• 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

PROCEEDINGS AND PROTECTION AGAINST DOMESTIC VIOLENCE

PROCEEDINGS AND PROTECTION AGAINST DOMESTIC VIOLENCE

Access to justice for women who have suffered domestic violence depends on the availability of legal aid and other support services, the continuous improvement of legislation, and the capacity building of practitioners handling domestic violence cases. 

We continuously provide legal assistance, free legal representation, and psychological help for women to address domestic violence and related legal issues such as divorce, child custody, child support, property division, compensation for damages, and more.

We work with practitioners from the police, health institutions, Centers for Social Work (CSRs), Public Security Offices (PSOs), courts, and civil society organizations (CSOs) to enhance their knowledge and practices for the effective protection of women and the resolution of related legal problems.

We play an active role in formal processes for drafting legislation and strategies concerning domestic violence and undertake advocacy at local, national, regional, and international levels to improve the circumstances of women who have suffered domestic violence.

ABOUT THE ISSUE

Although a formal legal system for protection against domestic violence has been in place since 2004, its practical implementation remains ineffective. Key shortcomings in the actions of the Centers for Social Work (CSWs) include delayed responses, improper handling of domestic violence cases, inadequate risk assessments, the proposal of measures without consulting victims, and the absence of a system to monitor the enforcement of temporary protection measures. These flaws prevent adequate civil legal protection for women who have suffered domestic violence.

Criminal legal protection is also insufficient due to the lack of distinct criminal classifications for psychological and sexual violence, the frequent downgrading of domestic violence cases to minor offenses or complaints, ineffective investigations, prolonged criminal proceedings, and lenient sentencing policies for perpetrators. Women who have experienced domestic violence are further disadvantaged by limited access to legal aid and difficulty pursuing legal matters related to domestic violence, such as divorce, child custody and support, and property division.

In addition to legal challenges, women face significant financial burdens resulting from healthcare costs, lost work or reduced income, relocation expenses, and other costs directly related to domestic violence.

WHAT ARE WE DOING ABOUT THIS ISSUE

We enhance the legal protection of women who have suffered violence by providing direct support to address the issues they face

We enhance the legal protection of women who have suffered violence by providing direct support to address the issues they face, while also working to improve the legal framework for protection and the response of relevant institutions and the judiciary. Our continuous efforts involve providing legal assistance, free legal representation, and psychological counseling to help women resolve the problem of domestic violence and related legal issues such as divorce, custody, child support, property division, compensation for damages, and more. In addition to legal support, we empower women through psychological assistance to help them actively engage in addressing their situation and extricate themselves from violent environments.

We actively participate in formal decision-making processes and collaborate with practitioners across multiple sectors

We actively participate in formal decision-making processes and collaborate with practitioners across multiple sectors, including the police, courts, social welfare centers, health facilities, and civil society organizations (CSOs), to enhance their knowledge and skills for protecting women and resolving the related legal challenges they face. We prepare legal analyses and assessments of the institutional response to domestic violence, regularly consulting with women who have experienced violence to ensure our recommendations reflect their needs. Through shadow reports and comprehensive advocacy at the local, national, regional, and international levels, we seek to improve the real-world circumstances of women affected by domestic violence.

Providing Direct Help and Support to Women Affected by Domestic Violence

For over 20 years, we have continuously offered free legal aid and psychological counseling as specialized services for women who have experienced domestic violence. A fundamental principle in delivering these services is respecting the confidentiality of the information shared by the women. We use various communication channels to reach our users, including in-person consultations at our office, phone calls, and online support.

Direct help and support can be accessed through our First Aid Center via the following phone numbers or online at the platform pobarajsovet.mk.

Legal Aid Center (LCA): 02/3117 866 and 071 266 101

Since 2002, the Legal Aid Center has been providing expert legal advice, drafting legal documents, and offering court representation in both civil and criminal cases related to domestic violence, as well as other legal matters such as divorce, custody, child support, property division, and compensation for damages. Services are delivered by experienced lawyers and professionals specializing in assisting women who have experienced domestic violence. Our services are available to women nationwide, and we provide legal representation for cases within the courts of Skopje.

For women using LCA services, we also offer psychological counseling sessions with a specialist psychologist who has extensive experience in supporting survivors of domestic violence. These individual consultations, often conducted over the phone, aim to help women build the resilience needed to overcome the challenges they face.

