Justice Measures Research Articles

Connecting Climate Justice and Adaptation Measures: An Adaptation Justice Index

Connecting Climate Justice and Adaptation Measures: An Adaptation Justice Index

The women, peace and security Agenda through a Queer Theory lens

The two decades since the adoption of the first Security Council Resolution under the Women, Peace, and Security (WPS) Agenda has paved the way for much introspection and debate. While there have been several positive impacts such as the inclusion of women in peacemaking processes and in bringing to light the deliberate deployment of sexual violence in armed conflict as a tactic, there have also been several gaps in implementation. Since the UN Security Council passed Resolution 1325, legal, policy, and academic discourse has focused on armed conflict and women and has made an essentialist case for the inclusion of women in post-conflict peace processes. Among one of the major concerns with the WPS Agenda in its verbiage and implementation is the tendency to conflate 'gender' with 'women's issues.' As a consequence, non-binary gender identities in general, and their experience of armed conflict in particular, have been sidelined and rendered obscure. Sexual violence in conflict has been understood through a limited 'gender' lens, and the unique experiences of queer people in armed conflict have neither been acknowledged or addressed in policy, legislation, and transitional justice measures. Tis paper critically evaluates the WPS agenda and identifies gaps both in its language and implementation through National Action Plans. It presents the unique challenges of sexual and gender minorities in armed conflict and calls for a gender, peace, and security regime founded on the principles of intersectionality, queer theory, and the right to self-determination.

Application of Carbon Sink in Restorative Justice Measures for Ecological Responsibility

Application of Carbon Sink in Restorative Justice Measures for Ecological Responsibility

Transitional Justice in Southeast Asia

The issue of transitional justice has largely evaded the theoretical discussion on the democratization in Southeast Asian context despite the importance of coming to terms with the history of abuse and violence of the past authoritarian regimes. This article fills out this lacuna by incorporating the regional analysis of transitional justice process in several Southeast Asian countries to the larger and mainstream theories of transitional justices that are developed from other contexts. Using the case of transitional justice in Cambodia, East Timor, the Philippines, and Indonesia, this article found that the two most predominant accounts in the literature – the “balance of power” and the “justice cascade” theories – are inadequate to explain the conditions of emergence of the transitional justice and the kind of justice measure that the state would adopt. In turn, studies of empirical cases in these four Southeast Asian countries shed light on three plausible factors previously overlooked in the literatures: a) the distinctive, locally based, notion of justice; b) the frame and narrative of legitimacy of past violence; and c) the degree of complicity and entrenchment of current ruling elites in the past conflict.

THE FAILURE OF TRANSITIONAL JUSTICE IN AFGHANISTAN: THE POLITICAL DIMENSION

In every phase of the conflict in Afghanistan, serious War Crimes and crimes against humanity were committed, resulting in mass killings and forced displacement of millions of Afghan civilians and political opponents. Based on relevant literature, this article investigates the political factors responsible for the failure of transitional justice in Afghanistan, particularly internal and external factors. The article also brings to the fore the impact of the dual process of state-building and peace-building on the implementation of transitional justice. In addition, the paper investigates why the 'Peace first and justice later' strategy proved to be unsuccessful in Afghanistan as the Taliban continued their atrocities, fighting Afghan forces and killing innocent people in suicide attacks. The paper finds that the failure of transitional justice in Afghanistan is due to both internal and external factors. Further, the paper finds that Afghanistan has never been a post-conflict state, unlike other countries that have experienced transitional justice processes. Therefore transitional justice measures were never implemented.

Transitional Justice measures implemented in Argentina: their psychosocial impact

Terrorism carried out by State forces is the most reprehensible action to be taken because the power and resources of a country are used to generate terror. Such power and resources are aimed at reaching certain political goals instead of serving the citizens. Transitional Justice has raised complex debates related to democratisation, human rights and the reconstruction of the State and its institutions after periods of severe social conflict. After the last military dictatorship in Argentina (1976-1983), different transitional justice mechanisms were implemented to cope with the consequences of the State’s collective violence: Truth Commission, criminal trials, institutional reforms, as well as reparatory gestures. A descriptivecorrelational study of group difference was developed, with a non-experimental cross-sectional design. It was aimed at analysing the psychosocial impact of transitional justice measures taken in Argentina. The study was conducted on a non-probabilistic sample composed of 576 participants. Findings support the effectiveness of combined Transitional Justice measures, the weakness of recognition of criminal acts and apologies, and significant differences in terms of violence affectation.
 Received: 20 September 2021Accepted: 25 November 2021

