Women's dignity is violated in the division of joint property after divorce
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2 year ago
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Since returning from Switzerland to Kosovo, the mother of two girls has been abused by her ex-husband. Luljeta Aliu's marriage lasted 16 years, while in the last six years she experienced physical violence. She publicly, as a rarity, has confessed and denounced her ex-husband for physical, economic and psychological violence exercised against her. For five years now she has been facing a difficult legal process. Luljeta Aliu from Prishtina, in 2017 has started the procedures for divorce and the equal division of property. "In my case, in addition to physical violence, there was also psychological and economic violence. Fraud for wealth, property, alienation of property, change of salary during divorce proceedings. And all these things that happen to most women in Kosovo, they all experience almost the same. There are rare cases of men who understand and are just in relation to women. Another problem is social stigma when talking about domestic violence in public. I have undertaken this to break the silence," she told KosovaPress. For all these difficulties she is going through, Aliu blames the institutions. "I currently have 15 different procedures in the courts and prosecutions. I have some other cases in the police. There are 15 different procedures for which during the five years I had to take over 100 legal actions, documents, not to mention the hearings and meetings for divorce. In 2017, I requested the division of property and a security measure was imposed on the only properties he left in his name. From 2017 until now there is no session for division of property, no session has been held. Because the courts, despite issuing the decision on the security measure for the properties, in 2020 summoned me to speak again about the security measure, in which the Kosovo Cadastral Agency itself is involved for fraud ", says Aliu. Although she still didn't get the property that belongs to her, she has continued with the commitment to amend the Law on Family, where she has managed to make changes to some articles where women were legally discriminated in Kosovo. After the realization of this legal change in 2018, she established the organization Initiative for Justice and Equality - Inject. The Ombudsperson receives many complaints from women who face injustice in achieving their rights. The Ombudsperson, Naim Çelaj emphasizes for KosovaPress that what is defined by law and the rights guaranteed by both parties, are not always easy to achieve. “The most complicated cases are those when the property is registered in the name of third parties, which in this case makes the procedure extremely difficult and the possibility for the spouse to realize his / her right according to the law. The issue of informality is a problem in Kosovo, given the fact that a large number of families for years have continued not to complete the inheritance procedures and the transfer of property to whom it belongs, in this case to the legal holder. who enjoys that property right. In large families, the properties are usually registered in the name of a person, then family divisions are made and the properties are divided, but in the cadastral registers it has remained registered again in the name of the person who has been registered", he says. In these lengthy procedures, Erza Kurti from the Kosovo Women's Network says that women are harmed the most. "It is a procedure that takes a long time and at the moment when there is psychological pressure from the ex-husband, there are cases when they give up. However, there are cases when they give up because it lasts for years. It is very difficult, and the women bear the consequences. The importance of gaining a share of the wealth is very great, because often they hesitate, they do not have a place to live and take custody of the children. This pushes them not to get separated if they have problems", she says for KosovaPress. The law obliges women to be recognized for their contributions, regardless of the income they bring home, but such a thing almost never happens. "It does not matter who brought more or less income, the important thing is that they both worked. There was a rule where the courts decided on the basis of the assessment of experts, who then in their opinions concluded based on the income that each spouse had and the work done, determined the value of the contribution.  These cases have also violated the dignity of women. "I know a concrete case where for over 42 years of marriage, the expert came up with a value of five thousand euros", he says. However, the Ombudsperson expects that with the amendments to the Criminal Code, the dignity of women will not be violated when the division of property takes place. The Kosovo Law Institute monitors court proceedings, in principle those of family cases, but which are rarely open. Researcher Arrita Rezniqi says that these cases are delayed and women are forced to leave their homes, despite the contribution they have made. "During a year we treat dozens of cases of this nature. In fact, we are constantly trying to make calls, through various calls that we publish, and to inform all those people who may need the benefit of free legal aid, to come to us. In fact, we consider that there is a need to work on raising the awareness of all these persons, especially in this case women, on the ways to benefit from free legal aid ", she said. From the Basic Court in Prishtina, say that by the end of 2019, 345 divorce cases remained unresolved. Also, in the response of this institution for 2021, it is stated that due to the interruption of manual processing of statistical data they cannot provide data. The head of the Council for the Protection of Human Rights and Freedoms, Behgjet Shala says that some women still have a traditional approach, who do not want to take the wealth of either the family or the husband. "Women must insist on exercising this right. Now why there are obstacles, there are no obstacles why someone does not want to enforce the law, but the procedures are long, and there is a possibility especially in civil disputes that these processes take a long time. And this is the impossibility when the woman gets tired because she is denied a lawsuit and gives up. Otherwise, in terms of legal infrastructure, this is very clear and there is no dilemma that the rights of women and men for the division of property are divided 50 by 50", he said. There are many cases in Kosovo when property cannot be divided. In all these cases, the law allows for monetary compensation based on expert assessment. Here, too, barriers arise, since when the property is registered in the name of a third person, the realization of the goal is difficult. The Ombudsperson institution has recommended that institutions eliminate informality in property registration.
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