Current best practices
Author | Maja Kostić-Mandić |
Pages | 94-95 |
94
10CURRENT BEST PRACTICES
The year 2019 witnessed significant improvements in the field of non-discrimination,
especially regarding the practice of the Protector and public awareness. During the
reporting period, a number of complaints about discrimination on the basis of disability in
the area of work and employment were filed (there were five complaints, and in three
cases a violation of rights was found and recommendations were made).156 Furthermore,
as a result of one case,157on the Protector’s recommendation, the ability of persons with
visual impairment to exercise their rights in the area of supply of goods and services has
been improved by amendments to the relevant ordinance. In another group of cases,158
the Protector addressed discrimination against national minorities in relation to labour,
while in one case159 age discrimination in the area of labour was established.
The reasoning of the Protector in these and other relevant cases often relies, inter alia, on
directives (but not on CJEU case law) and also has educative value in that it explains in
more detail issues which are rather new in Montenegrin legal practice, such as the rule on
shifting the burden of proof and the use of statistics.
The mere fact that the recommendations are published on the Protector’s website and the
findings of landmark cases are published in the media has in itself led to an increase in
public awareness and a growing trend in the number of complaints filed with the same, or
a similar, factual and legal background.
The second area of best practice includes important positive action measures resulting
from the adoptionof new strategies or action plans and the implementation of existing
documents.
In 2019, the Minority Policy Strategy 2019-2023was adopted, replacing the 2008 strategy,
which had applied for a period of 10 years. The new strategy defines the measures and
activities for the implementation of the Law on Minority Rights and Freedoms160and the
improvement of the living conditions of minorities. In addition, the strategy, following the
defined goals and measures set out in the Mid-term Programmeof Work of the Government
of Montenegro 2018-2020, envisages measures which will, when implemented, improve
the representation of persons belonging to minorities in state and local self-government
bodies. It is also important to bear in mind the recent cases161 brought before the Protector,
in which recommendations were made to the respondent to take into account the
representation of minorities in various services (police, local administration) in the
implementation of strategic documents.
The Minority Policy Strategy 2019-2023 is fully in compliance with the Strategy for Social
Inclusion of Roma and Egyptians in Montenegro 2016–2020. One of the goals of the
156 Protector of Human Rights and Freedoms, Opinion No. 692/18 of 19 July 2019, available at:
http://www.ombudsman.co.me/docs/1564563125_19072019-preporuka-tv.pdf; Opinion No. 01-256/19-2 of
5 June 2019, available at: http://www.ombudsman.co.me/docs/1562758329_05062019-preporuka-bp.pdf;
Opinion No. 01-458/19-2 of 23 September 2019, available at:
http://www.ombudsman.co.me/docs/1570088670_23092019-prpeoruka-og.pdf.
157 Protector of Human Rights and Freedoms, Opinion No. 01-801/18-3 of 31 December 2018, available at:
http://www.ombudsman.co.me/docs/1552552767_31122018-preporuka-me.pdf.
158 Protector of Human Rights and Freedoms, Opinion No. 01-339/19-2 of 28 June 2019, available at
http://www.ombudsman.co.me/docs/1562758608_28062019-preporuka-pl.pdf; Opinion No. 01-248/19-4 of
23 September 2019, available at: http://www.ombudsman.co.me/docs/1570088970_23092019-preporuka-
cbbp.pdf.
159 Protector of Human Rights and Freedoms, Opinion No. 263/19 of 16 September 2019, available at:
http://www.ombudsman.co.me/docs/1572434114_16092019-preporuka-ma.pdf.
160 Law on Minority Rights and Freedoms, Official Gazette of Montenegro, Nos. 31/06, 51/06 and 38/07, 02/11,
08/11 and 31/2017.
161 Protector of Human Rights and Freedoms, Opinion No. 01-339/19-2 of 28 June 2019, available at:
http://www.ombudsman.co.me/docs/1562758608_28062019-preporuka-pl.pdf; Opinion No. 01-248/19-4 of
23 September 2019, available at: http://www.ombudsman.co.me/docs/1570088970_23092019-preporuka-
cbbp.pdf.
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