Review article
https://doi.org/10.47960/2637-2495.2021.29.5
LEGAL APPROACHES AND EVAUATION OF KINSHIP IN THE CONTEXT OF DOMESTIC VIOLENCE AND SOME CRIMINAL ACTS IN BOSNIA AND HERZEGOVINA
Željko Galić
; University of Mostar, Faculty of Law
Ana Landeka
; University of Mostar, Faculty of Law
Ivana Džidić
; Centre for Information and Recognition of Qualifications in Higher Education
Abstract
Kinship is the constitutional element of family structure, and to a substantial degree its determining factor. By its layered biological and social composition, it determines nature and characteristics of family and wider society in a special way. Kinship and family relationships are marked by solidarity, emotional closeness, interdependence and trust. These connection forms mostly have protective function, and they are a stability factor of family and wider social relationships, but sometimes they result into specific forms of violent behavior and some criminal acts. In this paper, the authors analyze the existing normative approaches to the problems of domestic violence and some criminal acts, which threaten family unity and personal rights either directly or indirectly. They notice how family relationships sometimes contain elements of deviation and modification into destructive relationships due to life hardships and complex nature of human beings. They cite the efforts of legislators to evaluate and sanction actions and deeds within kinship and family relationships with special care, by giving certain actions the properties of privileged or qualified forms of criminal acts. Intending to improve the protection of family and human life, within the topic, the authors also cite some suggestions de lege ferenda.
Keywords
kinship and family; domestic violence; some criminal acts; protection of human life, family and society.
Hrčak ID:
271520
URI
Publication date:
27.1.2022.
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