On the measurement of need-based justice

AbstractNeed-based justice is an important ingredient for a pluralistic theory of justice. But how can need-based justice be measured? I will argue that need-based justice cannot be measured by measuring need-satisfaction. This is because need-based justice does not only depend on need-satisfaction, but also on opportunities to avoid or at least mitigate undersupply. Depending on these opportunities, one and the same degree of undersupply can be unjust to different degrees. In this article, I establish a number of desiderata that a measure of need-based justice has to comply with. Resulting measures treat avoidable undersupply as the main source of injustice.

Empowering students for social justice through a critical pedagogy inspired framework of servant leadership

ABSTRACT In this paper, servant leadership and critical pedagogy are amalgamated to explore how aspirations for a greater measure of social justice may be addressed within higher education. A preliminary framework is proposed based on three concepts from critical pedagogy: trust, dialogue, and empowerment. In-depth discussion precipitates valuable insights into plausible lessons from a critical pedagogy-inspired framework of servant teaching. This conceptual framework could serve as a guide for teachers who might want to address some of the social purposes of higher education by drawing both on a service-oriented and altruistic educational theory and leadership style.

Pilot study to estimate sex by canine odontometrics in a Colombian population sample

Forensic humanitarian work occurring both in the judicial context, and in the novel extrajudicial model implemented in Colombia as a result of the peace treaty signed between the Colombian government and the FARC, requires the creation of new demographic standards for the Colombian population in the context of the forensic identification. In this paper we describe a new forensic demographic standard, consisting of a quantitative technique to estimate the sex of human remains resulting from the armed conflict, by measuring canine teeth in a sample of 162 adult individuals that belong to the contemporary Colombian skeletal reference collection that belongs to the National Institute of Legal Medicine and Forensic Sciences in Bogotá D.C. The results of the new technique indicate that the sex was correctly estimated in 82.1% of the cases when using upper canines, and it was correctly estimated in 77.8% of the cases when using lower canines. In the context of human rights violations, the fact that the Colombian conflict has resulted in about 120,000 disappeared, has led to the implementation of transitional justice measures based on a comprehensive justice system of truth, reparation and non-repetition. From the forensic arena, we propose a new methodology for sex estimation as a way to contribute to the process of justice, truth and reparation.

“The desire for that measure of justice”: Consciousness, Political Expediency, and the Rise of Women’s Suffrage in Montana and the West, 1869–1920

“The desire for that measure of justice”: Consciousness, Political Expediency, and the Rise of Women’s Suffrage in Montana and the West, 1869–1920

The impact of school’s security and restorative justice measures on school violence

Scholars have spent considerable time assessing the utility of school policies and practices designed to make schools safer, many focusing on exploring the relationship between security measures and school violence (Peguero et al., 2018). However, to date, there has been a lack of research examining the simultaneous effects of both school security mechanisms and school restorative justice measures on school violence. To help fill this gap in the literature, the current study examined the relationship between school security measures, restorative justice policies, and incidents of school violence using data from the 2018 School Survey on Crime and Safety. Findings indicated that security measures and school demographic characteristics had greater effects on school violence than did restorative justice measures; however, there were differences noted between models that examined violent incidents indicated by school personnel and violent incidents reported to police. In light of these findings, implications designed to curb school violence are discussed within.

The aftermath of transnational illegal adoptions: Redressing human rights violations in the intercountry adoption system with instruments of transitional justice

A growing movement of illegally adopted individuals request remedies and reparations for the human rights violations that they and their biological families had suffered. This article explores a number of measures that the stakeholders in the receiving countries can use in an effort to repair the human rights violations caused by illegal intercountry adoptions, borrowing ideas from transitional justice. In order to effectively redress the harm inflicted upon victims of illegal adoptions, a policy on remedies should combine instruments of retributive justice, aimed at holding wrongdoers accountable, with measures of restorative justice that focus on the victims’ needs and interests.

