The Helsinki Committee for Human Rights of the Republic of Macedonia today submitted to the Constitutional Court an Initiative for Initiating Proceedings for Evaluation of the Constitutionality of a Provision from the Family Law. Article 94-b paragraph 3 is being disputed in which it is stated that “Close personal relations in this law are defined as personal relations between persons of different sex which are or were partners and do not live in an extramarital community.”
The Law clearly defines the legal institutions– marriage and extramarital community as communities of life between a man and a woman, whose members along with the members of the family are especially protected through provisions in the Law which refer to family violence. In Article 94-b of the Law, the legislator included the close personal relations as a basis according to which the persons which are in such relations may enjoy the legal protection from family violence. For all listed persons, the protection is provided through a special treatment which arises from the Law and the Criminal Code.
The disputed Paragraph 3 from Article 94-b defines close personal relations as personal relations between persons of different sex, which are or were in partner relations and do not live in an extramarital community. However, the Law closely defines the category close personal relations, which represents a broader category than marriage, family and extramarital community because it includes a greater number of persons who are or were in partner relations with other persons and did not live in an extramarital community and the same can be victims of family violence. With this narrow and limited definition of the close personal relations as personal relations between persons of different sex, the legislator directly discriminated against the rest of the persons which have personal relations with persons of the same sex and the same can be included in the category close personal relations, which is protected by Law.
You can download the Initiative at the following link