Temida (Jan 2018)
Challenges in the implementation of the law on the prevention of domestic violence in Serbia
Abstract
On the international level, prevention and protection of women from domestic violence and in partnership, is considered to be the issues of human rights. In Austria, during 1990s, model of preventative protection of victims of violence was established, which was accepted by the large number of European states. Even though Serbia in the last 15 years improved its legal framework and policies regarding protection from domestic violence, implementation of laws showed serious challenges, such as cooperation between relevant services, lack of preventive protection, monitoring and evaluation of the effects of implemented measures. Adoption of the Law on the Prevention of Domestic Violence (2016) presents a response to the need for prevention of domestic violence and enhanced coordination and cooperation, as well as for establishing responsibility of institutions in charge. That fulfilled part of the standards set by the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, ratified by Serbia in 2013. The subject of this article is the analysis of early results in the implementation of the Law on the Prevention of Domestic Violence in Serbia. The aim of the paper is to point to possible challenges, especially in relation to the effects of protection and support for victims of domestic violence. Considering that unique and central electronic database on domestic violence has not been created yet, every month, in the last seven months of 2017, the Autonomous Womens’s Centre colleted data from the records of the police and prosecution offices. Having in mind the limitations that arise from the manner in which the data is collected, it can be concluded that number of issued emergency measures is encouraging, even though the implementation of measures is not the same on the territory of the whole country. The greatest challenge represents the long term protection of victims, their support and independence. It would be important to determine whether children who were victims or witnesses of domestic violence had been protected by the issued emergency measures, and whether these measures suit marginalised groups. Also, it is necessary to designate enough number of specialised professionals, organise support for their work and operational state mechanism for regular monitoring and evaluation of the Law’s implementation.
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