• esem@esem.org.mk
  • Call Us: +389 (0) 2 3298 295; 3298 296
  • St. Maksim Gorki no. 20/1-4, Skopje, Republic of N. Macedonia

DATA COLLECTION FOR ACCESS TO JUSTICE

DATA COLLECTION FOR ACCESS TO JUSTICE

Gathering evidence on the specific challenges faced by vulnerable groups is essential for identifying the barriers they encounter and developing measures to enhance access to justice tailored to their needs.

We advocate for evidence-based planning by directly engaging with vulnerable groups of citizens to identify their specific needs in accessing justice.

We provide data to support the need for civil society organizations (CSOs) to offer legal assistance to vulnerable groups and highlight the importance of improving the situation for women who have suffered domestic violence and are seeking to exercise their legally guaranteed rights.

We gather evidence on the need to improve access to justice for women affected by domestic violence, focusing on their right to exemption from court costs and assessing the financial impact of pursuing justice, including the costs associated with resolving domestic violence cases and securing child support following separation or divorce from an abusive partner.

ABOUT THE QUESTION

The state’s current approach to ensuring equal access to justice for vulnerable groups is largely declarative. It involves the adoption of laws, policies, and strategies without establishing the essential conditions for their implementation, such as allocating the necessary financial and human resources. Additionally, there is a lack of evidence-based planning, a proper system for monitoring and evaluating the execution of legislation, as well as mechanisms and practices for the mandatory inclusion of citizens in decision-making processes. This approach results in the neglect of the specific needs of citizens, especially vulnerable groups affected by poverty, discrimination, and social exclusion.

 

Civil society organizations (CSOs) regularly engage with vulnerable groups to consult on their specific needs regarding access to justice and the use of legally guaranteed rights. Findings and recommendations from research and analysis are then used to promote evidence-based planning and the creation of measures addressing these needs. CSOs also prepare shadow reports at both international and regional levels on the state’s implementation of human rights standards. This important work has been recognized by global and regional bodies, including the United Nations (e.g., the Committee on the Elimination of Discrimination against Women, Universal Periodic Review) and the Council of Europe (GREVIO). These organizations consistently urge the state to take meaningful steps to improve the real conditions faced by vulnerable groups of citizens.

WHAT ARE WE DOING ABOUT THIS ISSUE

We promote evidence-based planning by directly consulting vulnerable groups of citizens and identifying specific needs related to access to justice

We promote evidence-based planning by directly consulting vulnerable groups of citizens and identifying specific needs related to access to justice. Our efforts focus on aligning with the UN’s Sustainable Development Goals, particularly Goal 16.3, which emphasizes promoting the rule of law at national and international levels and ensuring equal access to justice for all. In collaboration with the Coalition Margini, we monitor the implementation of this development goal and undertake advocacy activities both nationally and internationally to improve its implementation and address the specific needs of vulnerable groups in accessing justice.

We also provide evidence for the importance of legal aid provided by CSOs to vulnerable groups by collecting and analyzing data on the costs and benefits of different legal aid modalities

We also provide evidence for the importance of legal aid provided by CSOs to vulnerable groups by collecting and analyzing data on the costs and benefits of different legal aid modalities. Additionally, we highlight the need to improve access to justice for women who have experienced domestic violence, specifically advocating for their right to be exempt from court costs in such cases and addressing their financial situation regarding the costs associated with resolving domestic violence cases and the maintenance granted for their minor children after divorce or separation from an abusive partner.

MEDIA

Equal access to justice for all and access to justice for the marginalized: A commitment to Sustainable Development Goal 16.3

As part of our commitment to promote and monitor the implementation of Sustainable Development Goal (SDG) 16.3—*Promotion of the rule of law at national and international levels and ensuring equal access to justice for all*—we presented key findings and recommendations at the conference “Access to Justice for the Marginalized.” The event was organized by the Open Society Foundation Macedonia (FOOM), where we shared insights from the analysis on the implementation of SDG 16.3, focusing on the rule of law and equal access to justice.

