Procedural fairness: Between human rights law and social psychology

Graaf, Cathérine Van de

doi:10.1177/0924051921992749

Cited by 5 publications

(2 citation statements)

References 18 publications

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“…While social workers only have time for brief appointments, migration office staff might not see their clients at all. Personal contact is essential to increasing procedural justice (Graaf 2021); yet in Switzerland, migration office staff who withdraws permits, rarely meet their clients in person and only offer a written 'right to be heard'. Thus, their decisions are based purely on paperwork -not least because this allows them to deliver their decisions as quickly as possible.…”

Section: Acceleration Of Proceduresmentioning

confidence: 99%

Informing for the sake of it: legal intricacies, acceleration and suspicion in the German and Swiss migration regimes

Borrelli

Wyss

2022

Citizenship Studies

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In migration law, being informed about legal and administrative procedures constitutes an essential procedural safeguard. Yet, in practice, the transparency of legal practices is often structurally undermined, resulting in the curtailment of procedural safeguards and potentially affecting perceptions of procedural justice. Building on our multi-sited ethnographic research in Germany and Switzerland, we first argue that migrants find it often difficult to anticipate how laws work, contradicting the key procedural law principle of legal certainty. Second, a general trend towards acceleration in migration administration allows limited time for information to reach migrants on the ground, leaving them uninformed about legal procedures. Third, migration law is implemented in an atmosphere of suspicion, which has a negative impact on trust between migrants and state officials -and on transparency. We thus demonstrate how procedural safeguards become empty and routinised, aggravating the structural violence at the heart of the distinction between citizens and non-citizens in interactions with the state.

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Section: Acceleration Of Proceduresmentioning

confidence: 99%

Informing for the sake of it: legal intricacies, acceleration and suspicion in the German and Swiss migration regimes

Borrelli

Wyss

2022

Citizenship Studies

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“… 19. See Van der Graaf (2021) connecting procedural fairness to the right to a fair trial (see ‘Matters of principle: Right to a fair trial’).…”

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confidence: 99%

Preponderance, proportionality, stepwise liability

Tuzet,

Esposito

2023

The International Journal of Evidence & Proof

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After comparing the preponderance and proportional approaches to adjudication by considering some cases susceptible to being decided in either way, the work develops an in-depth discussion of Lavie's stepwise approach, and points out some major concerns that it poses, namely concerns about conceptual resources, methodology and matters of principle. As to conceptual resources, the work addresses and clarifies what Lavie means by ‘probability’ and ‘gradually increasing steps’; on methodology, it observes that reliance on Beckerian deterrence in this context is not convincing due to its reductionist motivational focus, which has also been challenged empirically by behavioural studies, and to its dismissal of the institutional function of trials; on matters of principle, finally, the work claims that the fundamental changes in the jural positions of claimant and defendant raise very high concerns in terms of the right to a fair trial.

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Mediation as a 21st century conflict resolution mechanism: Exploring procedural fairness experiences of mediation users in Ghanaian courts

Benson,

Asaah‐Junior

2024

Conflict Resolution Qtrly

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Mediation has become a contemporary conflict resolution mechanism in the 21st century that offers an alternative to traditional legal processes. This qualitative study explores the experiences of mediation users in three courts in the Central Region of Ghana, with a focus on procedural fairness. Grounded in the theory of procedural fairness, the study examines how Ghanaian and African conceptions of fairness influence mediation practice. The study found that the Ghanaian and African understanding of procedural fairness is rooted in specific situations—taking into account parties' demands in generating settlement agreements, allowing parties to select their mediators, involving important personalities in mediation, ensuring the fair settlement of cases, and deciding who should speak first. Participants evaluated procedural fairness within the context of confidentiality, neutrality, party empowerment, and the assurance of being heard. These evaluations align with what has been reported in Western literature. This research contributes to the growing body of literature on conflict resolution by providing insights into the significance of procedural fairness within mediation practice, with specific reference to Ghana. The findings underscore the importance of aligning mediation processes with principles of procedural fairness, offering valuable lessons for practitioners, policymakers, and researchers who seek to optimize the efficacy and fairness of mediation as a conflict resolution mechanism.

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Procedural fairness: Between human rights law and social psychology

Cited by 5 publications

References 18 publications

Informing for the sake of it: legal intricacies, acceleration and suspicion in the German and Swiss migration regimes

Informing for the sake of it: legal intricacies, acceleration and suspicion in the German and Swiss migration regimes

Preponderance, proportionality, stepwise liability

Mediation as a 21st century conflict resolution mechanism: Exploring procedural fairness experiences of mediation users in Ghanaian courts

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