Compliance and enforcement aspects (horizontal provisions of all directives)

• Author: Vesna Simovic-Zvicer
• Pages: 77-83

77

11Compliance and enforcement aspects (horizontal provisions of all

directives)

11.1General (legal) context

11.1.1Surveys and reports about the particular difficulties related to obtaining legal

redress

There are no surveys available.

11.1.2Other issues related to the pursuit of a discrimination claim

The Montenegrin environment is predominantly patriarchal, with a culture that highly

values domination and power. Stereotypes of gender roles, the patriarchal model of gender

relations, economic and social crisis and poverty create a favourable climate for domestic

violence against women and children. Women usually do not talk about violence and

endure it because of caring for children, lack of awareness of their rights and protection

possibilities, the isolation and control mechanisms that the perpetrator subjects them to,

feelings of guilt imposed by the patriarchal environment, material dependence, feelings of

shame, lack of self-confidence, lack of support and similar reasons. Myths and beliefs that

are present in Montenegrin society contribute to minimising the problem of domestic

violence. This climate also impedes the enforcement of sex discrimination claims.

11.1.3Political and societal debate and pending legislative proposals

There is no relevant debate.

11.2Victimisation

The provisions on victimisation have been implemented in Montenegrin legislation.

Although the term ‘victimisation’ is not used either in the LPD or in the LGE, both legal

acts contain the relevant provision.

Article 4 of the LPD reads:

‘No person may suffer detrimental consequences as a result of reporting cases of

discrimination, testifying before the competent authorities or offering evidence in the

proceedings in an examined case of discrimination.

Those persons are protected from any detrimental treatment or consequences as a

reaction to a complaint or proceedings conducted because of a violation of the

principle of non-discrimination.’

Article 6 of the LGE states:

‘No person may suffer detrimental consequences as a result of filing a complaint of

discrimination or providing testimony thereof, alerting the public to discrimination

based on sex or providing any other form of support to the proceedings conducted

on discrimination on that basis.’

So far, those provisions have not been interpreted in any relevant case law. Unfortunately,

there are many law enforcement officers who are ignorant of the notion of victimisation.90

90 Research interviews undertaken in the first three months of 2016 by the author of this report.