DOMESTIC VIOLENCE IN THE REPUBLIC OF MACEDONIA - WITH A SPECIAL FOCUS TO THE LEGAL ASPECTS OF ITS PREVENTION AND COMBAT

Krstevska, Katerina (2016) DOMESTIC VIOLENCE IN THE REPUBLIC OF MACEDONIA - WITH A SPECIAL FOCUS TO THE LEGAL ASPECTS OF ITS PREVENTION AND COMBAT. Programme and Abstracts book of the 2nd International Women and Justice Summit „Speak up for Justice“.

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Abstract

The 2014 Report prepared by the European Commission concerning the Republic of Macedonia progress towards EU states “There is increasing awareness in society of the need to combat and prevent domestic violence. However, much remains to be done to ensure a long-term impact on gender equality. Discriminatory customs, traditions and stereotypes persist, and socially regressive trends in society are fuelled by some parts of the media, as well as by some national policies and initiatives.” This statement is followed with the 2015 Report’s observation “A new Law on Combating Domestic Violence was adopted to protect survivors, but it fails to recognise all forms of violence and only provides for civil proceedings against perpetrators. Further public awareness raising measures are necessary, particularly in rural areas”. Having in mind the above, the Paper shall pay attention to the Macedonian legislation, especially to the Criminal Code (CC) and the Law on Combating Domestic Violence (LCDC). Concerning CC, 2004 is an important year from the aspect of its amendments. Namely, for the first time in the Macedonian criminal legislation the term of “domestic (family) violence” was prescribed. The CC’s specific caracteristic regarding the domestic violence is that it is not stipulated as a unique, i.e. independent criminal act, but as more severe form of several criminal acts. This means that, if the act is committed in the context of a domestic violence, then the prescibed sentence is graver. 2009 is also a significant year since the CC was supplemented with the definition of the term “family”. Further, the CC’s definition of what is meant under “domestic violence” is not only overtaken by the LCDC, but also is more precisely stipulated. Namely, this law prescribes that the term “domestic (family) violence” shall mean abusement, insultment, threatening of the safety, physical abuse, sexual or other psychological, physical or economic violence that causes a feeling of insecurity, threat or fear, including threats of such acts, towards the spouse, parents or children or other persons living in marital or other community or household, as well as towards a current or former spouse, common-law partner or persons who have a child or are in close personal relationships, regardless whether the perpetrator shares or has shared the same residence with the victim or not. The Paper shall not only analyze the provisions of the above acts, but also the provisions of the new Law on Criminal Procedure (2010), since this law contains a separate chapter dedicated to the victims and their rights. Finally, the Paper shall address to the National strategy for preventing and combating the domestic violence (Strategy), prepared by the Macedonian Ministry of Labor and Social Policy. According to the Strategy’s vision, several points should be met until the end of 2015, i.e. in the country there shall be: Understanding of the domestic violence as a severe violation of human rights and raising the public awareness of intolerance of the domestic violence; Increasing victims’ safety; Increasing activities for effective investigations, criminal prosecutions and convictions of the perpetrators; Increasing the quality of services for victims and their standardization; Recognizing the domestic violence as gender-based violence; Increasing the efficiency of the system through structured planning, continuous monitoring and evaluation of the situation.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Security
Depositing User: Olivera Trajanova
Date Deposited: 08 Jan 2021 12:28
Last Modified: 08 Jan 2021 12:28
URI: http://eprints.uklo.edu.mk/id/eprint/6105

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