Zaštita od nasilja u porodici u smislu Porodičnog zakona i Zakona o socijalnoj zaštiti

Goran Stamenković

doi:10.5937/ptp2104175s

Abstract

Domestic violence is a complex, multidisciplinary problem, although at first glance it seems like a very clear, definite, extremely obvious, and recognizable phenomenon. In addition to the concept, characteristics, manifestation, and causes of domestic violence, the paper presents the provisions of the Family Law and the Law on Social Protection, as well as the role and competencies of the Social Services Center regarding protection from domestic violence. The so-called "dark figure" in this area indicates that there is a significant number of unreported cases of domestic violence, and the "silence" of family members can lead to immeasurable consequences. That is why it is necessary to emphasize adequate education, good coordination of institutions, but also influencing the social awareness of people that denying the perceived problem of domestic violence leads nowhere.

Highlights

Domestic violence is a phenomenon that has become a very current subject of scholarly analysis in recent years, but at the same time, a behavior, LAW - theory and practiceNo 4 / 2021 for the suppression of which the practice itself is interested
If we analyze the causes of domestic violence, we can say that the characteristics of the “social system in which we find ourselves, a transition period characterized by, among other things, a high degree of instability and existential insecurity.” (Matijašević Obradović, Stefanovič, 2017, p. 16), can lead to different possibilities of violent behavior in one family, and the causes of domestic violence can be numerous and very pronounced
As a special group of social protection beneficiaries, Article 41, paragraph 2, item 6 defines a group of persons for whom “there is a danger of becoming a victim or if they are a victim of abuse, neglect, violence, and exploitation, or if their physical, mental or emotional well-being and development are endangered by the actions or omissions of a parent, guardian or another person who directly cares for them”

Summary

Introduction

Domestic violence is a phenomenon that has become a very current subject of scholarly analysis in recent years, but at the same time, a behavior,. Such tendencies were influenced by the development of the legal and institutional response, as well as the long-standing attitude that domestic violence is and exclusively a private family problem In this regard, it is noted in theory that “domestic violence is a social phenomenon that affects both the lives of individuals and society as a whole” Psychological Violence It encompasses emotional threats or injury (threats, causing fear, restricting freedom of movement or communication with third parties, insulting, calling derogatory names, ridicule, humiliation, etc.) It implies economic subordination of the victim to the perpetrator (unequal access to common funds, denial, control of access to money, prevention of employment or education and professional advancement, denial of property rights, etc.). According to Čudina Obradović & Obradović (2006), these are most often the following reactions: “denial of the problem (they believe that the problem does not exist, so no solution should be sought); reshaping the problem (expect the situation to get better because of the children, love, etc.); self-accusation and seeking justification (they suffer violence in everyday life and try to justify it); self-control and control of others (they adhere to the attitude that the abuser is “provoked” and carefully choose actions and words in the communication); seeking social support (they seek support in the current situation, most often from friends and relatives, while it is difficult to seek help from a professional service); active problem solving (they have a hidden solution in case the situation becomes too dangerous)” (p. 486)

Protection from domestic violence in the sense of the Family Law

Conclusion