Legal Advice Platform for Women Affected by Domestic Violence: pobarajsovet.mk

Since 2020, we have been providing free legal advice through the online platform “Ask for Advice” to support women affected by domestic violence. This platform improves women’s understanding of recognizing domestic violence, helps them develop safety plans, and guides them in using legal protection mechanisms. Through a simple registration process with a username and password, women can submit questions and receive expert legal advice on how to access legal protection and address the related legal problems they are facing. The platform’s content is available in Macedonian, Albanian, and Romani languages, ensuring broader access to free legal advice for women across the country.

MEDIA

Women Who Have Suffered Domestic Violence Need Measures Addressing Their Specific Needs

During our guest appearance on the show “For or Against” on TV Alfa in November, we informed the public about the systemic shortcomings in dealing with domestic violence and the specific needs of women, such as the costs they incur due to domestic violence, the utilization of free legal aid, exemption from court fees, and issues related to child support. We used findings from our research, gathered through direct consultations with women, to highlight these issues. We also explained the services we provide, including legal aid and psychological counseling, and how these services help women protect themselves from domestic violence and resolve related legal problems like divorce, custody, and child support. Additionally, we contributed to the TV Alfa segment “Violators Remain Unpunished,” stressing the need for a stricter punishment policy toward domestic violence perpetrators.

 

Link to the guest appearance on the show: https://www.youtube.com/watch?v=Vou2qtjlcnc, published on 06.11. 2023.

Lack of Understanding of Different Forms of Violence Against Women in the Public

In light of the rising number of cases of sexual violence against women and girls in the country, during our second guest appearance on the morning show “Hello Macedonia” on Channel 5 in June, we raised public awareness about the different forms of violence against women, including family violence, sexual violence, and human trafficking. We also promoted the services we provide for women through our Legal Aid Center and the virtual platform pobarajsovet.mk.

 

Link to the appearance: https://www.youtube.com/watch?v=rG5IWmtiUUQ, published on 06.06.2023.

The Battle with Domestic Violence is Won by Timely Reporting and Quick Institutional Response

Through a written interview and video statement, we contributed to the announcement titled “The Battle with Domestic Violence is Won by Timely Reporting and Quick Reaction of the Institutions” on the web portal samoprasaj.mk.We informed the public about the domestic violence situation in the country, highlighted the specific needs of women, and shared data from the work of our Legal Aid Center, which provides essential services to women who have suffered domestic violence.

 

Link to the announcement on samoprasaj.mk: https://samoprasaj.mk/ziveacka/bitkata-so-semejnoto-nasilstvo-se-dobiva-so-navremeno-prijavuvanje-i-brza-reakcija-na-instituciite/, published on 27.03. 2023.

Legal Mechanisms for Protection Against Domestic Violence Should Be Continuously Promoted

In January, during our guest appearance on the morning show “Hello Macedonia” on Channel 5, we informed the public about legally guaranteed protection mechanisms for women who have suffered domestic violence, with a special focus on civil court proceedings for the imposition of temporary protection measures.

Link to the appearance on “Hello Macedonia” on Channel 5: https://www.youtube.com/watch?v=rJxrC39WqHE, published on 31.01.2023.

Harmonization of Criminal Legislation with the Council of Europe Convention Provisions is Essential

On the show “Top Topic” on TV Thelma, we emphasized the need to harmonize the Criminal Code with the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence. We discussed measures that should be taken within the criminal law protection system to improve investigations, prosecutions, and the penal policy in cases of domestic violence.

Link to the show “Top Tema” on TV Thelma: https://telma.com.mk/2022/12/16/top-tema-16-12-2022-dali-instituciite-regiraat-soodvetno-i-navreme-vo-sluchaite-so-nasilatvo-vrz-zhenite/, published on 16.12.2022.

The Institutional Response Does Not Correspond to the Actual Situation of Women Who Have Suffered Domestic Violence

In the program “Afternoon with Alsat” (Pasdite me Alsat), we discussed the real-life challenges faced by women who have suffered domestic violence and the actions taken by institutions involved in the protection system. We emphasized the need to address long-term systemic deficiencies and the specific issues women face as a result of violence.

 

Link to the show “Afternoon with Alsat” (Pasdite me Alsat): https://www.youtube.com/watch?v=bHvo8PHM6Uk, published on 05.12.2022.

