IDEOLOŠKE OSNOVE ULOGE PORODICE U BOSANSKOHERCEGOVAČKOM DRUŠTVU I ZAKONSKA REGULATIVA NASILJA U PORODICI
IDEOLOGICAL FOUNDATIONS OF THE ROLE OF FAMILY IN THE BOSNIA AND HERZEGOVINA’S SOCIETY AND DOMESTIC VIOLENCE LAW

Summary/Abstract: The legal system of domestic violence, one of the most difficult issues that Bosnia and Herzegovina is also facing, depends primarily on political structures, which are mainly influenced by ideological postulates as well, which shape the relation of society toward the role of family. In the first part of the paper, the impact of liberalism, nationalism and religious fundamentalism as dominant ideologies in the functioning of Bosnia and Herzegovina as a post-conflict society and a multiethnic religious community is researched. The liberal matrix brought the strengthening of human rights and freedoms, revived feminism (especially fighting violence against women), through insisting on EU accession, the political government is bound to bring certain laws, but in line with its goals and character, liberalism weakens the central role of family in society. Nationalism stimulates the strengthening of the role of family because it is the foundation of a nation, mainly a traditional family where domestic violence is withheld and explained as a private matter. Religious fundamentalism emphasizes the traditional role of family as the pillar of society, too, but a closed, religious family where a woman is usually given a subordinate, deprived role. One of the most common prejudices is that the family as a nucleus of society is the safest place, and that as such it should be preserved at all costs. Therefore, the aim of the second part of the paper is to provide a clear analysis of a criminal act of domestic violence, indicating the necessary changes in laws at different levels of government. According to research, the most common victims of violence in Bosnia and Herzegovina are women. Accordingly, a special review is given of the violence against women, where through the prism of jurisprudence, it gives a critical review of the forms of enforcement action, with the aim of preventing and proving this criminal act.

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