The state with serious concern for victims of domestic violence

Related Articles

Tags

Minister of Labor and Social Policy, Dime Spasov and Minister of Interior Affairs Gordana Jankulovska at the press conference informed the media about the Draft Law on prevention, care and protection from domestic violence.

Government at yesterday’s meeting discussed and adopted the draft law on prevention, care and protection from domestic violence and will be delivered at public hearing where can participate the non-governmental organizations, experts, institutions.

By-passing the first, new, special law on prevention, care and protection from domestic violence, not only we will follow the example of many European countries and neighboring countries where there is special law regulating these issues, but this new law largely will offer new concepts and mechanisms to combat domestic violence, said Spasov.

This draft law defines the principles that will be based on respect for personal integrity and dignity of victims of domestic violence, treating this problem as violation of basic human rights. As basic principles envisages, the principle of urgency and responsibility of the competent authorities, inter-sector action and coordination.

In terms of the types of domestic violence, it will expand the scope of protection for victims of economic exploitation. The new bill explicitly will specified institutions and their competences and responsibilities for action: institutions working in the field of social protection, child protection affairs, health, employment, and education, the competent court, ZELS, including NGOs. It is established the responsibility to report on information for committed violence to the police station or Center for social work, for anyone who has such information and that for the citizens and the officers and officials in all legal entities.

In order to implement comprehensive integrated policy, the Government will adopt a National Strategy for prevention, care and protection from domestic violence, for a period of five years.

The government will also establish National Coordinating Body for Domestic Violence with a term of five years, which will include representatives of all relevant institutions and representatives of associations that are registered for work with domestic violence, and which will be headed by the Minister of Labor and Social Policy,” said Spasov.

The new legislation for prevention from domestic violence is especially dedicated to prevention so that legally governs the comprehensive preventive measures at local and national level. In this direction, are predicted to take measures to ensure the promotion of social and cultural values ​​of conduct, based on the equality of women and men, as well as parents and children. Special highlight is given to the need to introduce modules for nonviolent behavior in the family in the curricula at all levels of education and preschool education, providing vocational counseling, and counseling for marriage and family, Centers for Social Work and other institutions. In terms of general prevention is planned conducting campaigns to raise the awareness and understanding the general public to recognize the effects of domestic violence and training for professionals.

This draft-law defines that CSW to take the following measures to protect victims: accommodation in Center for victims, adequate health care, appropriate psycho-social intervention and treatment, psycho-social counseling in treatment, help the family for child regular school attending, legal assistance and representation, and economic empowerment of the victim through their active involvement in the labor market. Protective measures will be taken by especially educated professionals. Measures of protection against domestic violence are conducted by the Center for social work, and are determined limits for emergency treatment (within 24 hours to initiate proceedings).

It is envisaged the collaboration between the Centre for Social Work and the Agency for Employment of the Republic of Macedonia – competent Center for employment, for taking measures for economic empowerment of the victim through their active involvement in the labor market, active measures and employment policies.

– Responsibilities of health professionals are defined and is established duty to immediately examine and conduct other medical treatment of the victim and to issue appropriate medical documentation for the violation. It provides victims to be exempted from payment of fees for performed medical services and issued documentations. It provides special care when there is knowledge of threat to the life and health of the victim and family members by developing security plan to help the victim. The security plan will be prepared by the multi-sector team of expert, representatives of the Center for Social Work, police, health service and society, with multi-sector team of experts coordinated by the Centre for Social Work, authorized by permanent or temporary residence of victim. In the part of procedures, as news is provided when there is reasonable suspicion of serious danger to the life and health of the victim or the family member, the court within 24 hours will impose interim measure of protection, based on expert opinion and findings of the Centre for Social Work and will impose interim measure of protection, removal of the offender from the home and restraining order from the home for at least 14 days, said Spasov.

mtsp22

This decision regulates cases in order to ensure protection whenever there is reasonable suspicion of serious danger to life and health of the victim or family member.

Temporary protection measures imposed by the District Court, upon proposal of the Centre for Social Work or the victim. Court upon the proposal from the Center for Social Work or victim of domestic violence will impose temporary protection and will act immediately or within seven days of receipt of the request to make decision. CSW is obliged whenever violence is committed against child or in the presence of child to bring criminal charges against the perpetrator of domestic violence. Improved regulation in terms of raising the level of compliance with mandatory court imposed measures to protect against the perpetrator of domestic violence. In this direction, is provided fine of 2,500 to 5,000 EUR in MKD equivalent for non-compliance to the decision.

In defining the protected entities, special aspect of the protection of children and when they are direct victims of violence, as well as when they are present in violent relationships between family members. The new law provides solution in case the child is victim of family violence, CSW, ex officio will take action against domestic violence, as well as measures to supervise the exercise of parental rights.

-Also, the new regulation contains solutions for special protection for other vulnerable groups, primarily those who are unable to care for themselves and incompetent business people, so that the procedures for taking protection measures conducted ex officio whenever guardian will not do so or without his consent, explained Spasov.

Minister Jankuloska in a media statement pointed out that the new legislation provides extended powers of officers for urgent intervention by the MIA for the perpetrator of violence from the victim’s residence.

-The authorized police officer whenever there is charge of domestic violence and aimed at prevention of imminent danger to life and physical integrity of the victim immediately or within 12 hours of the intervention due to the event shall take the following actions: get out to the scene and prepare police report, to ensure that the victim immediately to get proper health care, to prepare proposal to impose temporary measure to protect the perpetrator from the home and restraining order from home along with the police report to submit to competent court, notify the competent Center for Social Work for taking measures to protect the victim, said Jankuloska.

In the area of ​​litigation, as news is provided when there is reasonable suspicion of serious danger to life and health of the victim or the family member, the court within 24 hours to impose interim measure of protection, based on expert opinion and findings of Center for Social Work, and to impose interim measure of protection, removal of the offender from the home and restraining order from home, based on the proposal of the prosecution.

As a novelty is provided that the court may impose temporary protection measure in the absence of the perpetrator of domestic violence based solely on expert opinion and findings of the Centre for Social Work, and based on the police report and the proposal for removal from the home and restraining order from home for period of at least 14 days. This decision regulates cases in order to ensure protection whenever there is reasonable suspicion of serious danger to life and health of the victim or the family member, said Jankuloska.

The imposed Decision for temporary measure to remove the perpetrator from the home and restraining order from the house, the court within 6 hours will hold hearing and will submit it to the prosecuting authority within 12 hours after receipt of the decision communicated to the perpetrator of domestic violence. If the perpetrator of domestic violence voluntarily leaves the house within two hours, police officers will remove it.

-The perpetrator of domestic violence may be imposed with the following interim measures of protection by the court: ban to threaten to commit domestic violence; prohibition to harass, upset, telephoning, contacting or otherwise communicating with family members, directly or indirectly; restraint order at less than 100 meters from home, school, workplace, or certain places regularly visited by another family member; removal from the home regardless of ownership until the final decision of the court; prohibiting the possession of firearms or other weapons or it can be taken away; required to return the items necessary to meet the daily needs of the family; mandatory statutory alimony; required to attend appropriate counseling; compulsory treatment of the offender, if abused, alcohol, drugs and other psychotropic substances or has mental disorder; required to reimburse medical and other expenses incurred by domestic violence and imposing any other measure that the court considers necessary to ensure the safety and wellbeing of other family members, informed Jankuloska.

The two ministers concluded that the next period ahead there will be constructive process of public consultation, as which is expected all stakeholders to participate and help carrying this law with quality proposals and views when it comes to preventing domestic violence, must to build partnerships and offer the best solutions.

Leave a Reply