SUMMARY VIOLENCE AGAINST WOMEN STATISTICS:

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1 Kosovo (Republic of Kosova) General Country Information: 1 Population: 1,733,872 Female population: 860,274 Member of Council of Europe: No Member of European Union: No CEDAW ratified: (Not signed) CEDAW Optional Protocol ratified: (Not signed) CoE Convention on preventing and combating violence against women and domestic violence: signed: No ratified: n/a SUMMARY According to a 2008 prevalence study on domestic violence committed against women and men by any family members, including intimate partners, 18% of adults have experienced physical violence, 2.5% have experienced sexual violence and 30% have experienced psychological violence in their lifetime. According to annual police statistics, there were 1,042 reported cases of family violence in 2011 of which 695 related to female victims. National criminal justice statistics on domestic violence are generally not available in Kosovo. Information available from a 2008 research report indicates 2,795 cases of domestic violence brought to court in 2008 that include incomplete cases transferred from Data on medical interventions related to domestic violence or intimate partner violence is not collected in Kosovo s healthcare system. There are two national women s helplines in Kosovo, one operated by the State and the second by an NGO. Furthermore, there are eight women s shelters in Kosovo, 18 women s centers and eight centers for women survivors of sexual violence. VIOLENCE AGAINST WOMEN STATISTICS: Prevalence Study: Several research studies have been conducted in Kosovo, especially in the years One research survey carried out in Kosovo is the Exploratory Research on the Extent of Gender-Based Violence in Kosova and its Impact on Women s Reproductive Health. 2 The survey was published in Data was obtained on violence 3 against women by current or former husbands, intimate partners, boyfriends, and other family members. 4 The Exploratory Research is not a prevalence survey as data was not solely gathered from interviews of randomly chosen subjects, but data sources included existing statistics, interviews with professionals assisting women, and interviews with women who have experienced violence. 5 The findings do provide data from other surveys by Women s Wellness Center in Pristina from years and , 6 however, it is noted that with any household surveys conducted in Kosovo at that time, the rates may be underestimated, due to lacking census data, which affected sampling methods and may have led to results that were statistically inaccurate. 7 Data was collected from 96 professionals 8 assisting women, 51 women who have experienced violence, and other sources of existing data. 9 According to information provided in the Exploratory Research, based on other survey data, 34-36% of all women with partners reported experiencing domestic violence. From the abused women interviewed for the Exploratory Research, 80% stated to have experienced violence from current or former husband, intimate partner, or boyfriend, while 10% of women experienced violence from other family members. 10 The second research conducted in Kosovo qualifies as a prevalence study and is titled Security Begins at Home: Research to Inform the First National Strategy and Action Plan against Domestic Violence in Kosovo. 11 The study was published in It is a national prevalence survey on domestic violence 12, where victims were male and female 13, as well as the perpetrators, who included persons of all domestic relationship types. Respondents included persons of all ages (18 and above), and disclosed their lifetime experiences of violence. Geographically, the survey covered all 29 municipalities of Kosovo, with nearly 56% rural representation and 44% urban. 14 In addition to estimating rates of violence, the survey studied the respondents perception of domestic violence as well as consequences of violence, among other topics. The survey findings are available in English. P 142 Country Report: Violence against women and migrant and minority women

