SUPPORT TO WITNESSES, VICTIMS OF CRIMINAL OFFENSES OF FAMILY VIOLENCE, WHO ARE MINORS IN THE PROSECUTOR’S OFFICES AND COURTS IN BOSNIA AND HERZEGOVINA

Abstract

In accordance with international standards, Countries are responsible for preventing, investigating and criminally prosecuting all forms of human rights violations. This obligation also applies to domestic violence because it also violates basic human rights. Domestic violence is not only a widespread social problem that harms individuals, families and society as a whole but also a criminal offence. As such, it requires not only decisive social condemnation and prevention activities, but also unrelenting social disapproval and an equally strong response from the judicial system. Domestic violence also includes violence against children and minors that is often unjustifiably and tacitly tolerated as one of the traditional educational methods. Although witnesses have a legal and civil duty to testify in criminal proceedings, these proceedings must be organized in such a way as to avoid unjustified violation of the rights of victims and witnesses, especially when it comes to minors. A minor, and especially a child who is a witness in court proceedings, is a sensitive witness, and that sensitivity refers to children's vulnerability due to cognitive, emotional and social immaturity, which makes their psychological capacities frail to external influences.

Establishing support services for witnesses, primarily victims of criminal offences, is a key instrument for achieving justice for victims and enabling victims to demand the exercise of their rights. The provision of professional services by witness support services, in addition to psychological support and assistance also prevents the possibility of secondary victimization of victims in criminal proceedings. This paper will deal with the types of support for witnesses, victims of the criminal offence of domestic violence who are minors in prosecutor's offices and courts in Bosnia and Herzegovina.