Herstelrecht binnen de forensische psychiatrie en psychologie: Een theoretische benadering

Abstract

The growing emphasis on a victim-sensitive approach and the implementation of restorative justice interventions in forensic psychiatry requires a theoretical foundation. This article examines the applicability of key principles such as informed consent, safety, responsibility, impartiality, and confidentiality in the context of mediation. The findings suggest that a careful, context-specific interpretation of these principles, with attention to the specific needs of this population, is essential for an effective and restorative process. To achieve this, it is important to maximize autonomy by providing clear and comprehensive information, minimizing subtle coercion, and tailoring procedures to participants’ cognitive capacities. Additionally, procedural challenges, such as privacy regulations, the balance between forensic expertise and impartiality, and potential role confusion, must be carefully considered.