2 For all forms of domestic violence, 43% of respondents had experienced domestic violence at some point in their lives. Rates for economic violence are not included in the table below, however, 15% of respondents disclosed having experienced this form of domestic violence: 15 The rates of physical, sexual and psychological violence are listed in the table below: 16 Intimate Partner Violence* Physical Violence Sexual Violence Psychological Violence 12 Months Lifetime 12 Months Lifetime 12 Months Lifetime - 18% - 2.5% - 30% * Victims are female and male and perpetrators are female and male Data collection in prevalence survey: As related to regular data collection, a conclusion on regularity of intervals cannot be reached, although the authors of the survey findings recommend a period of five years for repeating the prevalence study for Kosovo. The data collection in the survey is not gender disaggregated, neither for victim nor the perpetrator and outside of the knowledge that violence inside domestic relationships was addressed, more detailed information on relationship between victim and perpetrator is not available. Age of victims (not perpetrators) is also provided and forms of violence including those referred to in the Convention 17 are covered. The entire region of the country was covered, including equal distribution between rural and urban areas. Lastly, the survey is publically available. Prevalence Survey Data Collection Sample size 1,256 households (one 636 women and 620 men, 18 person per household) 18 years old and older Sample scope national 29 municipalities urban and rural Data disaggregated by Age 19 Perpetrators Family members/ Intimate partners domestic relationship Availability Accessible on internet Available in English Regularly conducted - Forms of violence/abuse Physical Sexual Psychological Economic National Criminal Statistics (Police): Domestic violence in Kosovo is specified under the Law on Protection against Domestic Violence (Law No. 03/L182.) of 1 July This is a civil law. The law addresses family members as victims of domestic violence, with special attention given to children, elders and disabled persons, in addition to addressing treatment for perpetrators of domestic violence. This law is not gender specific and there are no specific laws on violence against women. 20 Furthermore, the Criminal Code of Kosovo and the Criminal Procedure Code provide articles that may be applicable to domestic violence offenses. 21 National criminal justice statistics on domestic violence are collected separately from other criminal statistics. The data collected is publically available. There were 1,042 reported cases of family violence in 2011, in comparison with 947 cases reported in The data does not provide any further information, only regarding the gender of the victim. Additional statistics on the number of domestic violence cases as recorded by Kosovo Police Service can be accessed in the research surveys conducted in Kosovo. 23 The information on cases of family violence was reported in an annual report of the Kosovo Police. The information can be accessed publically upon request and is not available on the internet. 24 In the table below, crime statistics on domestic violence from 2011 are presented: 25 P 143

3 Victims of Domestic Violence Gender of perpetrator not specified Male perpetrator Female Male Victims of Intimate Partner Violence Gender of perpetrator not specified Male perpetrator Female - - Male - - Homicides resulting from Domestic Violence Gender of perpetrator not specified Male perpetrator Female - - Male - - Homicides resulting from Intimate Partner Violence Gender of perpetrator not specified Male perpetrator Female - - Male - - Data collection in criminal statistics: National criminal statistics on domestic violence are collected on a regular basis. The information is gender disaggregated, but does not show any data on age or relationship between victim and perpetrator. The data does not include information on the number of femicides. The statistics are publically available. Criminal Statistics Data Collection Publically available Regularly collected Data disaggregated by Data on femicides Gender Age Relationship 22 Yes yes yes 28 No no no National Criminal Justice Statistics (court): National criminal justice statistics on domestic violence cases are generally not publically available in Kosovo. The following data was taken from a one-time research study on Kosovo criminal justice system s response to cases of domestic violence in 2008: 29 - Complaints of domestic violence brought to court: 2,795 (2,036 transferred from 2007, 759 added in 2008) - Complaints of domestic violence dismissed/rejected/not completed: 139 (5 pardoned, 12 refused judgment, 122 resolved through other methods) - Convictions in cases of domestic violence: 482 (52 imprisonment, 237 sentenced with fines, 182 conditional sentence, 10 other court rulings) 30 Data collection in criminal justice statistics: National criminal justice statistics on domestic violence are generally not publically available in Kosovo. 31 More specifically, data collection in Kosovo is lacking. 32 The information available is from a one-time research study on the Kosovo criminal justice system s response to cases of domestic violence. Based on this, it is not possible to determine, whether the data is regularly collected. The data available is neither gender nor age disaggregated and does not show the relationship between victim and perpetrator. P 144 Country Report: Violence against women and migrant and minority women

