Remedies and enforcement
| Author | Maja Kostić-Mandić |
| Pages | 69-79 |
69
6 REMEDIES AND ENFORCEMENT
6.1 Judicial and/or administrative procedures (Article 7 Directive 2000/43,
Article 9 Directive 2000/78)
a) Available procedures for enforcing the principle of equal treatment
In Montenegro, the following procedures exist for enforcing the principle of equal
treatment.
The Protector of Human Rights and Freedoms of Montenegro is an independent and
autonomous institution entrusted with protecting and promoting hu man rights and
freedoms in general terms and represents a national mechanism for protection against
discrimination (Article 2(1) of th e Law on the Protector of Human Right s and Freedoms of
Montenegro).
The Prote ctor has special competences to act against discrimination and minority rights
violations and to protect women’s rights. The Law on the Prohibition of Discrimination
provides the Protector of Human Rights and Freedoms with powers consistent with the
victims, conducting surveys on discrimination and publishing reports and making
recommendations for the elimination of discrimination (Articles 20 and 22).
The LPD (Article 24) regulates proceedings before the courts and prescribes that anyone
who considers themselves a victim of discriminatory treatment on the part of an authority,
business entity, other legal person, entrepreneur or natural person shall be entitled to
court protection. The proceedings shall be initiated by filing a lawsuit. The proceedings
before the court are deemed to be urgent. In a dispute for protection from discrimination ,
in addition to an appeal, revision as an extraordinary legal remedy shall always be
allowed.120 Law suits also allow the followin g measures: a) the establishment of t he fact
that the respondent has acted discriminatorily towards the claim ant; b) prohibition of
executing the action that carries a potential threat of discrimination, i .e. prohibition of a
repetition of the discriminatory action; c) compensation for damages; and d ) in cases
where the discrimination is perpetrated through the media, publication in the media of the
judgment establishing discrimination, at the cost of the respondent (Article 26).
In relation to people who may file a lawsuit, the Law prescribes in Article 30 that the lawsuit
may be filed on behalf of a person or group of persons who have been discriminated
against, as well as by organisations or individuals who work in the field of human rights
protection. The lawsuit may be filed only with the written consent of a person or g roup of
persons who have experienced discrimination. The lawsuit may also be filed by a person
who, with the intent ion of directly verifying the ap plication of the rules on non-
discrimination, presents themselves as or puts themselves in the position of a person who
may experience discrimination on any ground.
The LPD also obliges th e relevant inspectorates to un dertake monitoring with respect to
discrimination in the field of labour and employment, occupational safety, healthcare,
education, building and construction, traffic, tourism and other fields (Article 32).
Article 139 of the Labour Law provides that the employer decides on the rights and
responsibilities of the employees arising from a nd in relation to their work, in a ccordance
with the law, collective agreements and the employment contract. An employee who
believes that a right arising from or in relation to their work has been violated by the
employer may submit a request to the employer to enable them to exercise that right. The
decision on this request is final and enforceable, u nless regulated otherwise by the law.
120 Supreme Court of Montenegro, judgment of 25 June 2015, Už-Rev. No. 4/15; judgment of 19 April 2017,
Rev. No. 365/17.
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