Pregledni rad
https://doi.org/10.47960/2637-2495.2018.26.168
DOMESTIC VIOLENCE THROUGH THE LEGAL FRAMEWORK IN BOSNIA ANDHERZEGOVINA
Safet Mušić
Sažetak
In Bosnia and Herzegovina due to traditional national roots of gender stereotypes in the social and cultural structure of BiH society, perceives domestic violence as a corrective measure and the matter of private life. The problem of domestic violence thus regenerates and
continues due to the denial and silence of most members of the society, as well as the unsystematic and inconsistent approach to this problem of relevant state institutions. One of the key problems is the lack of systematically collected and available data on the number of
cases of domestic violence, which would then be used to raise awareness of the public and state authorities about this problem and the need for its urgent resolution. Regardless of the relatively satisfactory legal framework in Bosnia and Herzegovina,
the lack of adequate application in practice prevents effective protection and does not provide security to the injured parties, or victims of domestic violence. For these reasons, there is a certain level of lack of confidence in the work of the relevant safeguards, which is why a large
number of victims shy away from reporting an act of violence against them. A large number of those victims who report violence, in many cases, use their right not to testify against the perpetrators, thus creating a vicious circle of violence. During the research, the legal aspects of domestic violence in terms of positive law,
substantive laws and conventions ratified by Bosnia and Herzegovina, under the Istanbul Convention, were also addressed. The States Parties to the Convention are committed to the implementation of its provisions, which in some cases requires the adoption of new laws and
the provisions of the existing laws in a given country.
According to the research results of this paper, the biggest problem of domestic violence is the non-reporting of violence by the victim of violence, and the inadequate response of the relevant institutions towards needs of the victim of violence. It is necessary to point out
perceived shortcomings, in order to contribute to the prevention of creating a "vicious circle", where society did not provide adequate help for the victim in time. Therefore there is a possibility that the victim later becomes the abuser or perpetrator of violence, ie perpetrator of
violence can develop the attitude that violence is acceptable and can be correlated with other negative social phenomenon. The methods that will be used in the preparation of this work are: method of comparison and analysis, method of content analysis, test methods, that is, surveys and statistical method
Ključne riječi
Violence; Family; Violence against women; Legislation response to violence; Protection against domestic violence.
Hrčak ID:
233373
URI
Datum izdavanja:
28.12.2018.
Posjeta: 3.995 *