The legal and institutional response to gender-based violence in Macedonia

Abstract

Background: The role of the women and gender equality are important issues in Macedonia, both the Constitution and the national laws guarantee equality between men and women. Additionally, Macedonia has ratified both the Convention on the elimination of all form of discrimination against women (CEDAW) and the Istanbul Convention. However, widespread violence against women and girls persists. Objective This study examines the legal and institutional state response to gender-based violence, the potential and shortcomings of legislative and policy action. Methods An extensive desk research was conducted of policy documents, national strategies, reports and specific legislation, enriched with public policy framework analysis and system approach. Results Legal protection in Republic of Macedonia, in case of gender-based violence is realized through a positive legal framework, addressing domestic violence, rape, sexual violence as well as sexual harassment at the workplace and trafficking in women. Over the past decade, one national strategy was implemented for protection against domestic violence, and one action plan for the fight against human trafficking and illegal migration. Institutional response and support services include: six women’s shelters for survivors of domestic violence, one for victims of trafficking, complemented with free legal aid, three counseling centers and three women’s help lines. Discussion Despite this progress in the adoption of national violence laws, major challenges persist related to the application of legislation, procedural challenges in providing evidence and access to legal, healthcare and other services for survivors. Furthermore, laws are not enforced due to the culture of patriarchy and social norms. In addition, there is not specific provision that criminalizes rape or sexual assault within marriage, nor a shelter for survivors of sexual violence. Conclusion This study concludes that a comprehensive approach and overarching strategy is needed, to include: violence prevention, strengthening legal and policy frameworks and co-operation between all involved actors.