Remedies and enforcement

AuthorKostic-Mandic, Maja
6.1 Judicial and/or administrative procedures (Article 7 Directive 2000/43,
a) Available procedures for enforcing the principle of equal treatment
In Montenegro, the following procedures exist for enforcin g the principle of equal
The Protector of Human Rights and Freedoms of Montenegro is an independent and
autonomous institution entrusted with protecting and promoting human righ ts and
freedoms in general terms and represents a national mechanism for protection against
discrimination (Article 2 paragraph 1 of the Law on the Protector of Human Rights and
Freedoms of Montenegro).
The Prote ctor has special competences to act against discrimination and mi nority rights
violations and to protect womens righ ts. The Law on the Prohibition of Discrimination
provides the Protector of Human Rights and Freedoms with powers consistent with the
requirements of Directive 2000/43/EC. These powers inclu de provision of assistance to
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 pr otection. The proceedings shall be initiated by filing a lawsuit. The
proceedings b efore the court are de emed to be urgent. In a dispute for protecti on from
discrimination, in add ition to an appeal, revision as an extraordinary legal remedy shal l
always be allowed.110 Lawsuits also al low the following measures: a) the establi shment of
the fact that the respondent has acted discriminatorily towards t he claimant ; b)
prohibition of executing the action that carries a potential threat of discrimination, i.e.
prohibition of a repetition of the di scriminatory action; c) compensation for damages;
and d) in cases where the discriminati on is perpetrated through t he media, publica tion in
the media of the judgment establishing discrimination, at the c ost 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 again st, as well as by o rganisations 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 group of persons who have experienced discrimination. The l awsuit may also
be filed by a person who, with the intention of directly verifying the application of the
rules on non-discrimination, presents themselves as or puts themselves in the position of
a person who may experience discrimination on any gr ound.
The LPD also obliges th e relevant inspectorates to un dertake monitoring with respect to
discrimination in th e field of labour and employment, occupational safety, healthcare,
education, building and construction, traffic, tourism and other fields (Arti cle 32).
Article 119 of the Labour Law provides that the employer decides on the rights and
responsibilities of the employees arising from and in relation to their work, i n accordance
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 subm it a request to the employer to enable t hem t o exerci se that right.
110 Supreme Court ruling, Už-Rev. Br. 4/15 (25 June 2015), Rev. br. 365/17 (19 April 2017).

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT