Current best practices

• Author: Maja Kostić-Mandić
• Pages: 94-95

94

10 CURRENT 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 o f one case,157 on the Protector’s recommendation, the ab ility of persons with

visual impairment to exercise their rights in the area of supply of goods and services has

been improved by amen dments to t he relevant ordinance. In another group of cases,158

the Protector addressed discrimination against national minorities in relation t o 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 ca ses 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 th e adoption of new strategies or action plans and the imp lementation of existing

documents.

In 2019, the Minority Policy Strategy 2019-2023 was 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 Freedoms160 and the

improvement of the living conditions of minorities. In addition, the strategy, foll owing the

defined goals and measures set out in the Mid-term Programme of Work of the Government

of Monten egro 2018-2020, envisages measures which will, when implemented, improve

the representation of per sons 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 r espondent to take into account the

representation of minorities in various services (police, local administration) in th e

implementation of strategic documents.

The Minority Policy Strat egy 2019-2023 is fully in compliance with the Strategy for Social

Inclusion of Roma and Egyptians in Montenegro 2016–2020. One of the g oals 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.