Domestic Violence in the Republic of Kosovo During 2010–2019

2020 ◽  
Author(s):  
Fatos Haziri
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.


Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.


2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.


Author(s):  
Milica Boskovic ◽  
Nenad Putnik ◽  
Brankica Jankovic

Violence is a form of behavior of an individual, manifested in the use of physical force, psychological and verbal torture, and sexual abuse. Types of violence in which physical, mental, financial or any other aspect is significantly disproportionate in favor of the perpetrator, there are two especially sensitive types of violence: domestic violence and violence against animals. In this chapter, the authors wish to create convenient theoretical/bibliographical foundation for further studies, and to analyze actual data about these criminal acts. In order to achieve this, besides analysis and presentation of relevant past research studies in this field, attempts were also made to analyze official evidence provided by the Ministry of Interior of the Republic of Serbia, as well as the official evidence obtained from the courts at several cities regarding charges brought in these cases.


Humanus ◽  
2012 ◽  
Vol 10 (1) ◽  
pp. 36
Author(s):  
Akmal . ◽  
Aldri Frinaldi

The purpose of this study was to review the judge’s verdict on case No. 166/PID.B/2006/PN PDG in terms of: (1) whether the judge’s verdict fulfills the elements of legal certainty, fairness, and benefit, (2) whether the judge’s verdict relies on the national and international human rights instruments as well as reviewing the aspects of violations of human rights particularly in cases of child abuse. The type of the human rights cases is domestic abuse of under-aged girls. This research used qualitative method with normative judicial approach. Data processing is done using content analysis. The conclusion of the research; (1) Council of Judges needs to understand the ratification of the Child Protection Law and Law on the Elimination of Domestic Violence as well as the International Human Rights Instruments by the Government of the Republic of Indonesia relating to the Convention on Children’s Rights, in order to stress the domestic child abuse as a form of violation against human rights and as a crime against humanity, (2) in order to protect the victims of domestic violence, particularly women and girls, judges should implement the Child Protection Law and Law on the Elimination of Domestic Violence in their verdicts and the Convention of Children’s Right, because the Penal Code KUHP has not guaranteed fully the protection of children and women as primary victims of domestic violence. Key words: human rights, council of judges.


2018 ◽  
Vol 18 (1) ◽  
pp. 168
Author(s):  
Ferdricka Nggeboe

The marriage bond that is conducted aims to form a happy prosperous household, eternal and lasting under the protection of God Almighty, with the aim, automatically the family should be fostered as well as possible, mutual love and affectionate love between husband and wife and children . Each couple wishes for a harmonious married life, but not forever the condition of the household between husband and wife good and peaceful, because sometimes there are quarrels and bickering, which often leads to the occurrence of violence in the household that eventually happened to a percerarian. The legal policy issued by the Government of the Republic of Indonesia to anticipate violence especially domestic violence is Law Number 23 Year 2004 on the Elimination of Domestic Violence (PKDRT). This law is expected to reveal the various violations in the household and the protection of the rights of victims of violence without exception, therefore the question to be answered in this study is, How to protect the law against women victims of domestic violence in the criminal justice system in the City Jambi. This research uses empirical juridical type, and as its analysis knife the researcher uses legal protection theory, that is preventive law protection and repressive law protection. The emphasis of the analysis on the fact that repressive legal protection in the criminal justice system is reflected from the case reporting process until the case is decided by the judge in court. In addition to a brief overview of the process of domestic violence in the criminal justice system, there are also some judges' decisions on cases with free decisions and verdicts stating that the case was revoked. That the repressive legal protection of victims of domestic violence through the decision of a court of a criminal verdict has shown the comparison of law, although it is still far from the legal certainty.Keywords: Legal Protection Against Women, Domestic Violence Victims, Criminal Justice System


2020 ◽  
Vol 1 (1) ◽  
pp. 129-140
Author(s):  
Nita Yuniarti

The general nature of man is basically inclined towards goodness, but this tendency can change due to three factors. First, when you see an opportunity to do bad things. Second, when there is an unbearable basic need. Third, there is desire that is out of control. So controlling the three factors that cause humans to do bad things must be strived for, so that humans always tend to goodness. Law of the Republic of Indonesia Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law of the Republic of Indonesia Number 17 of 2016 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2016 concerning the Second Amendment to Law Number 23 of 2002, Concerning Child Protection, is one of the state's efforts to block human opportunities to commit crimes in the form of violence in their household. This paper uses a qualitative approach with descriptive methods. The data collection technique is observation through literature study. The problem in this research is the hope of reducing domestic violence behavior after the enactment of the PKDRT Law, but the facts show different things. The results of the study prove that the graph of domestic violence after the enactment of this law is still increasing.


Author(s):  
Nazira K. Abdramanova ◽  
◽  
Esbergen O. Alaukhanov ◽  

The article is devoted to the problem of domestic violence and its latency in the territory of the Republic of Kazakhstan. As a result of the analysis of the conducted sociological research the authors revealed the reasons why the victims of domestic violence are afraid to apply to the law enforcement authorities and proposed measures for obtaining true infor-mation about the real extent of domestic violence. Violence is a serious problem in society as it has very dangerous consequences, both for the physical and psychological state of the victims. Recently, there has been an increase in domestic violence. The victims of domestic violence are women, children, the elderly and the disabled, the most defenceless categories of citizens. In order to study problems of domestic violence and to identify its causes and extent of its latency a sociological survey was carried out in September 2020 which involved 642 people from 3 regions of the Republic of Kazakhstan (Zhambyl, Turkestan, Almaty) and 3 cities of national importance (Nur-Sultan, Alma-Ata, Shymkent). Of those surveyed, 84 per cent were female and 16 per cent male. The survey revealed the extent of domestic violence. According to the findings of the survey, 85 per cent of the population surveyed reported domestic violence. More than a half identified physical violence as the main form of violence, 40% identified moral and psycho-logical violence, and 10% identified economic violence in families. Reasons for the latency of violence include the well-established mentality in Kazakhstan, which dictates its own rules of behaviour, the rules of morality and ethics that prevail in society, and the persistence of patriarchal attitudes in the family. Another objective of the survey was to determine what measures people thought would be more effective in preventing domestic violence. Most respondents noted a need for toughening of legislation on domestic violence, introducing a separate crime in criminal legislation (51.9%), holding preventive talks in families (40.7%), establishing crisis centres and shelters for victims of domestic violence (33.3%). In general, it is noted that in order to obtain true information about the real extent of domestic violence and to reduce its latency, all measures should be divided into three main directions, depending on the type of latency to be affected. The first is to minimise the latency of all crime. Secondly, measures should be taken to reduce natural latency. Thirdly, measures should be taken to reduce man-made crime. Citizens' trust and cooperation with law enforce-ment agencies should be increased. On this basis, further study and research is required to provide the rationale and evidence for identifying the latency of violent offences.


Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Moffat Maitele Ndou

The preamble of the Domestic Violence Act (116 of 1998) (DVA) recognises that domestic violence is a serious social evil and that there are high incidences of domestic violence in South Africa. The preamble further recognises that:a) victims of domestic violence are among the most vulnerable members of society;b) domestic violence takes many forms and may be committed in a wide range of domestic relationships; andc) the remedies previously available to victims of domestic violence have proved to be ineffective.The Constitution of the Republic of South Africa, 1996 (the Constitution) provides various rights that are also applicable to victims of domestic violence. The Constitution guarantees the right to dignity and to freedom and security of the person (see ss 10 and 12 of the Constitution respectively). Domestic violence against any person is a violation of these rights. The DVA further recognises that South Africa has international commitments to end violence against women and children in terms of the United Nations Convention on the Elimination of all Forms of Discrimination against Women and the Convention on the Rights of the Child. A right not to be subjected to domestic violence may not be specifically mentioned in international human rights law instruments, but freedom from all kinds of violence and the right to equality and human dignity is generally emphasised.The purpose of the DVA is to provide a legal remedy in the form of an interdict that prohibits a person from violating the rights of the complainant. In order to give effect to this purpose, section 7(1) of the DVA provides that the court may grant a protection order to protect the rights of the complainant. Section 7(2) of the DVA further grants the court the power to impose any additional conditions that it deems reasonably necessary to protect and provide for the safety, health or well-being of the complainant.In KS v AM (2018 (1) SACR 240 (GJ)), the court found that section 7(2) of the DVA empowered the court to order the seizure of the respondent’s digital equipment to remove any photograph, video, audio and/or records relating to the complainant. This case note examines the decision in KS v AM (supra) and determines whether the decision is justifiable in law. The definition of domestic violence is discussed first and thereafter the remedies available in terms of the DVA are examined. A discussion of the judgment in KS v AM (supra) follows.


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