A Series of Measures is Needed to Improve the Situation of Women in Domestic Violence, the Labor Market, and Health Care

Following a public announcement, we provided a detailed written interview for the *Infomax* portal, outlining specific measures the state should implement in preventing domestic violence, enhancing legal protection, and solving the problems women face. We urged the state to conduct a comprehensive campaign on domestic violence and legal protection, prioritize cases of domestic violence, ensure timely responses from social services, the police, and courts, and establish a state fund to cover rent and living expenses for women and their children.

 

Link to the interview: https://infomax.mk/8-mart-tsveqinja-ili-konkretni-merki-kak/, published on 08.03.2022.

The State Should Do More for Women Instead of Giving Gifts and Greetings for March 8

On the occasion of March 8, we prepared a press release titled “Together for a Gender-Equal Society,” highlighting the unequal position of women in North Macedonia. We pointed out ineffective legal protection against domestic violence, limited employment opportunities, and inadequate access to basic health services. We called on the Government to take concrete measures to improve the situation of women in these areas.

 

Link to the published press release: https://novamakedonija.com.mk/makedonija/drzhavata-da-napravi-povekje-za-zhenite-namesto-podaroci-i-chestitki-za-8-mart/, published on 07.03.2022.

Urgent Measures Needed to Protect Women Who Have Suffered Domestic Violence

During the 16 International Days of Activism Against Violence Against Women, we participated in a panel discussion at the American Corner titled “Tackling Domestic Violence and Reducing Risks During a State of Emergency.” We informed the public about the increased risks women faced during the health crisis and called on the Government and relevant ministries to take immediate action to protect them.

 

Link to the panel discussion post:

https://www.facebook.com/acskopje/photos/a.10152007579445848/10158398472730848/?type=3 , published on 07.12.2021.

Establishing a State Fund for Financial Support for Domestic Violence Survivors is a Positive Step Forward

Due to financial hardships caused by the health crisis, many women who suffered domestic violence are unable to support themselves and their children. Many women remain in abusive environments because they lack the financial means to live independently. On *Slobodna TV,* we emphasized the need for a state fund to support these women and their children financially and called on the authorities to take action.

 

Link to the guest appearance on Slobodna TV:

https://slobodna.tv/stojan-mishev-barame-da-se-formira-pose/, published on June 01.06. 2021.

Informing the Public About the Specific Needs of Women During a Crisis and Promoting Services Can Help Mitigate the Negative Impact

The health crisis highlighted the importance of continuously informing the public about the specific needs of women affected by domestic violence and the available legal mechanisms and services. During our visit to TV 24, we discussed the steps that need to be taken to improve the institutional response to domestic violence and informed viewers about the services ESE provides to support women in addressing the issues they face.

 

Link to the guest appearance on TV 24:

https://24.mk/details/gostuvanje-na-ana-avramoska-i-stojan-mishev, published on May 31.05.2021.

Domestic Violence Survivor Testifies About the Support from ESE

To raise awareness about the realities of domestic violence, we released a documentary featuring the testimony of a woman who benefited from the ESE Legal Aid Center’s services. This video aimed to increase public understanding of the causes and effects of domestic violence and introduce the support services available for women seeking legal protection and resolution.

 

Link to the documentary video (full version):

https://www.youtube.com/watch?v=kmoRBs22YDQ

 

Link to the short version:

https://www.youtube.com/watch?v=caiqZlnjvN0, published on 12.02.2021.

Declarative Commitments to Address Domestic Violence Must be Accompanied by Effective Implementation of the Legal Framework

The state’s lack of political will and budgetary commitment to combat domestic violence has resulted in a failure to implement laws, weak institutional responses, and ineffective protection for women for over 16 years. Even the severe consequences of the COVID-19 crisis have not prompted a shift away from the state’s passive and declarative approach, which involves adopting laws and policies without providing the necessary prerequisites for their implementation. Senior government officials assured the public of new legal provisions for the immediate protection of women victims with the adoption of the Law on Prevention and Protection of Violence against Women and Domestic Violence at the end of 2020. However, the effective implementation of these legal protections, established in 2004, remains absent. On November 25, International Day for the Elimination of Violence against Women, we issued a public statement highlighting the precarious position of women who have suffered domestic violence and the need for improvements in this area.

