THE FAMILY LAW OF THE REPUBLIC OF NORTH MACEDONIA THROUGH THE PRISM OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
Date Issued
2020
Abstract
Family law and human rights intersect in the field of rights related to couples, relationships
between children and their parents and other relatives and children’s rights. The text analyzes the
provisions of the national family law regarding parental responsibilities and children’s rights as
well as their application in relation to the ECHR and the case-law of the ECtHR in order to
demonstrate how necessary is to reform them better sooner than later. After several lost cases in
front of the ECtHR (for instance, Oluri v. North Macedonia and Mitovi v. FYRM), as well as the
possibility of others to be lost in the future, the national state authorities should manifest real
intentions and plan to avoid further infringements of the Convention. Namely, the Family Act
dates from 1992, was amended and changed many times but never harmonized as a whole and
therefore represents a clash between old and new principles. The State should pay more attention
to diagnosing national legal inconsistencies with internationally ratified documents and the
ECtHR’s case-law in order to be able to avoid further infringements. Even though there are
official demands for changes regarding some aspects of the Family Act from legal professionals,
non-governmental organizations and citizens initiatives (for instance – regarding the right to
know child’s origin, shared parental responsibilities, registered partnerships in the light of the
right to private and family life), national authorities remain continually unresponsive and place
the family law reforms in the waiting room.
between children and their parents and other relatives and children’s rights. The text analyzes the
provisions of the national family law regarding parental responsibilities and children’s rights as
well as their application in relation to the ECHR and the case-law of the ECtHR in order to
demonstrate how necessary is to reform them better sooner than later. After several lost cases in
front of the ECtHR (for instance, Oluri v. North Macedonia and Mitovi v. FYRM), as well as the
possibility of others to be lost in the future, the national state authorities should manifest real
intentions and plan to avoid further infringements of the Convention. Namely, the Family Act
dates from 1992, was amended and changed many times but never harmonized as a whole and
therefore represents a clash between old and new principles. The State should pay more attention
to diagnosing national legal inconsistencies with internationally ratified documents and the
ECtHR’s case-law in order to be able to avoid further infringements. Even though there are
official demands for changes regarding some aspects of the Family Act from legal professionals,
non-governmental organizations and citizens initiatives (for instance – regarding the right to
know child’s origin, shared parental responsibilities, registered partnerships in the light of the
right to private and family life), national authorities remain continually unresponsive and place
the family law reforms in the waiting room.
Subjects
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