Democratizing Truth: An Analysis of Truth Commissions in the United States

Abstract Over the past half-century, numerous transitional justice (TJ) measures have been implemented globally. While much research has examined different TJ modalities in the aftermath of authoritarian rule and armed conflict, a growing body of work recognizes TJ outside of political transitions. We study a noteworthy export from transitional to non-transitional settings: truth commissions. Building on scholarship on TJ in established democracies, we introduce new quantitative data from the Varieties of Truth Commissions Project on truth commissions in an overlooked but significant case: the United States. The data captures 20 past, present and proposed official US truth commissions, most of them at the subnational level. Though their mandates vary considerably, they all address racial injustice, with an emphasis on anti-Indigenous and anti-Black violence. We elaborate on trends in the data and discuss the implications for unfolding efforts to reckon with historical and contemporary racial violence and injustice in the United States.

Commemorating Martial Law as Treason

How and why have Polish state institutions constructed an official public memory of martial law (1981–1983) despite plural interpretations and growing apathy and amnesia in the broader society? Between 1992 and 2018, parliament passed eight commemorative resolutions endorsing a single interpretation of martial law as treason. This political consensus is surprising given not only the lack of social consensus but also the political polarization that existed between and among post-communist and post-Solidarity parties. Drawing on LaClau and Mouffe’s discourse theory as well as Brian Grodsky’s theory of transitional justice measures as political goods, this article analyzes the official discourse of martial law as articulated in commemorative resolutions, transcripts of parliamentary deliberations, parliamentary journals, court rulings, and reports of committees, subcommittees, special commissions, and governmental offices. It considers how this discourse has been deployed to legitimate the ruling elite, attack political rivals, and justify controversial initiatives, policies, and reforms. It contributes to the literature on the politics of memory during times of political transformation by examining a case of surprising stability despite factors that would seem to favor change over time.

How the Perception of Public Official on Organizational Culture Influences Procedural Justice in Environmental Policy Processes.

How does the organizational culture of local governments influence the type and extent of procedural justice in environmental policy processes? Using the culture theory developed by Mary Douglas and others, this research seeks to bring a new conception and new measures of organizational culture to the study of policy making by local governments. To contribute to the development of the conceptualization and measurement of procedural justice in the environmental policy processes of those governments, item response theory (IRT) graded response model (GRM) is used to show variations in difficulties and frequencies of adopting distinctive public participation strategies for improving procedural justice across local governments. In this study, original survey data is collected from Illinois municipalities and a finding is suggestive of cultural variables explaining the two dimensions of procedural justice, equal and authentic public participation, while other variables can, at best, explain only the equal public participation. Furthermore, as hypothesized, egalitarianism increases both equal and authentic public participation, individualism increases equal public participation, and fatalism decreases both.

PSYCHOMETRIC VALIDATION OF ORGANIZATIONAL JUSTICE SCALE FOR SCHOOL TEACHERS IN PAKISTANI CONTEXT

Organizational justice is about fairness at the workplace. It is essential to enhance performance and success of every organization. The study was conducted to validate Organizational Justice Scale (OJS) in Punjab, Pakistani public school context developed by Neihoff and Moorman (1993). Sample size consisted of 400 randomly selected public school teachers. This study was based upon quantitative approach and cross- sectional survey design was applied in data collection. The data was collected personally from teachers. Factors analysis techniques EFA and CFA were applied to confirm dimensionality, validity and reliability of Organizational Justice Scale (OJS) in schools of Pakistani context. Results are in support of three dimensional model (distributive, procedural & interactional justice) and generalizability of this scale. Furthermore, the results also established adequate reliability and validity (convergent and discriminant validity) of OJS. Further studies can be conducted to further validate the OJS through different types of data analysis software and techniques. In addition, this scale would be useful for measurement of the organizational justice among teachers in schools.

The Mental Health of Refugees during a Pandemic: Striving toward Social Justice through Social Determinants of Health and Human Rights.

This paper is the second of two in a series. In our first paper, we presented a social justice framework emerging from an extensive literature review and incorporating core social determinants specific to mental health in the age of COVID-19 and illustrated specific social determinants impacting mental health (SDIMH) of our resettled Bhutanese refugee population during the pandemic. This second paper details specific barriers to the SDIMH detrimental to the basic human rights and social justice of this population during this pandemic. The SDIMH, as described, further informs the need for social justice measures and cultural humility in mental healthcare, public health, law, and community engagement. This work concludes with a proposed call to action toward mental health improvement and fair treatment for refugee populations in three core areas: communication and education, social stigma and discrimination, and accessibility and availability of resources.