 

Links to the press release announcements:

https://a1on.mk/macedonia/esse-bez-celosna-primena-na-noviot-zakon-nema-da-ima-promena-vo-zashtitata-na-zhrtvite-na-nasilstvo/ , https://makpress.mk/Home/PostDetails?PostId=382033

https://makpress.mk/Home/PostDetails?PostId=381972 , https://opserver.mk/makedonija/esse-bez-celosna-primena-na-noviot-zakon-nema-da-ima-promena-vo-zashtitata-na-zhrtvite-na-nasilstvo/, published on 25.11.2020.

First Online Platform for Legal Advice for Women Who Have Suffered Domestic Violence

The heightened risk of escalating violence during the state of emergency, particularly psychological and economic abuse, was not matched by adequate public information campaigns on recognizing domestic violence or accessing help and support. The government and competent ministries failed to launch a comprehensive national campaign to improve public understanding of domestic violence or inform women about legal protection mechanisms and procedures for addressing related issues, such as divorce, custody, alimony, and property division. In response, ESE created the first online platform for legal advice, pobarajsovet.mk, which provides information on protection from domestic violence and offers the opportunity to ask questions and receive legal advice tailored to individual needs. The platform is accessible in Macedonian, Albanian, and Romani to broaden its reach to a larger number of women.

 

Links to media announcements about the platform:

https://time.mk/c/99d635867e/

https://akademik.mk/pobaraj-sovet-prva-internet-platforma-za-pravna-pomosh-za-zheni-koi-pretrpele-semejno-nasilstvo/

https://www.pravdiko.mk/pobaraj-sovet-internet-platforma-za-pravna-pomosh-za-zheni-koi-pretrpele-semejno-nasilstvo/, published on 22.06.2020.

State of Emergency Increases Risk of Escalating Violence

In late April 2020, during the state of emergency, a woman was murdered by her husband in Arachinovo. This tragedy confirmed prior warnings about the increased risk of domestic violence and the insufficient protection of women during the state of emergency. Through a public statement, ESE urged the government and relevant ministries to take immediate action to improve the protection of women in crisis situations. This includes establishing a state fund for financial support for women and their children, launching a comprehensive public information campaign, and prioritizing reported cases of domestic violence in institutions and the judiciary.

 

Links to the press release following the murder in Arachinovo:  https://makpress.mk/Home/PostDetails?PostId=344595

https://www.libertas.mk/ese-potrebni-se-itni-merki-za-zashtita-na-zhenite-koi-pretrpele-seme%d1%98no-nasilstvo/

https://opserver.mk/makedonija/ese-potrebni-se-itni-merki-za-zashtita-na-zhenite-koi-pretrpele-semejno-nasilstvo/?utm_source=rss&utm_medium=rss&utm_campaign=ese-potrebni-se-itni-merki-za-zashtita-na-zhenite-koi-pretrpele-semejno-nasilstvo  https://netpress.com.mk/ese-ubistvoto-vo-arachinovo-e-posledica-na-nefunksionalniot-sistem-za-zashtita-od-seme-no-nasilstvo/, published on 30.04.2020.

Taking Immediate Measures to Protect Against Domestic Violence is Key to Solving the Problems of Women in Emergency Conditions

A representative of ESE appeared on the show “What is Not Clear?” on TV Alfa to inform the public about the specific needs of women who have suffered domestic violence during the health crisis and state of emergency. The representative emphasized the urgency for the Government and competent ministries to take the proposed emergency measures for prevention and protection.

 

Link to the appearance on the show:

http://www.esem.org.mk/index.php/component/content/article/2-uncategorised/3558-covid-19-baranja-i-itni-preporaki-do-nadleznite-institucii.html, published on April 09.04. 2020.

Demanding Immediate Action for Protection Against Domestic Violence in Crisis and Emergency Conditions

ESE submitted urgent requests for protection measures for women affected by domestic violence during the state of emergency. However, the Government and competent ministries failed to act upon these requests, with only the Ministry of Labor and Social Policy (MLSP) providing a written response, but without committing to the necessary measures. ESE resubmitted the request, emphasizing the need for immediate implementation of the proposed measures to address the sensitive issues women face during emergency situations.

 

Link to the request submitted by ESE to the Government and ministries: https://www.esem.mk/pdf/Sto%20rabotime/2020/4/Baranje%20za%20itna%20zastita%20od%20SN%20-%20ESE.pdf , published on 28.04.2020.

 

Link to the response from the Main Coordinating Headquarters: https://www.esem.mk/pdf/Sto%20rabotime/2020/4/Odgovor%20KZ%2029.04.pdf , published on 29.04.2020.

