Structural Violence, Socioeconomic Rights, and Transformative Justice

Abstract

This article provides a critique of the scope of existing models of transitional justice, which focus on legal and quasi-legal remedies for a narrow set of civil and political rights violations. The article highlights the significance of structural violence in producing and reproducing violations of human rights, particularly of socioeconomic rights. There is a need to utilize a different toolkit and a different understanding of human rights from that typically employed in transitional justice in order to remedy structural violations of human rights. Focusing on a case study of land inequalities in postapartheid South Africa, the potential for transformative (rather than transitional) justice in postconflict and postauthoritarian contexts is discussed. The article outlines a definition of transformative justice, relevant actors, and relationships for such an agenda and discusses the kinds of strategies that promise a more transformative approach.