
Positive criminology focuses on integration and social inclusion to reduce negative emotions, desist from crime, and overcome the trauma of victimisation. According to Ronel and Segev (2015), this approach emphasises forces that are experienced positively by individuals and groups, which contribute to crime reduction and personal growth. Drawing from Maslow’s principles, positive criminology shifts the focus from punishment to identifying and maximising human strengths such as creativity, courage, humanity, justice, temperance, and transcendence. The core assumption of positive criminology is that by enhancing the good in individuals who have deviated, we improve their chances of reintegration, well-being, desistance from crime, and the healing of victims.
The RJiNEAR Model
RJ4All has long been at the forefront of integrating positive psychology with restorative justice. In this context, RJ4All has developed the RJiNEAR model, a resilience and well-being psycho-social model derived from the principles and teachings of restorative justice, positive criminology, and positive psychology, as well as psychotherapy and developmental coaching. RJiNEAR offers a theoretically driven method of working with psychological variables such as perception, reasoning, emotions, social influences, and responses, all of which facilitate positive identities and personal growth. The model argues that by nurturing these variables, individuals’ resilience to adopting extremist beliefs and values can be implicitly strengthened.
Hate-related Harms
Hate Crime and Hate Speech
Hate-motivated crime and speech are illegal under EU law. The 2008 Framework Decision on combating certain forms of expressions of racism and xenophobia requires the criminalisation of public incitement to violence or hatred based on race, colour, religion, descent or national or ethnic origin. On 9 December 2021, the European Commission adopted a Communication which prompted a Council decision to extend the current list of ‘EU crimes’ in Article 83(1) TFEU to hate crimes and hate speech. If this Council decision is adopted, the European Commission would be able, in a second step, to propose secondary legislation allowing the EU to criminalise other forms of hate speech and hate crime, in addition to racist or xenophobic motives.
Along with many recommendations, guides and toolkits, on May 7, 2024, the Council of Europe adopted the “Recommendation CM/Rec(2024)4 of the Committee of Ministers to member States on combating hate crime.” It advises member states to take comprehensive measures to prevent and combat hate crime, ensure effective criminal law provisions, support victims with specialized services, and promote a culture of inclusiveness and respect. It emphasizes training for police, the role of specialized hate crime investigators and prosecutors, and the importance of third-party reporting and data collection.
In response to alarming global trends of growing xenophobia, racism, intolerance, violent misogyny, anti-Semitism, and anti-Muslim hatred, the United Nations launched the UN Strategy and Plan of Action on Hate Speech. This strategy provides a unified framework for addressing hate speech globally. The UN defines hate speech as:
“Any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality, race, colour, descent, gender or other identity factor.”
Restorative Approach to Hate Crime
A restorative approach to hate crime emphasises the significant impact these crimes have on victims, who are more likely to experience fear, anxiety, and depression. Restorative justice offers a way to address these profound impacts by involving victims actively in the process. This approach allows victims to have a say in how the offence is dealt with, which is vital for their healing and empowerment.
Additionally, restorative justice brings offenders face to face with the consequences of their actions, helping them see their victims as individuals rather than abstract targets of their prejudice. This confrontation can be crucial in promoting offender accountability and empathy, leading to genuine behavioural change.
Furthermore, hate crime is directly linked to community cohesion. At a time when communities feel divided on a national scale, it’s essential for those feeling anxious or distressed to know that there are rational, effective responses in place. Restorative justice not only addresses individual cases but also works towards rebuilding and strengthening community ties.
Child (Sexual) Abuse and Institutional Abuses
Child Sexual Abuse
While there is no universal definition of child sexual abuse, the American Psychological Association describes it as follows:
“The dominant position of an adult that allows him or her to force or coerce a child into sexual activity. Child sexual abuse may include fondling a child’s genitals, masturbation, oral-genital contact, digital penetration, and vaginal and anal intercourse. Child sexual abuse is not solely restricted to physical contact; such abuse could include noncontact abuse, such as exposure, voyeurism, and child pornography.”
The Directive on combating the sexual abuse and exploitation of children, provides since 2011 the legal framework to protect children from sexual abuse, exploitation, and child pornography. It sets minimum standards for defining criminal offences and sanctions, ensures robust investigation and prosecution, and includes provisions for victim protection and assistance. The Directive also emphasises prevention efforts, including measures to reduce the risk of reoffending and to raise public awareness about the issue.
Following an interim regulation, on May 11, 2024, the European Commission proposed a new Regulation on preventing and combating the sexual abuse and sexual exploitation of children. This new legislation aims to help EU countries detect and report child sexual abuse online, prevent child sexual abuse, and support victims.
RJ4All's Expertise and Initiatives
“Child Sexual Abuse is real and has penetrated the core of our modern societies. It involves the person entrusted with protecting a child, violating their position of power. School teachers, spiritual leaders, parents, family members, doctors, scout leaders, and coaches have all been included in the list of perpetrators.”
According to Gavrielides (2012), restorative justice can offer an alternative way of dealing with child sexual abuse, based on evidence and assessed on a case-by-case basis. The element of power abuse between adults and children is central to these cases. However, additional caution and safeguards are necessary if a restorative encounter is agreed upon, to ensure the safety and well-being of the child.
Sports and Health Inequalities
Health Inequalities
In the European Union, health inequalities exist both between and within countries and they are defined as “differences in health status or in the distribution of health determinants between different population groups.” These inequalities can manifest in various forms, such as disparities in life expectancy, prevalence of chronic diseases, and access to health services, often influenced by socioeconomic status, education, employment, and living conditions. The European Commission highlights that tackling these inequalities is essential for achieving social cohesion and ensuring equal opportunities for all individuals.
Through RJ4All Sports, by leveraging the universal language of sports, we bring communities together, address marginalisation and cohesion issues, and enhance overall well-being and health outcomes.
Sports and Health Inequality
Sports can play a critical role in addressing health inequalities in two significant ways:
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Supporting Health:
- Physical Health: Regular participation in sports improves cardiovascular health, strengthens muscles, enhances coordination, and promotes overall physical fitness.
- Mental Health: Sports can reduce stress, anxiety, and depression. They provide an outlet for emotional expression and improve mood and mental well-being
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Addressing Health Inequalities:
- Accessibility: Providing access to sports facilities and programmes in disadvantaged communities helps reduce health disparities. It ensures that individuals from all backgrounds have opportunities to engage in healthy activities.
- Community Cohesion: Sports bring people together, breaking down social and economic barriers. This fosters a sense of community and belonging, which is essential for mental and emotional health.
For more information about our sports initiatives and how you can get involved, please visit our RJ4All Sports page.
Community Cohesion and Empowerment
Community cohesion refers to the strength and quality of relationships, connections, and solidarity within a community and is characterised by mutual respect, shared values, trust amongst key stakeholders and a sense of belonging among all members, regardless of their background or circumstances. Within communities, empowered individuals and groups are equipped with the skills, confidence, and authority to participate actively in decision-making processes that affect their lives.
Restorative justice, as a community-led initiative, fosters community cohesion by emphasising power-sharing values and inclusive decision-making. By involving all affected parties in dialogues, it promotes participation and collaboration, empowering citizens to resolve conflicts and address harms together. This approach builds trust and mutual respect, strengthening social bonds and reinforcing a collective sense of responsibility within the community.
