Implementation of central concepts

• Author: Vesna Simovic-Zvicer
• Pages: 13-28

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3 Implementation of central concepts

3.1 General (legal) context

3.1.1 Surveys on the definition, implementation and limit s of central concepts of gender

equality law

In Montenegro, several reports have been published in recent years, covering issues of

discrimination, including gender equality. Of special significance is the NGO Report on the

implementation of the Council of Europe Convention on preventing and combating violence

against women an d domestic viol ence in Mont enegro, which was produced with financial

assistance from the European Union through the project ‘Ending Violence against Women

in the Western Balkans and Turkey: Implementing Norms, Changing Minds’, implemented

by UN Women and UNDP Mont enegro. This rep ort states that Montenegro does not have

any court case law on gender discrimination and that the number of complaints concerning

gender discrimination submitted to the Protector of Human Rights remains extremely low.

It implies that there is a lack of awareness of gender equality, lack of pub lic information

about protection mechanisms as well as a low level of confidence among citizens in the

work of the institution responsible for protection.30

The Gender Equality Index, developed by the European Insti tute for Gender Equality

(EIGE) and used to measure inequalities in all EU member states and pre-accession

countries, was calculated for the first time in Montenegro in 2019. The above-mentioned

report calls for stronger leadership for institutional transformation, coupled with adequate

financial resources, in order to bridge the gap between men and women. Based on EIGE’s

methodology, th e index was measured by the National Statistical Office of Montenegro.

The report was produced within the EU-funded project ‘Support to Anti-discrimination and

Gender Equality Policies’ implemented by UNDP, in partnership with the Ministry of Human

and Minority Rights. With an index value of 55 (out of a maximum of 100 points),

Montenegro scored lower than the EU average of 67.4. At the top of the ladder are Sweden,

Denmark, France, Finland and the UK, while four E U member states scored lower than

Montenegro – Romania, Slovakia, Hungary and Greece. At the national level, women in

Montenegro are least equal when it comes to ‘power’, followed sequentially by ‘time’,

‘knowledge’, ‘money’ and ‘work’. Highest equality was observed in the domain of ‘health’.

The greatest differences between the EU countries and Montenegro w ere recorded in th e

domains of ‘money’ and ‘power’.31

According to the Government action plan, the statistics show that

‘there is a gap between the normative and the actual status women in Monteneg ro’:

Out of total 620 029 inhabitants, 313 793 are women (50.61 %) and 306 236

(49.39 %) are men;

The a verage earnings of women in Montenegro are 14 % lower than the average

earnings of men, which means that - in order to receive the same salary annually as

men - women should work m ore than 51 days than men, and the year would have

to last 416 days;

Pension bene ficiaries a re made up of 46 509 men and 28 561 women. This is not

related to the same age categories, because the Law on Pension Insurance provides

for different retirement ages for men and women;

Among property owners, women make up 4 % of homeowners, 8 % of landowner s

and 14 % of holiday home owners;

30 Women’s Rights Centre (2017) NGO Report on the implementation of the Council of Europe Convention on

preventing and combating violence against women and domestic violence in Montenegro, Podgorica, p. 18.

https://rm.coe.int/report-ngo-montenegro-2/168073c980

31 Olivera Komar, Gender Equality Index, Montenegro, 2019.

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Only 9.6 % of the owners of business entities in Montenegro are women.32

3.1.2 Other issues

A positive step is the Ministry of Defence’s adoption of the ‘Human Resources Management

Strategy of the Ministry of Defence and the Army of Montenegro’, which defines the gender

equality policy and certain strategic goals.

The Ministry of Defence has a total of six regional trainers for gender equality in military

operations, who are responsible for the education of all members of the army on UNSC

Resolution 1325 on gender equality. Through a special programme, Mentoring for Gender

Equality the senior officer of the Army General Staff (who has determined the duty to

realise tasks in the area of g ender equality), undertook one year of training. The t raining

involved new knowledge on how to integrat e the gender perspective into policy making

and everyday work in the army.

3.1.3 General overview of national acts

At the national level, Montenegro has several regulations concerning the gender-neutral

protection of human rights in the context of violence. The Law on Gender Equality (LGE)33

defines gender-based violence as any act that causes or could cause physical, mental,

sexual or economic harm or suff ering, as well as threat of such act that seriously impede

a person’ s abilit y to enjoy his or h er rights and freedoms in both public or private life,

including domestic violence, incest, rape and human t rafficking.

The LGE was adopted and entered into force in July 2007. It stipulates equality between

women and men in all areas of public and private life, as well as an equ al opportunities

policy. In 2015, the law was amended by the Law on Am endments to the Law on Gender

Equality, which extended the scope of the sanctions concerning discrimination based on

sex an d violation of the principle of the equal treatment of men and women in certain

spheres of life, including discrimination against women due to pregnancy. 34

The law has now been harmonised with the Law on the Prohibition of Discrimination and

the Law on the Prote ctor of Human Rights and Freedoms (the Protector) 35 – the

Montenegrin Ombudsman – as well as the EU acquis. The definitions of discrimination

based on se x have been harmonised, such that the definitions of direct and indirect

discrimination are now in line with EU standards.

The implementation of the law is still a challenge in practice, mainly because of the

Montenegrin traditional patriarchal society and mentality, a need for improved knowledge

of gender equality principles and a lack of trust in institutions, particularly the courts. The

problem of underreporting of gender inequality cases is a topical is sue.

The amendment to the Law on Gender Equality in 2015, defined the responsibilities of the

Protector in dealing with complaints of a breach of the principle of gender equality and the

32 Government of Montenegro – Ministry of Defence (2017), Action Plan for implementation of United Nations

Security Council Resolution 1325 Women, Peace and Security in Montenegro (2017-2018), p. 6. available

at: http://www.mod.gov.me/en/library.

33 Montenegro, Law on Gender Equality, Official Gazette No. 46/2007; Official Gazette No. 073/10, 040/11,

035/15.

34 Montenegro, Law on Amendments to the Law on Gender Equality, adopted by Parliament on 26 June 2015.

35 Montenegro, Law on the Protector of Human Rights and Freedoms of Montenegro, Official Gazette, No.

42/11 and 34/12, Article 2: ‘The Protector shall autonomously and independently, on the principles of

justice and fairness, take measures to protect human rights and freedoms, when they are violated by an

act, action or failure to act of state bodies, state administration bodies, bodies of local self-administration

and local administration, public services and other holders of public powers (hereinafter referred to as:

authorities) as well as measures to prevent torture and other forms of inhuman or degrading treatment or

punishment and measures for protection from discrimination. The Protector does not have authority over

the work of courts, except in cases determined by this Law.