<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A reflection on many international statistics shows that women are the most frequent victims of domestic violence. Based on the definition of the phenomenon of domestic violence, the forms of abuse, the manner how violence is treated, the possibility of children, men, extramarital spouses, brothers, sisters, and old people living in an extended domestic community, of also being victims is not excluded. Since domestic violence is not only a national problem but a worldwide problem, international organizations have worked towards the eradication of this phenomenon by sanctioning it in various international conventions. Also, the legal systems of many countries prohibit and sanction domestic violence by special laws obliging the state authorities to act in all situations when there are indications that there are direct or indirect violent acts in a family. In this paper, the authors present only the domestic violence against children as an evident problem in families, but which is often unreported. The legal frameworks of the Republic of North Macedonia and Republic of Kosovo are presented in this paper with the aim to describe the material-legal and procedural-legal treatment of domestic violence by pointing out the failure of the state authorities in implementing the laws on protection and prevention of this phenomenon. The authors take the approach of only treating the legal consequences of child abuse by parents that in both legislations is deprivation of parental rights for the violent parent. They conclude that the state authorities should intensify their work in taking control measures towards all the families where there are suspicions that the parental rights are neglected, and the child is abused. Because many cases of abuse have not been detected or reported, and in both countries a special study especially on domestic violence against children does not exist, the possibility that the number for this type of child abuse is great.</p>
</abstract>

Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A reflection on many international statistics shows that women are the most frequent victims of domestic violence. Based on the definition of the phenomenon of domestic violence, the forms of abuse, the manner how violence is treated, the possibility of children, men, extramarital spouses, brothers, sisters, and old people living in an extended domestic community, of also being victims is not excluded. Since domestic violence is not only a national problem but a worldwide problem, international organizations have worked towards the eradication of this phenomenon by sanctioning it in various international conventions. Also, the legal systems of many countries prohibit and sanction domestic violence by special laws obliging the state authorities to act in all situations when there are indications that there are direct or indirect violent acts in a family. In this paper, the authors present only the domestic violence against children as an evident problem in families, but which is often unreported. The legal frameworks of the Republic of North Macedonia and Republic of Kosovo are presented in this paper with the aim to describe the material-legal and procedural-legal treatment of domestic violence by pointing out the failure of the state authorities in implementing the laws on protection and prevention of this phenomenon. The authors take the approach of only treating the legal consequences of child abuse by parents that in both legislations is deprivation of parental rights for the violent parent. They conclude that the state authorities should intensify their work in taking control measures towards all the families where there are suspicions that the parental rights are neglected, and the child is abused. Because many cases of abuse have not been detected or reported, and in both countries a special study especially on domestic violence against children does not exist, the possibility that the number for this type of child abuse is great.

Children as Victims of Domestic Violence – Deprivation of Parental Rights according to the Family Law Act of the Republic of North Macedonia and the Family Law Act of Kosovo

Faculty of Law, South East European University

SEEU Review

This work is licensed under the Creative Commons Attribution 4.0 International License.

Domestic violence is one of the most serious forms of violation of basic human freedoms and rights regardless of ethnicity, gender, religion, and status. A...

Children as Victims of Domestic Violence – Deprivation of Parental Rights according to the Family Law Act of the Republic of North Macedonia and the Family Law Act of Kosovo

Publié en ligne: 12 juin 2021

Pages: 30 - 44

DOI: https://doi.org/10.2478/seeur-2021-0003

Mots clés
domestic violence, deprivation of parental rights, children as direct and indirect victims

© 2021 Arta Selmani-Bakiu et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Children as Victims of Domestic Violence – Deprivation of Parental Rights according to the Family Law Act of the Republic of North Macedonia and the Family Law Act of Kosovo

Publié en ligne: 12 juin 2021

Pages: 30 - 44

DOI: https://doi.org/10.2478/seeur-2021-0003

Mots clésdomestic violence, deprivation of parental rights, children as direct and indirect victims

© 2021 Arta Selmani-Bakiu et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Mots clés
domestic violence, deprivation of parental rights, children as direct and indirect victims