The development of restorative justice in Spain and its prohibition in cases of sexual and gender violence:

Reflections from lo 10/2022 and the new regional law 4/2023 of Navarra

Abstract

The recent Ley Foral 4/2023, on restorative justice, mediation and community restorative practices, was born with the aim of generatinga robust regulatory structure for the development of the restorative justice model. However, its translation into the practical sphere is not free of obstacles. This paper describes the context of this law and its most relevant aspects, as well as the associated main implications and expectations at the regional and national level. Specifically, the focus is placed on the controversy generated by the prohibition of using this model of justice in cases of sexual and gender violence, in light of the restrictive interpretation of the Istanbul Convention adopted by the Spanish legislator in recent regulatory elements such as the LO 10/2022. The implications of this are discussed based on the evidence and regulations in this regard, arguing why a deep reflection is needed when discussing the possibility of opening the way for restorative justice in Spain in cases of sexual and gender violence.