Transitions, populism, and democratic decline: evidence from Hungary and the Czech Republic

ABSTRACT Although both Hungary and the Czech Republic have seen populists arrive in power over the past decade, only Hungary has experienced a measurable deterioration in the quality of its democratic institutions and rule of law. The different circumstances of the transition after 1989, particularly the differences in constitutional choices and transitional justice measures, help explain the cleavages, polarization, and erosion of trust that characterized Hungarian politics in the run up to the 2010 election. Jointly with a highly disproportionate electoral system, these structural factors made Hungary more prone to the de-democratization observed under Viktor Orbán than the Czech Republic.

THE APPLICATION OF CONSISTENCY OF TREATMENT IN DISMISSALS FOR MISCONDUCT

Fairness in employment necessitates that the employer apply consistent disciplinary standards in the workplace, so that employees who commit the same or similar disciplinary infraction are treated equally. The Code of Good Practice: Dismissal (in Schedule 8 of the Labour Relations Act 55 of 1995) sets out a range of guidelines to be applied by the employer before a decision to dismiss an employer may be taken. It seeks to protect employees from arbitrary action by the employer in order to achieve a measure of employment justice. Employers must therefore apply the rules of the workplace consistently by effecting discipline against all employees accountable for similar misconduct, and also by applying the same sanction for similar infractions. The principle of consistent treatment of employees is referred to as the “parity principle”. It provides that employees who participate in the same or similar wrongdoing, with no distinguishing factors from one case to another, should be penalized in the same way. The foundation of the principle lies in the notion that similar cases must be treated in a similar fashion. It is based on the principle of reasonableness in that fairness in the workplace requires the application of reasonable rules, and not arbitrary or irrational opinions of the employer. Reasonable rules will reflect generality and equality and invariably lead to legal certainty, and a failure by the employer to apply those standards consistently may lead to a finding that the employer acted unfairly in dismissal disputes. In addition to the requirement of consistency, an employer is required to consider a range of other factors before taking the decision to dismiss an employee. These include the gravity of the misconduct; the nature of the work performed by the employee; the circumstances under which the infraction occurred; and the employee’s personal circumstances which may relate to the previous disciplinary record of the employee; his/her length of service and the employee’s personal circumstances. The consideration of these circumstances often leads to a tension between applying the requirement of consistency on the one hand, and the need to take into account the specific circumstances of the employee and circumstances of the misconduct. This comment explores the different approaches adopted by the courts in determining whether or not inconsistent treatment by the employer justifies a finding that the dismissal of an employee was unfair in view of the obligation to take into account the other factors required in the Code. These issues often arise in circumstances where an employee is dismissed by an employer and claims that the employer acted unfairly because other employees were given less severe sanctions for the same or similar misconduct. In deciding the fairness of the matter, the courts have drawn a distinction between individual misconduct and collective misconduct. Historical inconsistency is generally applied in cases of individual misconduct, whilst contemporaneous inconsistency is applied in circumstances of collective misconduct.

Are We All Equally Persuaded by Procedural Justice?

A growing number of empirical studies has sought to explore differences in the effectiveness of the procedural justice model across people. Much of this new evidence points at the procedural justice association with both legitimacy and compliance being largely invariant. Here we expand the analysis of this procedural justice ‘invariance thesis’ by introducing a novel life-course perspective to the debate. Specifically, we focus on the variability of the procedural justice effect within individuals across time. To do so, we use mixed effects structural equation models and longitudinal data from a sample of 1,354 young offenders in the US reporting perceptions of the police, and a sample of 511 subjects of the Australian general population reporting on the tax authority. We find the procedural justice within-person association with legitimacy to be highly variant across individuals, which can be negative for more than 10% of subjects in the two samples used, while for at least another 11% of participants the relationship is twice as strong as the average or stronger. We also find variability in the within-person association with compliance; however, this is only the case for a specific measure of procedural justice in the sample of young offenders. These results question the ‘invariance thesis’. Compliance, and especially perceptions of institutional legitimacy, cannot be expected to change uniformly across all subgroups of the population in line with their perceptions of the procedural just actions of those institutions.