Discrimination within the new Draft Law to amend and supplement the Law on the Family
17/08/2007
Submitted by
PR Department of MASSO
The Macedonian Association for Free Sexual Orientation reacted to certain subsections of the new draft law to amend and supplement the Law on the Family, which were detected as undeniable indicators of the discriminatory attitude towards a differing sexual orientation and sexual identity. MASSO’s remarks are directed to article 6 of the new draft law, i.e. the amendments to article 94-6, paragraph 2.
The definition given in the draft law, involving domestic violence fully de-realizes and excludes non-heterosexual individuals as potential victims of domestic violence by the act of remaining silent (denying) the reality of same-sex intimate relations.
“This law hereby understands intimate relations as intimate relations between individuals of the opposite sex who are or have been in a partnership, and do not live out of wedlock.”
Thus with the new legal amendments, non-heterosexual are not only denied the right to form the union of marriage, or live out of wedlock, as is afforded to heterosexuals.
Family law in Macedonia is led by the traditional ideas of marriage and family. Thus, article 6 states that marriage is the union between a man and a woman regulated by law, and that the man and the woman regulate their relationship and their decisions on the basis of equality, mutual respect and assistance. Also, article 17 states that marriage may be concluded between two persons of the opposite sex. Other provisions, considered to be relevant in the regulation of the abovementioned act use the same language – i.e. presupposing that the legal union is between a man and a woman and does not afford the same to same-sex partners, thus rendering the rights which stem from civil unions inaccessible to same-sex couples.
The corollary of such legal provisions is the fact that non-heterosexuals who live in “illegal” unions or are in a partnership may not enjoy protection from “domestic violence”, which is not the case with heterosexuals.
It is worrisome that the state through such discriminatory provisions, once again confirms the disregard and selective approach towards its citizens, i.e. the principle which considers a select group of citizens to be worthy to be protected by the legal mechanisms of the state, while another group is not.
MASSO, reacting to the latest legal amendments, worriedly wonders how long we will bear witness to the systematic exclusion of certain lives. Is the ignoring of certain sufferings, loves and lives the same as the ignoring of the victims of the same violence? By de-realizing a particular group of citizens are we negating and neglecting the violence to which this group is being subjected or to which they would be subjected in the future?
Each citizen develops their own self-respect and security in as much as the state offers and procures the proper mechanisms of protection in the same fashion as it does to other fellow citizens. The building of a pluralistic and democratic society does not allow for the discrimination of a single mechanism. Due to this, MASSO strictly insists on the changing of the draft law and the drafting of new paragraphs and provisions which secure protection from any type of violence, social exclusion and discrimination on the basis of sexual orientation.
The definition given in the draft law, involving domestic violence fully de-realizes and excludes non-heterosexual individuals as potential victims of domestic violence by the act of remaining silent (denying) the reality of same-sex intimate relations.
“This law hereby understands intimate relations as intimate relations between individuals of the opposite sex who are or have been in a partnership, and do not live out of wedlock.”
Thus with the new legal amendments, non-heterosexual are not only denied the right to form the union of marriage, or live out of wedlock, as is afforded to heterosexuals.
Family law in Macedonia is led by the traditional ideas of marriage and family. Thus, article 6 states that marriage is the union between a man and a woman regulated by law, and that the man and the woman regulate their relationship and their decisions on the basis of equality, mutual respect and assistance. Also, article 17 states that marriage may be concluded between two persons of the opposite sex. Other provisions, considered to be relevant in the regulation of the abovementioned act use the same language – i.e. presupposing that the legal union is between a man and a woman and does not afford the same to same-sex partners, thus rendering the rights which stem from civil unions inaccessible to same-sex couples.
The corollary of such legal provisions is the fact that non-heterosexuals who live in “illegal” unions or are in a partnership may not enjoy protection from “domestic violence”, which is not the case with heterosexuals.
It is worrisome that the state through such discriminatory provisions, once again confirms the disregard and selective approach towards its citizens, i.e. the principle which considers a select group of citizens to be worthy to be protected by the legal mechanisms of the state, while another group is not.
MASSO, reacting to the latest legal amendments, worriedly wonders how long we will bear witness to the systematic exclusion of certain lives. Is the ignoring of certain sufferings, loves and lives the same as the ignoring of the victims of the same violence? By de-realizing a particular group of citizens are we negating and neglecting the violence to which this group is being subjected or to which they would be subjected in the future?
Each citizen develops their own self-respect and security in as much as the state offers and procures the proper mechanisms of protection in the same fashion as it does to other fellow citizens. The building of a pluralistic and democratic society does not allow for the discrimination of a single mechanism. Due to this, MASSO strictly insists on the changing of the draft law and the drafting of new paragraphs and provisions which secure protection from any type of violence, social exclusion and discrimination on the basis of sexual orientation.
