General legal framework

• Author: Vesna Simovic-Zvicer
• Pages: 12-12

12

2 General legal framework

2.1 Constitution

2.1.1 Constitutional ban on sex discrimination

The Constitution of Mon tenegro27 from 25 O ctober 2007 refers in its preamble to respect

for human rights and freedoms, as well as the equality of all citizens. Article 8(1) contains

the general anti-discrimination clause prohibiting direct or indirect discrimination on any

grounds.

2.1.2 Other constitutional protection of equality between men an d women

Article 18 of the Constituti on guarantees gender equality, stipulat ing that ‘the State shall

guarantee the equality of women and men and develop the policy of equal opportunities.’

In addition, Article 71 of the Constitution guarantees that a marriage can only be concluded

with the free consent of a woman and a man, and that marriage is established with equality

between the spouses. Implicitly, without mentioning the gender aspect, the Constitution

guarantees equality before the law regardless of any specific natu re or personal f eature

(Article 17(2)), states that everyone has the right t o the equal protection of their rights

and freedoms (Article 19), and that the right to vote is equal (Arti cle 45).

The Constitution has not been drafted using gender-sensitive langu age.

2.2 Equal treatment legislation

Montenegro has the general anti-discrimination law (the LPD) and a specific law on gender

equality (the LGE). Ther e is also the Law on the Prohibition of Discrimination against

Persons with Disabilities, which prohibits discrimination based on disability and pr omotes

equality between disabled people and others.28

Article 2(2) of the LPD covers the following discrimination grounds: race, skin colour,

national affiliation, social or ethnic origin, links with a minority people or minority national

community, language, religion or belief, political or other opinion, sex, sex change, gender

identity, sexual orientation and/or intersexual characteristics,29 health conditions,

disability, age, finan cial status, marital or family status, belonging to a group or the

assumption of such belonging, belonging to a political part y or another organisation, as

well as other personal characteristics.

27 Constitution of Montenegro, Official Gazette, No. 01/2007.

28 Law on the Prohibition of Discrimination against Persons with Disabilities, Official Gazette of Montenegro,

No. 44/2015.

29 Intersexual characteristics are defined as physical features (which may be chromosomal, hormonal and/or

anatomic), which do not correspond to the strict medical definitions of a man or woman and may be

present in varying degrees (see: Article 19, Paragraph 6 of Law on the Prohibition of Discrimination).