Gender-Based Digital Violence. International Legal Framework and Country Case Studies: Albania, Montenegro and Serbia

Abstract

Gender-Based Digital Violence – International Legal Framework and Country Case Studies: Albania, Montenegro and Serbia brings together researchers from Albania, Montenegro, Serbia and Croatia to examine one of the most pressing and under-addressed forms of violence against women and girls in the region. The study combines an analysis of the international legal framework with three in-depth country case studies, focusing on domestic legislation, monitoring reports and national policies, and the perspectives of experts working directly with victims.

Professor Maja Munivrana (University of Zagreb) opens the publication with an overview of the international legal framework addressing gender-based digital violence (GBDV), presenting how it is understood and defined across international instruments and mapping the relevant norms — from the United Nations and the Council of Europe to the European Union. Three country studies follow, each combining desk research on the domestic legal framework with structured interviews with judges, prosecutors, police officers, civil society representatives and lawyers.

ERMA Alumna Desara Dushi, PhD examines the legal framework in Albania, highlighting the absence of specific provisions criminalising GBDV and the resulting reliance on general offences such as sexual harassment and stalking. Marija Šćekić analyses Montenegro's 2023 amendments to the Criminal Code, which introduced new offences on sexual harassment and non-consensual sharing of intimate content, while identifying persistent gaps in implementation and sanctioning practice. ERMA Alumna Anja Vučinić explores the situation in Serbia, where forms of GBDV such as revenge pornography and deepfakes remain unrecognised as distinct criminal offences, leaving victims dependent on the extensive interpretation of existing laws.

The shared finding across all three countries is a significant gap between the growing prevalence of digital violence and the legal and institutional responses available to victims — from outdated or gender-neutral legislation, to lenient sanctions, to a lack of gender-sensitive training among police, prosecutors and judges. The study concludes with recommendations for legal reform, ex officio prosecution, victim support and cultural change, intended to inform policymakers and practitioners working to combat gender-based violence in the Western Balkans and beyond.