 

Link to event post:

https://www.facebook.com/events/1194782034356957/?ref=newsfeed](https://www.facebook.com/events/1194782034356957/?ref=newsfeed , published on 30.09.2021.

PUBLICATIONS

Is it possible to monitor the implementation of the objective 16.3. and to what extent the Republic of Macedonia promotes the rule of law and equal access to justice

2019

Analysis of the costs and benefits of providing the three existing modalities of legal aid and services

2018

Analysis of Costs and Quality of Access to Justice for Women Victims of Domestic Violence 2017–2022

2022

The impact of court fees and costs and the awareness of exemption from payment of court costs as an obstacle or opportunity to court protection for women who have suffered domestic violence

2021

Child support – reasons affecting the determination of child support

2021

OTHER PUBLICATIONS

Report on the Implementation of Sustainable Development Goal 16.3 – Promoting the Rule of Law at the National and International Levels and Ensuring Equal Access to Justice for All

With the establishment of the new Sustainable Development Goals (SDGs) in the United Nations’ 2030 Agenda, within the framework of SDG 16, which pertains to access to justice, sub-goal 16.3 was introduced: “Promoting the rule of law at the national and international levels and ensuring equal access to justice for all.” The effective implementation of this goal is particularly crucial for vulnerable groups of citizens whose limited access to justice hinders their ability to exercise their social, economic, and other rights and freedoms. As the national intersectoral body responsible for implementing the SDGs, the National Council for Sustainable Development prioritized SDG 16 as one of the five key goals for the period 2018-2020. Consequently, it submitted a National Voluntary Review on the progress of these goals to the High-Level Political Forum (HLPF) held from July 7-16, 2020.

 

Recognizing the importance of civil society contributions to reporting on SDG progress, the Association ESE, in collaboration with the Margini Coalition and with support from the Open Society Macedonia Foundation (FOOM), prepared and submitted this report on the implementation of sub-goal 16.3 to the HLPF in 2020. This report aimed to apply pressure on the state to accelerate its efforts in implementing the SDGs. The findings of the report reveal that the country has not yet adopted a national action plan for SDG implementation. Moreover, substantial reforms in civil and criminal court procedures, access to free legal aid, and other critical justice reforms, necessary to align with goal 16.3, have not yet been undertaken.

 

2019 Civil Society Report: North Macedonia under review at 2020 High-Level Political Forum

Analysis of the Costs and Benefits of Providing the Three Existing Modalities of Free Legal Aid and Services

Existing analyses of the legal needs of citizens show that a large portion of the population in the country faces multiple legal issues with limited possibilities for resolving them. The current free legal aid (FLA) system is ineffective, with a significant gap between the number of citizens facing legal problems and those who have exercised their right to secondary free legal aid under the Law on Free Legal Aid (LFLA). The budget allocated annually through the Ministry of Justice for providing free legal aid is inadequate for addressing citizens’ legal needs. Furthermore, state financial support to CSOs that traditionally offer expert free legal aid to vulnerable groups is insufficient, raising concerns about the sustainability of these essential services and the very functioning of the organizations themselves.

 

Recognizing the necessity of expanding the promotion of legal services offered by civil society organizations (CSOs) and increasing state financial support, ESE collected data from CSOs annually from 2017 to 2020. Based on this data, we prepared an analysis examining the costs and benefits of providing different modalities of legal aid, including free legal aid from authorized associations under LFLA, free legal aid outside LFLA, and paralegal assistance and support. This analysis underscores the importance of investing in these legal aid systems to ensure that vulnerable citizens can resolve their legal issues effectively.

 

2020 Summary Cost-Benefit Analysis for three free legal aid modalities for the period 2017-2020

Annual Cost-Benefit Analyses of Providing Free Legal Aid to Women Victims of Domestic Violence

Facilitating access to justice for women who have experienced domestic violence is one of ESE’s long-term strategic priorities. Providing free legal aid to these women is crucial for ensuring they can effectively use protection mechanisms and resolve sensitive legal problems through the courts, such as divorce, child custody and support, division of property, compensation for damages, and other related issues. Engaging with the legal system to address domestic violence often incurs various costs, including transportation, court fees, administrative expenses, and other financial burdens, which can further complicate and delay the resolution of these sensitive matters. Given the limited financial capacities of many women to pursue such legal actions, they are often unable to access the free legal aid needed to resolve their issues through judicial means.

