Bodies for the promotion of equal treatment (Article 13 Directive 2000/43)

• Author: Kostic-Mandic, Maja
• Pages: 77-84

77

7 BODIES FOR THE PROMO TION OF EQUAL TREATMENT (Article 13 Directive

2000/43)

a) Body/bodies desi gnated for the prom otion of equal treatment irrespective of

racial/ethnic origin according to Article 13 of the Racial Equality Directive

In Montenegro there are several bodies for the promotion of equal treatm ent, the

Protector of Human Rig hts and Freedoms being the most important. The Protector is an

independent institution which was set u p on the basis of the Law on the Protector of

Human Rights and Freedoms in 2003. Its position was further enhan ced with the 2007

enactment of the new Montenegrin Constitution, the first to mention this institution and

task it with taking measures for the protection of human rights and freedo ms. Under

Article 27, paragraph 1, the law establishes the Protector as an institutional mechanism

for protection ag ainst discrimination. Through the amendment of this law,118 the concept

of discrimination was extended and specific form s of discrimination, such as

discrimination based on sexual orientation and / or intersex characteristics and hate

speech, as well as the Institute of Racial Discrimination,119 were enshrined in law.

Through the Law on the Prohibition of Discrimination the Protector has competence,

among other duties, to undertake activities for the promotion of eq uality.

The Protector, within its mandate, promotes equality and diversity and contributes to

preventing discrimination, i n pa rticular by providing traini ng, in formation, advice,

guidance and support to duty bearers with obligations under the equality Directives,

institutions and individuals. The Protector also raises awareness among the general

public, both of its role and of the content of the existing anti-discrimination regulations

and of how to seek redress. In this sense, the Protector has a regular dialogue with

public authorities, communicates with groups and stak eholders wh o experience

discrimination and promotes good practice and positive actions. 120

Another b ody for the promotion of equal treatment is the Fund for Professional

Rehabilitation and Employment of Persons with Disabilities. The role of this governmental

body is to allocate financial resources to foster employment policy programmes for

participation by people with disabilities. In order to monitor the i mplementation of

measures and activities to improve vocational rehabilitation and employment of people

with disabilities, as well as the designated u se of fi nancial resources from the Fund, th e

Employment Agency formed the Council of the Fund for the Profession Rehabilitation and

Employment of Persons with Disabilities.121

National councils are equality bodies aimed at preserving national identity and improving

the rights and freedoms of minority nations and other minority national communities.

National councils represent and act on behalf of minority nations and other minority

national communities; submi t proposals for the promotion and development of the rights

of minority nations and other minority national communities and their members; submit

initiatives to the President of Montenegro to refuse to promul gate laws which violate the

rights of minority nations and other minority national communities and their members;

participate in the planning and establishment of educational institutions; provide an

opinion on the subject curricula which reflect specifici ties of minority nations a nd other

minority national communities; propose th e enrolment of a certain number of stud ents at

higher education institutions in Montenegro; launch initiatives for the amendment of

118 Montenegro, Law on the Protector of Human Rights and Freedoms (Zakon o Zastitniku/ci ljudskih prava i

sloboda), Official Gazette of Montenegro, nos. 41/03, 42/11 and 32/14.

119 Montenegro, Law on the Protector of Human Rights and Freedoms (Zakon o Zastitniku/ci ljudskih prava i

sloboda), Official Gazette of Montenegro, nos. 41/03, 42/11 and 32/14, Article 17.

120 An advisory Council on the Prohibition of Discrimination existed between 2011 and 2016, with the task to

promote and conduct anti-discrimination activities at national level. This non-equality body mainly focused

on monitoring implementation of legislation on anti-discrimination and monitoring the spending of the Fund

for Professional Rehabilitation and Employment of Persons with Disabilities.

121 See above, in section on Positive Action.