Current best practices

• Author: Kostic-Mandic, Maja
• Pages: 90-91

90

10 CURRENT BEST PRACTICES

The government has developed a range of strategies and policies promoting social

inclusion and equality, including the Strateg y for the Integration of Persons with

Disabilities (2016–2020), the Strategy for Improving the Position of Roma and Egyptians

in Montenegro (2016-2020), and the Strategy for Improving Quality of Life for LGBT

Persons (2013-2018).

The Strategy for the Integration of Persons with Disabilities contains a wide range of

interventions to promote the social inclusion of this highly disadvantaged group.

Developed as the result of a partnership between government institutions and the NGO

sector, the Strategy covers the areas of healthcare, social security and pensions and

disability insurance, education, professional traini ng and employment, accessibility,

culture, sport and recreation, as well as the position of disabilit y organisations within civil

society. Action plans for the implementation of t he Strategy are adopted every two years

and a Working Group, comprising representatives from all relevant ministries, state

institutions and national disability rights NGOs, has been tasked with monitoring the

implementation.

An alternative report on progress of the Action Plan for the implementation of the

Strategy for the Protection of Persons with Disabilities from Discrimination and the

Promotion of Equality for the period 2017/2018137 notes that, of a total of 38 measures in

the Action Plan, nine measures had been implemented, 18 had not been implemented

and 11 measures had been partially implemented. In addition, this analysis found that

the measures are planned to be implemented through 63 activities, 15 of which had been

implemented, while 28 had not been implemented and 20 had been partially

implemented. The Government’s report on the implementation of this Acti on Plan showed

a higher level of implementation of measures and activities than that registered in the

alternative report prepared by a group of disability ri ghts NGOs.

The main intention behind the adoption of the Law on the Prohibition of Discrimin ation of

Persons with Disabilities was to make this law comply wi th the UN Convention on the

Rights of Persons with Di sabilities. Article 22 of the law prescribes that, ‘failing to take

and failing to implement measures for adapting the workplace and working conditions in

accordance with special regulations, in accordance with the laws regulating the area of

labour and the area of professional rehabilitation and employment of persons wi th

disabilities’ represents an act of discrimination against those people. However, according

to the UNCRPD, ‘

reason able accom modati on means necessa ry and appropriat e

modifi cation and adjustments not imposin g a disproporti onate or undue burde n,

where needed in a par ticula r cas e, to ensure to person s wit h disa bilit ies th e

enjoym ent or e xercis e on an eq ual bas is with others o f all hu man righ ts and

fundam ental f reedo ms’, and thi s duty appli es to m any other field s beyon d

employ ment. In sp ite of this, th e L PDPD did no t e xtend the r easona ble

accom modati on dut y to ar eas b eyond employ ment.

Penalties for failure by employers to implement measures and provide workplace

adaptations for people with disabilities have not been provided for by t his Law.

Professional rehabilitation and employment of peopl e with disa bilities is regul ated by th e

Law on Professional Re habilitation and Employment o f Persons with Disabilities. This Act

regulates the procedures for people with disabilities to exercise their rights in this

respect, measures and incentives for their employment, financing and other related

issues of importance.

137 The alternative report is available here: http://umhcg.com/wp-content/uploads/2018/06/Izvjestaj-MNE.pdf.