Gender-based Violence in Kosovo

• Author: Ardita Maçastena
• Pages: 118-135

ACTA UNIVERSITATIS DANUBIUS Vol. 15, no. 1/2019

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Gender-Based Violence in Kosovo

Ardita MAÇASTENA1

Abstract: Violence has become an occurrence which is spreading all over the world, where not only

the poor countries have not been immune to it, but neither the most developed countries have prevented

it. Kosovo, has been faced too with this epidemic issue to come to the conclusion that gender-based

violence exists in Kosovo. Therefore, this paper will specifically focus on gender-based violence as an

aggravating circumstance which has increased apparently during 2015-2018, in Kosovo. The methods

which were applied in this paper are; observation, case study, interview, comparative method,

quantative research such as published statistical data and data analyse. The outcome shows that mostly

woman and LGBTI+ community have been target of the gender-based violence. The fact that social

norms and Albanian common law, still apply in daily basis, makes it more challenging the rule of law,

therefore this is the main area where de facto with de jure clash. This by all means, must make justice

system more cautious and determined to fight and prevent gender-based violence, and not allow their

personal perception interfere in their objectivity. The discrepancy between legal framework and

judicial practice must balance itself by justice authorities, which must confront properly this criminal

offense.

Keywords: woman and man; violence; social norms; legal framework; judicial system

1. Introduction

What is gender? What is violence? By understanding the genesis of these two

essential concepts, we will get to know better what is gender based violence, which

gender is mostly vulnerable, how it happens, what are the causes and how can we

prevent it? The us e of any type of violence is a criminal offense, which is harmful

and damages not only the survivor’s life but consequences can reflect in the entire

society because it makes it even more difficult the process of living in peace and

1 Student at University of Pristina “Hasan Prishtina”, Republic of Kosovo, Address: Rr. “George Bush”,

Nr. 31, 10 000 Prishtinë, Republic of Kosovo, Tel.: +381 38 244 183 /244 186, Fax : +381 38 244 187,

Corresponding author: dita.macastena@gmail.com.

AUDJ, Vol. 15, No. 1/2019, pp. 118-135

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harmony. Yet in current Kosovo’s legislation domestic violence is not foreseen as a

criminal offense but is proceeded with civil procedures. As the main form of

violence, gender-based violence many times results in the end of the life of the victim

which mostly that victim is a woman, but not always ends with killing, other times

may result in severe serious bodily injuries. Other times it may result with no fatal

injury, only with lightly bodily injuries. And sometimes with no physical injury at

all! But even then, it results with psychological trauma because violence not

necessarily is visible, and it manifests in many forms which doesn’t always directly

lead to scars which can be seen by the human eyes. Yet, the after effects remain the

same, the use of violence in the history of human kind never it had a positive impact.

This de facto situation, and the number which increased rapidly isn’t a justification

to normalize violence, as institutions of justice, mainly police does so. In practice

the justice authorities who are in charge tend to not be surprised and there are few

cases on which the patriarchal mentality has interfered in their objectivity and have

made themsee violence as a private matter which is between perpetrator and the

injured party and they can resolve it between themselves. To prevent the violation of

human rights, laws which ensure the protection of human rights exist, and Kosovo

has incorporated a large number of international universal declarations, conventions

in its national legislation. The primary problem which comes to light in the Kosovar

society is the implementation of laws which protect at all costs, the human life,

integrity and dignity. Thus, to solve this problem, many NGO have raised the issue

of gender-based violence and by monitoring the work of justice institutions with

years, they have come to conclusion that trainings and workshops are more than

necessary starting by police officers and ending with prosecutors and judges, to make

them aware how to behave in rapport with the victims before/after the victim reports

the case. Yet, even the trainings and workshops didn’t change that much the reality

of how victims of gender-based violence are treated. Progress in areas of justice

institutions barely ever met the expectations of civil society, since the main obstacle

is the lack of implementation of legal framework.

2. Definition of Gender

What is sex, and what is gender? The law which has the main objective to ensure

gender equality acknowledges the differences between sex and gender, and specify

on Article 3, disposition 1.8 that sex refers to the biological and physiological

characteristics that define men and women (Law No. 05/L -020 ),

meanwhile“gender- is socially-constructed roles assigned to women and men, which