How (Not) to Address the Problem of Gender-Based Violence: The Political Uses of Restorative Justice

Abstract

This article investigates why restorative justice in France—legally recognized since 2014 and broadly endorsed by political actors—remains only marginally implemented, particularly in cases of gender‑based violence (GBV). Drawing on qualitative research, including interviews, observations, and parliamentary debate analysis, the study shows that limited uptake cannot be explained primarily by feminist resistance or public reluctance. Instead, restorative justice has been shaped by blame‑avoidance strategies, institutional ambivalence, and the downward delegation of responsibility to under‑resourced local actors. Presented as a right but maintained in a quasi‑experimental mode, it relies heavily on the discretionary, often overtime labour of frontline practitioners. This governance configuration reframes, a statutory right into an optional service, preserves existing penal hierarchies, and obscures the structural nature of GBV. The article highlights how symbolic reforms may be neutralized through managerial practices and calls for comparative research on institutional designs that enable more consistent implementation.