HISTORICAL JUSTICE THROUGH REDRESS SCHEMES?

Abstract

The Swedish redress scheme intended for victims of historical child abuse in out-of-home care compensated only 46% of claimants who sought economic compensation for past harms. This article explores the reasons behind this comparatively low validation rate by investigating a) how the eligibility criteria of the Redress Act were evaluated by the Redress Board; and b) the justifications and underlying values used when applications were rejected with reference to the fact that reported abuse was not deemed to be sufficiently severe according to past standards. Victim capital, which determines how vulnerable or credible a victim is perceived to be by others, as well as competence and narration, are essential aspects for this type of legal proceeding. The article demonstrates that the claimants had to traverse a complicated web of criteria to be awarded compensation. The outcomes for claimants were affected by how the past was conceptualized in this legal setting, what competences the victims themselves possessed, what competence and resources the administrative system offered, and the extent to which the decision-making process fragmented victims’ narratives.