 

Link to the response from the Ministry of Justice: https://www.esem.mk/pdf/Sto%20rabotime/2020/5/Odgovor%20Ministerstvo%20za%20pravda%2029.04.pdf , published on April 29.04.2020.

 

Link to the response from MLSP: https://www.esem.mk/pdf/Sto%20rabotime/2020/5/Odgovor%20MTSP%2012.05.2020-SN.pdf  , published on 12.05.2020.

 

Link to the response from the Ministry of the Interior: https://www.esem.mk/pdf/Sto%20rabotime/2020/5/Mislenje%20MVR%20-%2022.05.2020.pdf , published on 22.05.2020.

Recommendations for Urgent Measures to Prevent Violence and Protect Women Who Have Suffered Domestic Violence

Despite the increased risk of violence escalation and the worsening situation of women who have suffered domestic violence during the declared state of emergency, the Government, competent ministries, and institutions have failed to implement comprehensive preventive measures. These measures are crucial for informing the public about the nature of domestic violence and available legal protections. Vulnerable groups, particularly women from rural areas and minority communities, have been disproportionately affected by a lack of information on recognizing domestic violence and accessing help and support. Moreover, when domestic violence is reported, it is not always followed by effective protection or resolution of the specific challenges women face, largely due to the limited operations of institutions and the judiciary during the emergency.

 

Economic hardships during this time have further worsened the situation for women, making it difficult for them to cover living expenses for themselves and their children, thus exacerbating the challenges they face. To address these issues and the specific needs of women during the crisis, ESE submitted urgent recommendations to the Government, the Main Coordinating Headquarters, and the relevant ministries. These recommendations call for special measures to be taken in accordance with the legal mandates of the Ministry of the Interior, Ministry of Labor and Social Policy (MLSP), Ministry of Justice (MP), and Ministry of Health (MoH).

 

The proposed measures include:

  1. A comprehensive national campaign to raise awareness about domestic violence and promote legal protection mechanisms, with particular emphasis on using alternative communication channels to reach women in rural areas and other vulnerable groups.
  2. Prioritization of domestic violence cases by the police, social work centers (CSW), courts, and health institutions.
  3. Addressing the specific needs of domestic violence victims.
  4. Establishing a fund to provide financial support to women who have suffered domestic violence and their children.

 

Links to Recommendations and Responses:

– Recommendations for Immediate Protection from Domestic Violence,  https://www.esem.mk/pdf/Sto%20rabotime/2020/3/Препораки%20за%20итна%20заштита%20од%20семејно%20насилство.pdf , published on 10.04.2020.

 

– Response from the Main Coordinating Headquarters of the Government https://www.esem.mk/pdf/Sto%20rabotime/2020/4/Odgovor%20KZ%2013.04.pdf , published on 13.04.2020.

 

– Response from the Ministry of Labor and Social Policy (MLSP), https://www.esem.mk/pdf/Sto%20rabotime/2020/4/Odgovor%20MTSP%2016.04.pdf  published on 16.04.2020.

The Timely Imposition of Temporary Measures for Protection Against Domestic Violence by the Basic Civil Courts and the Implementation of Measures to Protect Women Must Be Fundamental Conditions for Effective Protection, Even in Extraordinary Situations

During the state of emergency, the Government of the Republic of North Macedonia adopted decrees with legal force to prevent the spread of the coronavirus (COVID-19). However, these measures were inadequate for all citizens and required adjustments to account for the dynamics of relationships between partners, parents, and children, as well as the increased risk of domestic violence during this period.

 

The decree regulating the work of primary public prosecutor’s offices (PPO) and primary courts during the state of emergency allowed for hearings and other judicial actions to be conducted online using electronic means. Unfortunately, many victims of domestic violence lacked access to the necessary technology or Internet services, severely limiting their ability to access justice at a time when they were especially vulnerable to violence. To address this, it is essential to allow hearings for the imposition of temporary protection measures against domestic violence to proceed, either through online means or, where necessary, without a hearing.

 

Moreover, the Government’s decision to postpone the execution of prison sentences for up to three years also disproportionately impacted victims of domestic violence. This postponement meant that convicted perpetrators of violence would not serve their sentences until September 2020, raising the risk of repeated violence and threats to the safety of women and their minor children. We urge the competent institutions to take immediate action to ensure the protection of domestic violence victims during this period.