4 Further issues related to criminal justice: As regards criminal justice, an aspect of successfully implementing laws on domestic violence or articles in the Criminal Code involves supporting women survivors of violence during the court proceedings. According to the Kosovo Criminal Procedure Code Articles 81 and 82, victims of crime, and especially victims of acts committed in a domestic relationship have rights to a Victim s Advocate (VA). 33 The Victim s Advocate acts in the name and interest of the victim starting from the initiation of the criminal proceedings. 34 Additionally, as of 2006, there is a Legal Aid Regulation in Kosovo that establishes access to free legal aid to groups of persons, who do not have resources to access justice or are considered to belong to a vulnerable group 35. This includes those facing civil and criminal proceedings as well as those whose standing is that of a victim in civil or criminal proceedings. 36 There are reported problems with implementation of free legal aid, and some victims of domestic violence have experienced their lawyers being passive in representing the victims rights in court. 37 Another aspect of successful implementation of laws on domestic violence or articles in the Criminal Code involves holding perpetrators accountable. Based on research in the area of case monitoring, it was evident that despite legal obligation to prosecute certain acts of domestic violence, the perpetrators were never tried in court. 38 In other cases, civil remedies, such as protective order or divorce are seen by the courts as sufficient substitutes for criminal proceedings and means of resolving a case of domestic violence. 39 Additionally, some prosecutors view reconciliation as favorable to continuing with a case. This may be a result of the Family Law Article 59 on Breach of Marriage, where it is stated that institution of marriage should be preserved 40 and that in cases of marriage breaking down, the spouses must be encouraged to take steps to repair the marriage. 41 Furthermore, although the law in Kosovo obligates the courts to issue harsher penalties for crimes committed against family members, there is a reported lack of prosecutorial experience or understanding of such crimes [Furthermore, the] prosecution commonly misclassified the crimes or failed to file appropriate charges for the crimes committed, leading to lenient sentences for those crimes. 42 Lastly, according to information provided by Women s Wellness Center, the most common penalties involve the issuance of a protection order for the victim, or placing the perpetrator on a 24 hour arrest. 43 Healthcare System s Role in Combating Violence against Women and Data Collection: Data on medical interventions related to domestic violence or intimate partner violence is not collected in Kosovo s healthcare system. 44 According to the Exploratory Research Report, medical facilities do not record the number of patients who show symptoms of domestic violence. 45 According to the Women s Wellness Center, healthcare protocols for dealing with domestic violence do not exist in Kosovo, although hospitals in the country are set up to provide emergency accommodation for women survivors of domestic violence. 46 In general, health professionals in Kosovo are in need of training to help them recognize violence and to know ways to assist survivors, including by referring women to other services. 47 One topic related to the healthcare system s response to violence against women is access to health for undocumented migrant women, in the least access to essential healthcare services. Because undocumented migrant women are often afraid to report their situation to the authorities, visiting a healthcare service may be their only option to receive support as means of protection. Basic health services in Kosovo are available for free, however, access to treatment in forms of medication is not available free of charge. 48 SERVICES FOR WOMEN SURVIVORS OF VIOLENCE: 49 In Kosovo, a number of services is available to women survivors of violence and their children, however, services like women s shelters are generally underfunded and there are no strategies for financial sustainability. 50 Women s Helplines: There are two national women s helplines in Kosovo. One helpline is provided by the State and no information is available on whether it operates 24/7 or is free of charge. The second national women s helpline is operated by an NGO. The helpline number is ( ). It operates 24/7 and calls are free of charge. The helpline assists women survivors of domestic violence and provides multilingual support in Albanian and Serbian. P 145

5 National Women s Helplines Total Number Calls Free of Charge 24/7 Service Multilingual Support 2 yes (At least 1) yes (At least 1) Albanian and Serbian Based on this information, Kosovo meets the Council of Europe Taskforce Recommendations. Women s Shelters: There are eight women s shelters in Kosovo with approximately 130 shelter places. Seven of the shelters are run by NGOs and one is operated by the State. All of the shelters offer accommodation for the children of the women survivors of violence, with an age limit for boys of 12 years. Six of the shelters accommodate women survivors of domestic violence, one is specifically for children up to age 18, and one also offers accommodation for women survivors of trafficking. The shelter for children is specifically to accommodate children who cannot stay at the women s shelter with their mothers, due to age limits. The period of accommodation is usually between six to 12 months. Currently, the State is working on establishing an additional shelter for women survivors of violence. The shelters are predominantly funded by foreign donations (80 per cent), the State (15 per cent) and other (5 per cent). Women s Shelters Total Number Shelter Places Needed Shelter Places Available Shelter Places Missing Funding of Shelters Foreign (80%), State (15%), other (5%) Based on Council of Europe Taskforce Recommendations, approximately 173 shelter places are needed in Kosovo. Thus an estimated 43 shelter places are still missing. As a result, Kosovo fails to meet the Council of Europe Taskforce Recommendations Women s Centers: There are 10 women s centers that provide counseling to women survivors of violence. Additionally, all eight of the women s shelters provide non-residential counseling services. Women s Centers for Survivors of Sexual Violence: All eight of the women s shelters provide non-residential services that include counseling sessions for women survivors of rape in addition to accommodation for the women survivors of rape. Based on Council of Europe Taskforce Recommendations, approximately four women s rape crisis centers are needed in Kosovo. With eight centers available, Kosovo meets the Council of Europe Taskforce Recommendations. P 146 Country Report: Violence against women and migrant and minority women

