General legal framework

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

12

2General legal framework

2.1Constitution

2.1.1Constitutional ban on sex discrimination

The Constitution of Montenegro27 from 25 October 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.

2.1.2Other constitutional protection of equality between men and women

Article 18 of the Constitution guarantees gender equality, stipulating 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 nature or personal feature

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

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

The Constitution has not been drafted using gender-sensitive language.

2.2Equal treatment legislation

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

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

Persons with Disabilities, which prohibits discrimination based on disability and promotes

equality between disabled people and others.28

Article 2(2) of the LPD coversthe 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,29health conditions,

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

assumption of such belonging, belonging to a political party 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 ofMontenegro,

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).