 

The Cost-Benefit Analyses of Providing Free Legal Aid to Women Victims of Domestic Violence (2017–2022) contains detailed data on the costs incurred by women seeking to address violence and related legal issues, as well as the costs to organizations providing these services. The analysis includes information on the time spent seeking legal assistance, the level of satisfaction among women with the legal services provided by ESE, as well as the emotional and psychological stress they endured during the process, particularly in their interactions with institutions while attempting to resolve their problems.

 

2017 2017 Cost-Benefit Analysis
2018 2018 Cost-Benefit Analysis
2019 2019 Cost-Benefit Analysis
2020 2020 Cost-Benefit Analysis
2021 2021 Cost-Benefit Analysis

Analyses of Familiarity and Utilization of the Right to Exemption from Payment of Costs in Civil Court Proceedings

Women who have experienced domestic violence often pursue multiple court proceedings to address not only the issue of domestic violence but also related legal matters such as the imposition of temporary measures of protection (TPM), criminal proceedings, divorce, custody and support for children, division of property, compensation for damages, and more. The judicial resolution of these legal problems is heavily influenced by the amount of court fees and related costs, as well as the financial capacity of women to bear these expenses.

 

The experiences of women who have been or will be involved in such civil court proceedings show that they are often not sufficiently familiar with, and consequently do not take advantage of, their legal rights to exemption from payment of costs under the Law on Civil Procedure, or their right to secondary legal aid under the Law on Free Legal Aid.

 

The findings from these analyses are used to highlight the critical need for more information and awareness among women who have suffered domestic violence regarding the types and amounts of costs involved, as well as the specific aspects of court procedures and their legally guaranteed rights. Furthermore, the analysis provides compelling evidence for the need to encourage greater use of the right to cost exemption and/or the right to free legal aid in proceedings addressing sensitive issues related to domestic violence.

 

2021 The impact of court fees and costs and knowledge about the exemption of payment Thereof: As barrier or opportunity for women who suffered domestic violence 1
2021 The impact of court fees and costs and the awareness of exemption from payment of court costs as an obstacle or opportunity to court protection for women who have suffered domestic violence 2
2021 The impact of court fees and costs and knowledge about the exemption of payment Thereof: As barrier or opportunity for women who suffered domestic violence 2

Analyses of Child Support for Women Who Have Suffered Domestic Violence

The well-being of children, which is the primary goal of child support, is a multifaceted issue that requires careful examination from various perspectives.

 

This analysis provides crucial evidence for the need to improve judicial practices in determining the amount of child support, factoring in the needs of children before and after divorce, additional income, and other relevant factors that influence the awarded alimony. Simultaneously, the analysis highlights the necessity of establishing effective mechanisms to ensure the collection of child support from the parent ordered by the court to provide it.

 

The issue of child support for women who have suffered domestic violence is particularly significant due to the unique vulnerabilities and challenges they face. Women who have experienced violence often encounter additional difficulties, such as the non-payment of child support, further hindering their recovery and ability to meet their parental responsibilities. This analysis sheds light on the particular hardships faced by this group of women and underscores the importance of addressing the systemic obstacles that exacerbate their struggles.

 

2021 Child Support – Reasons that affect the setting of this support
2021 Support: Does the support meet the needs of the children
2021 Child support: Does child support satisfy children’s needs

Analyses of Mechanisms for Protection Against Discrimination and the Experience of Vulnerable Groups of Citizens

The Law on Prevention and Protection from Discrimination (Official Gazette of the Republic of Macedonia, No. 101 of May 22, 2019) introduced significant normative improvements and enhanced institutional mechanisms aimed at ensuring equality and providing prevention and protection from discrimination. Key advancements included the expansion of the grounds for discrimination, which now encompass sexual orientation, gender identity, political belief, personal property, and “any other ground.” Furthermore, the law brought about critical changes concerning the Commission for Prevention and Protection from Discrimination, enhancing its competencies in promoting equality, raising public awareness, educating the populace, and ensuring greater independence and accountability through stricter criteria and transparency.