6 Endnotes 1 Women s Wellness Center/ Safe House. (August 2012). [Data provided in WAVE Country Report 2012 Questionnaire]: Population data provided by Women s Wellness Center/Safe House. 2 Farnsworth, Nicole. (2008). Exploratory Research on the Extent of Gender-Based Violence in Kosova and its Impact on Women s Reproductive Health. [Kosova Women s Network]. Prishtina. 3 See Pg.14: The survey focuses on gender-based violence; Pg. 9: The following is the definition provided for gender based violence: any violence or harm committed against a person as a result of unequal power relations resulting from the social roles society has assigned to females and males. While boys and men can experience gender-based violence, women s inferior status in most contemporary societies has meant that girls and women experience genderbased violence more often. ; Pg. 10: research concentrated on violence against women rather than gender-based violence against men the research team initially defined gender-based violence to include murder, sexual violence, and domestic violence. Domestic violence was defined to include physical, psychological, sexual, and economic violence, as well as verbal abuse, isolation, coercion, harassment, abusing trust, threats/intimidation, emotional withholding, destruction of property, and self-destructive behavior. 4 Pg Pg Pg Pg. 11: The professionals included gynecologists at private and public clinics, counselors working at women s shelters, doctors working with shelters, among others. The women chosen for interviews had either stayed at a shelter or received psychological services at Medica Kosova. 9 Pg Pg Farnsworth, Nicole and Ariana Qosaj-Mustafa. (2008). Security Begins at Home: Research to Inform the First National Strategy and Action Plan against Domestic Violence in Kosovo. [Government of Kosovo]. Prishtina. 12 See Pg. 5: Violence types studies, including those falling under the definition of domestic violence under Kosovo s applicable law. Domestic relationship is therefore defined in broad terms to account for various types of living situations in Kosovo. The study focused on psychological, physical, sexual and economic acts of abuse that are directed towards women/children/elderly people, handicap or other members of the family by intimate partners or family members. 13 See Pg. 10: Respondents were female (50.6%) and male 49.4%. 14 Pg Pg. 29, Pg See Council of Europe. (12 April 2011). Article 3: a violence against women is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life; b domestic violence shall mean all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim. 18 The numbers are closely estimated, based on percentages of respondents by gender information provided in the survey findings (50.6% female and 49.4% male). 19 For victims only See Qosaj-Mustafa, Ariana and Nicole Farnsworth. (2009). More than Words on Paper? [United Nations Development Program]. Pg. 19: The articles of the Kosovo Criminal Code that may be applicable to the crime of domestic violence are the following: Articles 137, , , 193, , , , , See Farnsworth, Nicole and Ariana Qosaj-Mustafa. (2008). Pg. 23: This document refers to data included in Farnsworth, Nicole. (2008). Exploratory Research on the Extent of Gender-Based Violence in Kosovo and its Impact on Women s Reproductive Health. [Kosova Women s Network]. Prishtina Ibid: Because over two-thirds of the cases were against women, the number is an estimate. 27 Ibid: Because over two-thirds of the cases were against women, the number is an estimate. 28 For victims only. 29 Qosaj-Mustafa, Ariana and Nicole Farnsworth. (2009). Pg See Pg. 43: The data refers to 482 cases that were resolved with court judgments, however, the break-down of cases, lists 481 cases, not See Farnsworth, Nicole. (2008). Pg. 14: Kosova lacks adequate mechanisms for collecting and recording the extent of violence. While most institutions and organizations maintain records, their databases do not include pertinent demographic and geographic information and staff lack training in statistical analysis. 33 Qosaj-Mustafa, Ariana and Nicole Farnsworth. (2009). Pg Pg. 58: Vulnerable persons are defined as the poor, the homeless, the elderly, women, children, persons with disability and persons from non-kosovo- Albanian Communities. 36 Pg Pg Pg Pg Pg Farnsworth, Nicole. (2008). Pg Farnsworth, Nicole. (2008). Pg Women s Wellness Center / Safe House. (August 2012) Farnsworth, Nicole. (2008). Pg The State is currently in the process of establishing an additional women s shelter. P 147

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