 

Links to Requests and Responses:

– Request to the RSM Government, https://www.esem.mk/pdf/Sto%20rabotime/2020/3/Baranje%20do%20Vladata.pdf published on 03.04.2020.

– Government’s Response, https://www.esem.mk/pdf/Sto%20rabotime/2020/4/Odgovor%20MTSP%2010.04.2020.pdf published on 10.04.2020.

CSR, the Ministry of the Interior, and Other Institutions Should Take Appropriate Measures to Regulate Child Visitation and Enable the Collection of Child Support by Executors During the State of Emergency

Due to the lack of inter-institutional cooperation between the Ministry of Internal Affairs, the Department for Domestic Violence, and the Department for Marriage and Family within the Social Work Centers, many women who have suffered domestic violence are facing pressure and warnings of criminal charges from the Ministry of Internal Affairs. This is due to non-compliance with decisions concerning direct meetings and personal contact between minor children and the parent with whom they do not live (typically the father).

 

In order to reduce the risk of virus transmission, especially in cases where the parent with whom the child does not live is in daily contact with potentially infected individuals due to their work, many women with custody of the children requested an adjustment of visitation schedules from the Social Security Administration (CSR). However, the CSR did not respond to requests made by phone or email. Additionally, the Government’s decision to freeze the work of executors during the state of emergency resulted in the non-payment of awarded child support, leaving women and children without crucial financial support.

 

As a result, we submitted a formal request to the Main Coordinating Headquarters and the Prime Minister, calling for measures that would require the CSR to respond to requests for adjustments to visitation schedules and urging the police to refrain from enforcing visitation under these extraordinary circumstances. We also requested a review of the decision to freeze the work of executors to ensure that child support payments continue during the state of emergency.

 

Link to the Request Submitted to the Main Coordination Headquarters and the Prime Minister:

https://www.esem.mk/pdf/Sto%20rabotime/2020/3/Baranje%20do%20krizniot%20stab%20na%20Vladata.pdf , published on 27.03.2020.

PUBLICATIONS

Analysis of the legal framework and institutional response to violence against women

2017

Criminal protection of women victims of domestic violence

2019

Report of judicial observation of criminal and civil cases of domestic violence

2020

Shadow report on the implementation of the Council of Europe Convention on preventing and combating violence against women and domestic violence

2022

A guide for victims of domestic violence

2017

OTHER PUBLICATIONS

Analyses of Data from Judicial Observation of Court Cases on Violence Against Women and Domestic Violence

Basic courts play a crucial role in the protection system against domestic violence, as they handle the primary legal mechanisms for safeguarding victims. These include civil court procedures for imposing temporary protection measures (TPM) and criminal court procedures for crimes resulting from domestic violence. Recognizing the need to enhance judicial protection for women who have suffered domestic violence, ESE began implementing a judicial observation methodology in 2014. This methodology involves collecting data from ongoing civil and criminal proceedings, as well as reviewing completed court cases related to domestic violence.

 

These analyses reveal several barriers that hinder the effective application of civil and criminal court procedures in domestic violence cases. Key findings highlight issues such as insufficient awareness among vulnerable groups of women, delays in legal procedures, the revictimization of victims, and the lenient penal policy towards perpetrators of domestic violence. We use these findings to foster broader discussions among judges about ways to improve judicial protection in cases of domestic violence. Additionally, we engage in joint efforts to strengthen the legal framework and address specific aspects of civil and criminal court proceedings related to domestic violence protection.

 

2017 Findings regarding the court monitoring conducted on criminal and civil cases related to VAW
2017 Findings from conducted judicial observation of criminal and civil cases for violence against women
2019 Is domestic violence punished? Do the perpetrators of domestic violence get the punishment they deserve?

Analysis of the Implementation of the "Principle of Due Diligence" under the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence

In 2018, the state ratified the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, followed by the adoption of the National Strategy for the Implementation of the Convention 2018–2023 and the Law on Prevention and Protection from Violence Against Women and Domestic Violence (Official Gazette of RSM, No. 08-524/1 of January 27, 2021). Notably, Article 4 of the law introduces a key legal provision on the “principle of due diligence,” establishing the obligation of professionals in social protection, health, internal affairs, and child protection to act immediately in response to the needs of victims. Despite this obligation to enhance protection for women under the “due diligence” principle, the institutional response remains inadequate and fails to meet even the basic requirements for safeguarding the mental and physical well-being of women affected by gender-based violence.

