Constitutional safeguards and EU aspirations: addressing gender-based violence in North Macedonia

As North Macedonia moves forward on its path toward European Union accession, the
imperative to harmonize its constitutional and legal framework with EU fundamental
rights and values has gained renewed importance. Among the most pressing human rights
challenges facing the country is gender-based violence (GBV), which continues to
disproportionately affect women and girls, despite ongoing legislative reforms and
international commitments. This presentation examines the constitutional aspects of GBV
in North Macedonia, evaluating the effectiveness of the country’s supreme legal
framework in addressing the issue and its alignment with the broader normative
framework of the European Union.
The Constitution of the Republic of North Macedonia incorporates the principles of
equality, human dignity, and the right to life and security. However, in practice, the
protection afforded to victims of GBV remains inconsistent and often inadequate. High
levels of underreporting, lack of specialized support services, insufficient training among
law enforcement and judiciary actors, and cultural stigmas all contribute to a persistent
gap between constitutional guarantees and the lived reality of women facing violence.
This presentation analyses the interplay between constitutional provisions and the State’s
obligations under international and regional human rights instruments, with particular
emphasis on the Istanbul Convention, the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the EU Charter of Fundamental Rights and
the EU Gender Equality Strategy 2020–2025. The focus is placed on whether
constitutional norms are sufficiently actionable to ensure prevention, protection, and
prosecution in cases of GBV, and how EU integration serves as a framework for reform.
Further attention is given to the institutional and legal reforms undertaken by North
Macedonia in recent years, including amendments to legislation and their constitutional
implications. The presentation argues that addressing gender-based violence through a
constitutional lens is not only a legal necessity for harmonization with EU standards but
also a vital step toward building a more just, equal, and democratic society.
In conclusion, the paper underscores the need for a more proactive constitutional
commitment to combating GBV – one that goes beyond symbolic guarantees to ensure real, enforceable rights for women. As North Macedonia aspires to join the European
Union, the constitutional entrenchment of gender equality and the protection of women
from violence must be seen not merely as accession criteria, but as a foundational
expression of European values and democratic resilience.