IN THE “WAITING ROOM” OF REFORM: BALANCING AUTONOMY AND PROTECTION IN NORTH MACEDONIAN FAMILY LAW WITH A FOCUS ON THE CONSTITUTIONAL COURT’S RULINGS REGARDING THE CHILD’S RIGHT TO KNOW THEIR ORIGINS

Ignovska, Elena

doi:10.25234/dosd/39852

Child and Family in Contemporary Society, Vol. 3 No. 1, 2026.

Review article

IN THE “WAITING ROOM” OF REFORM: BALANCING AUTONOMY AND PROTECTION IN NORTH MACEDONIAN FAMILY LAW WITH A FOCUS ON THE CONSTITUTIONAL COURT’S RULINGS REGARDING THE CHILD’S RIGHT TO KNOW THEIR ORIGINS

Elena Ignovska orcid.org/0000-0002-7118-7664 ; Faculty of Law “Justinijanus Primus”, University of St. Cyril and Methodius Skopje, Goce Delchev Boulevard 9b, 1 000 Skopje, North Macedonia

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APA 6th Edition

Ignovska, E. (2026). IN THE “WAITING ROOM” OF REFORM: BALANCING AUTONOMY AND PROTECTION IN NORTH MACEDONIAN FAMILY LAW WITH A FOCUS ON THE CONSTITUTIONAL COURT’S RULINGS REGARDING THE CHILD’S RIGHT TO KNOW THEIR ORIGINS. Dijete i obitelj u suvremenom društvu, 3 (1), 103-124. https://doi.org/10.25234/dosd/39852

MLA 8th Edition

Ignovska, Elena. "IN THE “WAITING ROOM” OF REFORM: BALANCING AUTONOMY AND PROTECTION IN NORTH MACEDONIAN FAMILY LAW WITH A FOCUS ON THE CONSTITUTIONAL COURT’S RULINGS REGARDING THE CHILD’S RIGHT TO KNOW THEIR ORIGINS." Dijete i obitelj u suvremenom društvu, vol. 3, no. 1, 2026, pp. 103-124. https://doi.org/10.25234/dosd/39852. Accessed 26 Jul. 2026.

Chicago 17th Edition

Ignovska, Elena. "IN THE “WAITING ROOM” OF REFORM: BALANCING AUTONOMY AND PROTECTION IN NORTH MACEDONIAN FAMILY LAW WITH A FOCUS ON THE CONSTITUTIONAL COURT’S RULINGS REGARDING THE CHILD’S RIGHT TO KNOW THEIR ORIGINS." Dijete i obitelj u suvremenom društvu 3, no. 1 (2026): 103-124. https://doi.org/10.25234/dosd/39852

Harvard

Ignovska, E. (2026). 'IN THE “WAITING ROOM” OF REFORM: BALANCING AUTONOMY AND PROTECTION IN NORTH MACEDONIAN FAMILY LAW WITH A FOCUS ON THE CONSTITUTIONAL COURT’S RULINGS REGARDING THE CHILD’S RIGHT TO KNOW THEIR ORIGINS', Dijete i obitelj u suvremenom društvu, 3(1), pp. 103-124. https://doi.org/10.25234/dosd/39852

Vancouver

Ignovska E. IN THE “WAITING ROOM” OF REFORM: BALANCING AUTONOMY AND PROTECTION IN NORTH MACEDONIAN FAMILY LAW WITH A FOCUS ON THE CONSTITUTIONAL COURT’S RULINGS REGARDING THE CHILD’S RIGHT TO KNOW THEIR ORIGINS. Dijete i obitelj u suvremenom društvu [Internet]. 2026 [cited 2026 July 26];3(1):103-124. https://doi.org/10.25234/dosd/39852

IEEE

E. Ignovska, "IN THE “WAITING ROOM” OF REFORM: BALANCING AUTONOMY AND PROTECTION IN NORTH MACEDONIAN FAMILY LAW WITH A FOCUS ON THE CONSTITUTIONAL COURT’S RULINGS REGARDING THE CHILD’S RIGHT TO KNOW THEIR ORIGINS", Dijete i obitelj u suvremenom društvu, vol.3, no. 1, pp. 103-124, 2026. [Online]. https://doi.org/10.25234/dosd/39852

Abstract

The Macedonian Family Law, adopted in 1992 following the country’s independence, sought to establish a distinct national identity while still reflecting Yugoslav legal traditions. Despite multiple amendments aimed at adapting the legislation to evolving societal and familial realities, the reforms have been piecemeal, leaving the legal framework outdated in terms of its substance, structure, and coherence. A Commission has been drafting a new Civil Code, including Family Law, for nearly 15 years. NGO and citizen initiatives have addressed specific issues, such as granting adopted children the right to know their origins and introducing joint parental responsibilities following divorce. The Government has faced several adverse judgments from the European Court of Human Rights in cases concerning child custody and the enforcement of decisions following divorce or separation, the right of adopted persons to respect for their private life, and the right of transgender persons to legal recognition. Nevertheless, comprehensive reform remains “in the waiting room”. Pending legislative overhaul, this paper analyses key issues in Macedonian family law. It examines children’s rights under the UN Convention on the Rights of the Child, the rights of vulnerable adults under the UN Convention on the Rights of Persons with Disabilities, and the broader protection of private and family life under the European Convention on Human Rights. The analysis also considers a Constitutional Court decision concerning an important children’s right – the right to know one’s origins – and assesses whether the forthcoming Civil Code will comply with international human rights standards. It is concluded that the courts – including the Constitutional Court, the first-instance courts, the appellate courts, and the Supreme Court – possess the capacity to promote and facilitate reforms in family law, provided that they consistently apply not only domestic legislation but also the international standards by which the State is bound through the ratification of international instruments, while carefully interpreting the jurisprudence of the European Court of Human Rights.