 

Key changes were also introduced regarding the Commission for Prevention and Protection from Discrimination, notably by expanding its competencies in promoting equality, raising awareness, and educating the public. The Commission’s professionalization and departmentalization were enhanced, along with its independence and accountability, through the introduction of stricter criteria and greater transparency. Additionally, reforms were made to the procedure for selecting Commission members, implementing shorter deadlines for handling petitions, allowing for the initiation of procedures ex officio, and enabling the issuance of general recommendations concerning equality and non-discrimination.

 

Recognizing the importance of promoting this new law to the public, the analyses presented here provide valuable insights into the prerequisites needed for the effective operation of the Commission. Additionally, these analyses explore the experiences and perspectives of vulnerable groups of citizens, serving as a foundation for improving transparency, accountability, and effectiveness in the Commission’s work.

 

2019 Analysis of the legal mandate of the Commission for Prevention and Protection from Discrimination and the prerequisites for transparency, accountability and effectiveness
2019 Analysis on the legal mandate of the Commission for Prevention and Protection against Discrimination and Prerequisites for Transparency, Accountability and Effectiveness
2019 Research on the experiences and knowledge of prevention and protection against discrimination of vulnerable groups of citizens
2019 Prevention and Protection against Discrimination through the Perspective and Knowledge and Vulnerable Population Groups

Analyses of Human Trafficking Situations in the Republic of North Macedonia

This report outlines the activities related to the prevention of human trafficking and provides an overview of the situation in the Republic of North Macedonia during the period 2016-2018. The report is based on the brochure “Monitoring and Evaluation of Policies to Combat Human Trafficking: A Manual for Representatives of Victims.” The primary sources of information include the annual reports of the National Commission for Combating Human Trafficking and Illegal Migration for the years 2016, 2017, and 2018. Additionally, the report draws on publicly available data from the U.S. State Department’s reports on human trafficking, the Council of Europe’s reports on the implementation of the Convention on Combating Trafficking in Human Beings in Macedonia, covering both evaluation rounds (the first published in 2014 and the second in 2018), as well as data from the State Statistics Office and other relevant reports and analyses related to the issues covered in this report.

 

2018  What is the situation with human trafficking in RSM (report)
2018  Human Trafficking in 2018 (Infographic)

Analyses of Workplace Harassment Situations

The Law on Protection Against Harassment at the Workplace (Official Gazette of the Republic of Macedonia, No. 79 of 2013) regulates the obligations of employers and workers, as well as the procedure for protection against psychological and sexual harassment at the workplace. After the law was passed, the Association ESE, with the support of the independent trade union SNV International from the Netherlands, conducted several surveys aimed at determining the prevalence of psychological and sexual harassment in the workplace, as well as the level of implementation of the Law by institutions and employers. The findings of the analysis show that more than half of the women (51.7%) have faced psychological harassment, while 17.1% of women have experienced sexual harassment. At the same time, the public is not sufficiently familiar with the Law, and the protection procedures before employers are dysfunctional in practice. They do not contribute to the protection of the rights of women who have suffered psychological and sexual harassment at the workplace. We use the findings of this analysis to emphasize the need to improve legal provisions for protection and fulfillment of obligations by employers, as well as to present the experiences and perspectives of women who have suffered harassment in the workplace.

 

 

 

2011 Violence against women in the workplace – psychological and sexual harassment
2011 Violence against women at the workplace – Psychological and Sexual Harassment
2013 Institutional response and organizational policies regarding workplace violence
2013 Institutional Response and Organizational Policies for Violence at the Workplace
2015 Implementation of the Law on Protection and Harassment in the Workplace