Instead of a Preface
This Manual for the proceedings of the professional
structures in dealing with protection from domestic violence is designed
for the professionals from both formal and informal domestic violence protection
system to provide guidance for more adequate enforcement of the measures for
protection from domestic violence set forth within the civil legislation.
The Manual for the proceedings of the professional structures
in dealing with protection from domestic violence is the first attempt
to compile in one place contents that would encompass theoretical concepts,
remedies for protection from domestic violence in the Macedonian civil
legislation and guidance for their practical implementation.
The concept of the Manual will enable better understanding of
the phenomenon of domestic violence and the need for an appropriate approach to
these extremely sensitive issues, as well as more information on the goal,
structure, characteristics and role of each domestic violence protection system
in the Republic of Macedonia.
Furthermore, it includes the procedures and standards
recommended by the practitioners for adequate implementation of the measures for
protection of the domestic violence victims stipulated in civil legislation.
The Manual is based on the considerations and recommendations
of a large number of practitioners that took part in the project Establishing
Unified and Positive Practices for Dealing with Domestic Violence in the
Republic of Macedonia, conducted by Akcija Zdruzhenska and ESE as part of the
overall efforts for building an easily accessible, efficient and quality
protection system for domestic violence victims in the Republic of Macedonia.
In 2005, following the legal solutions on domestic violence,
these two organizations established formal cooperation with the Ministry for
Labor and Social Policy, the Ministry of Interior and the citizens’
organizations that provide direct services to domestic violence victims and
initiated a process of transformation of the provisions set forth in the Family
Law and the Criminal Code into unified procedures and coordination of the
relevant professionals in domestic violence cases.
This initiative, being first of this kind, was intended to
help the resolution of three key shortfalls of the system for protection from
domestic violence:
Absence of bylaws for each Ministry that would ensure
mandatory and efficient application of the legal provisions;
Absence of cooperation and coordination in the
proceedings of the relevant institutions which is necessary for
prevention of additional victimization and facilitation of the access to
timely and appropriate protection;
Absence of standard conditions and criteria for
provision of services by the formal and informal victim protection
systems.
In the period 2005 – 2007, several analyses were conducted to
provide information on the institutional response to domestic violence in terms
of its type, scope and manner of provision of the protection measures on the one
hand, and the scope of recommended and rendered temporary protection measures,
on the other hand.
In addition, a series of meetings were held with working
groups composed of representatives appointed by the relevant Ministries, Centers
for Social Work, courts and citizens’ associations that provide services to the
domestic violence victims.
These working meetings offered an opportunity to engage a
broad range of various professional groups in a dialogue for developing a victim
needs-oriented system, exchanging the positive and negative practical
experiences and different views on the problems within the system depending on
their mandate and responsibilities, understanding the individual and common
responsibility for successful functioning of the system and active participation
of the practitioners in shaping the work procedures.
The findings of the conducted analyses and the discussions
and recommendations of the professionals responsible to act in such cases
constituted the foundation for developing draft internal procedures in the
Ministry for Interior, the Ministry for Labor and Social Policy and the
citizens’ organizations that function as service providers, draft procedures for
recommending, rendering and monitoring the temporary protection measures and
proposals for amending and supplementing the Family Law. Major part of the
results from this process served as the basis for identifying the strategic
guidance and priorities in developing the National Strategy for protection
against domestic violence, adopted in April 2008.
We hope that the Manual for the proceedings of the
professional structures in dealing with protection from domestic violence
will find its place in the daily work of the professionals and that its
practical use will contribute to a more appropriate, timely and coordinated
action.
Considering the needs for further continuous promotion of the
policies, legislation and practice in this field, we are convinced that it will
be further supplemented and promoted.
We would like to convey our gratitude to the professionals – practitioners
for their contribution to the process of promoting the protection against
domestic violence in the Republic of Macedonia with their experience and open
and dedicated approach.
The publications are available only on Macedonian.