 

This analysis, prepared by the Edinburgh International Justice Initiative in collaboration with ESE, as part of the shadow report for the Council of Europe Convention, highlights the systemic issues that must be addressed at the national level. It also includes a comparative review and showcases positive practices in implementing the “principle of due diligence” by other countries.

 

2022 EIJI International Justice Initiatives – Report on Due Diligence in relation to the COE’s Convention on Prevention and Protection against VAW and Domestic Violence

Guidelines for the Protection of Women Who Have Experienced Gender-Based Violence

The persistent patriarchal values and societal prejudices about the role of women in families and communities continue to play a critical role in tolerating and minimizing gender-based violence. These harmful attitudes often shift blame and responsibility for the violence onto the victims themselves. Unfortunately, many of these views are also reflected by representatives of institutional systems, contributing to a lack of confidence that victims of violence will receive timely, appropriate, and high-quality support and protection. Furthermore, victims are often insufficiently informed about their rights and the available avenues for protection. Given these challenges, providing ongoing information and encouragement to victims is essential in the process of helping and supporting them.

 

The Trilingual Guides for the Protection of Women Victims of Domestic Violence, Human Trafficking, and Sex Workers are part of a series developed under the USAID Women’s Legal Protection Project, which ESE is implementing in collaboration with Open Gate and the Margins Coalition. These guides focus on three critical components: enhancing judicial proceedings in cases involving violence and discrimination against women, improving the legal framework that ensures protection for victims, and strengthening the capacity of civil society organizations that provide legal assistance to women victims of violence and discrimination. The guides are based on the experiences of victims of domestic violence, human trafficking, and sex work in accessing competent institutions and the protection they received.

2017 Guide for victims of domestic violence (Macedonian)
2017 Guide for victims of domestic violence (Albanian)
2017 Guide for victims of domestic violence (Roma)
2017 Guide for the Protection of Victims of Trafficking in Human Beings (Macedonian)
2017 Guide for the Protection of Victims of Trafficking in Human Beings (Albanian)
2017 Guide for the Protection of Victims of Trafficking in Human Beings (Roma)
2017 Guide to protecting sex workers from violence (Macedonian)
2017 Guide to protecting sex workers from violence (Albanian)
2017 Guide to protecting sex workers from violence (Roma)

An Online Platform for Legal Advice for Women Who Have Suffered Domestic Violence

The 2020 health crisis had a significant negative impact on domestic violence in the country, leaving women who experienced such violence in an even more vulnerable position compared to the period before the crisis. The state has failed to address long-standing systemic deficiencies that have persisted for over 20 years and has not adapted its institutional response to meet the specific needs of women in crisis situations. Alongside the increased risk and escalation of violence, women lacked adequate information on how to identify various forms of domestic violence, particularly psychological and economic abuse, and how to access legal protection mechanisms. The institutional response to domestic violence worsened further due to limited functionality during the state of emergency, exacerbating the challenges faced by women.

 

In response to the urgent need for improved access to information during crises, ESE developed the first online platform for legal advice aimed at women who have suffered domestic violence: pobarajsovet.mk. The platform offers valuable resources on recognizing domestic violence and understanding civil and criminal protection procedures, as well as court processes related to divorce, alimony, custody, and other legal matters. Notably, users can ask specific questions directly through the platform and receive tailored legal advice based on the nature of their issues. The creation of this platform is part of ESE’s broader efforts to provide comprehensive assistance and support to women who have experienced domestic violence.

 

2020 Seek Advice – An Online Platform for Providing Legal Advice to Women Victims of Domestic Violence (Infographic)

Materials for Practitioners Handling Domestic Violence Cases

A fundamental aspect of ESE’s approach to addressing domestic violence is the provision of direct support to women, helping them resolve violence-related issues and other legal problems while simultaneously advocating for improvements in the legal framework and the institutional response to domestic violence. Strengthening the knowledge and skills of practitioners within institutions and the judiciary is crucial to ensuring the effective protection of women and the resolution of the challenges they face.

 

This handbook was developed as part of USAID’s Judiciary Strengthening Project, aiming to enhance the capacities of civil and criminal judges overseeing domestic violence protection proceedings. It provides valuable insights into the nature of domestic violence, the relevant legal frameworks, and the practical steps involved in both civil court procedures for imposing temporary protection measures and criminal court proceedings related to domestic violence offenses.

 

2015 Manual for court procedures in proceedings for protection against domestic violence