The Role of Restorative Justice in Addressing Gender-Based Violence with Emphasis on the Capacities of the Iranian Legal System

Abstract

Gender-based violence, as one of the most complex manifestations of structural human rights violations, operates through multilayered and interwoven functions that transcend interpersonal relationships and penetrate judicial, cultural, political, and economic structures. The inefficacy of traditional criminal justice responses—which predominantly focus on punishment, repression, and the denial of the victim’s status—has not only failed to guarantee the dignity and safety of victims, but has in many cases transformed the criminal process itself into a source of secondary victimization. Within this context, the inquiry into a justice-oriented alternative capable of simultaneously addressing psychological rehabilitation, social restoration, and collective accountability becomes increasingly critical. Restorative justice, by relying on intersubjective, process-based, and dialogue-centered approaches, offers an alternative paradigm for confronting gender-based violence that emphasizes human dignity, victim empowerment, voluntary participation, and actor-centered accountability. Unlike rigid and hierarchical criminal justice systems, this approach enables the reconstruction of social relationships, the healing of emotional wounds, and a rethinking of the concepts of punishment and justice. However, the implementation of this model in societies such as Iran—where legal and legislative structures are deeply influenced by jurisprudential teachings, cultural traditions, and authoritarian criminal policies—necessitates a thorough examination of local capacities and obstacles. An analysis of jurisprudential principles such as reconciliation (ṣulḥ), conflict resolution, and reform (iṣlāḥ dhāt al-bayn), in conjunction with a study of intermediary institutions such as Dispute Resolution Councils, Social Emergency Services, and the Welfare Organization, indicates that the localization of restorative justice within religious and legal frameworks is feasible, provided that such localization is aligned with international standards, supported by structural mechanisms, and oriented toward victim-centered approaches. This article, using a descriptive–analytical method within an interdisciplinary framework and drawing on comparative, jurisprudential, human rights, and documentary sources, explores the concept of restorative justice, critically evaluates its role in the domain of gender-based violence, investigates the theoretical and practical challenges of its implementation, and ultimately assesses the feasibility of applying it within the Iranian legal system. The findings suggest that the realization of justice in addressing gender-based violence requires the design of multilayered structures in which dynamic jurisprudence, restorative justice, comparative experiences, and human rights imperatives play a coordinated and synergistic role.