Acta Universitatis Danubius. Juridica, Vol 15, No 1 (2019)

Abstract

Violence has become an occurrence which is spreading all over the world, where not only the poor countries has not been immune to it, but neither the most developed countries has prevented it. Kosovo, has been faced too with this epidemic issue to come to the conclusion that gender-based violence exists in Kosovo. Therefore, this paper will specifically focus on gender based violence as an aggravating circumstance which  has increased apparently during 2015-2018, in Kosovo. The methods which were applied in this paper are; observation, case study, interview, comparative method, quantative research such as published statistical data and data analyse. The outcome shows that mostly woman and LGBTI+ community have been target of the gender-based violence. The fact that social norms and Albanian common law, still apply in daily basis, makes it more challenging the rule of law, therefore this is the main area where de facto with de jure clash. This by all means, must make justice system more cautious and determined to fight and prevent gender-based violence, and not allow their personal perception interfere in their objectivity. The discrepancy between legal framework and judicial practice must balance itself by justice authorities, which must confront properly this criminal offense.