Uncovering the Potential of Community-Based Restorative Justice in Reducing Perceived Discrimination: Insights from 'Wijkrechtspraak op Zuid’

The Dutch criminal justice system, while designed to be fair and impartial, is often perceived as discriminatory among people with a migration background. Previous studies have indicated that community-based restorative justice programmes may contribute to reducing inequalities, which may also influence perceptions of fairness. Through a case-study, the impact of the ‘Wijkrechtspraak op Zuid’ programme on perceived ethnic discrimination among defendants with a migration background is explored, compared to traditional justice. General observations, next to interviews with defendants and key informants, have led to the understanding that high accessibility, reintegrative shaming while community-oriented parties are present, and a lower perceived power-distance and social distance, play a mediating role in the relationship between actual discrimination and perceived discrimination. Moreover, these aspects and the overall presence of community-based restorative justice may also directly contribute to perceived fairness, diminishing perceived discrimination as well. However, external factors like spill-over effects involving the external attribution of negative experiences in other public domains, may also influence perceptions. In conclusion, community-based restorative justice shows promise in reducing perceived discrimination in court proceedings, but it should not be considered a panacea due to the need for further comprehensive research regarding perceptions of discrimination and the potential enhancements within Wijkrechtspraak op Zuid.