Sensitive or controversial issues

• Author: Maja Kostić-Mandić
• Pages: 96-99

96

11SENSITIVE OR CONTROVERSIAL ISSUES

11.1Potential breaches of the directives at the national level

Montenegrin legislation is, to a high degree, aligned with the acquisin the fields covered

by the directives. The fields in which further alignment of legislation is needed include the

duty to provide reasonable accommodation, same-sex partners and faith-based

institutions.

•In the legislation of Montenegro, there is no general duty to provide reasonable

accommodation in line with Articles 2(2)(b) and 5 of the Employment Equality

Directive. Employers are obliged to take measures in this context only in relation to

people with disabilities who are already employed.

•In Montenegro, it would not constitute unlawful discrimination in accordance with

national law if an employer provided benefits only to those employees with opposite-

sex partners. This is because the Constitution of Montenegro and relevant laws still

do not recognise same-sex partners, and under current law, a marriage must be

between two individuals of the opposite sex.

•Relations between faith-based and state institutions, including in education, have

not been regulated appropriately and harmonised with international law and

standards, including the Racial Equality Directive.

However, the implementation of the legislation may in some cases give rise to concern.

11.2Other issues of concern

•Low employment rate among marginalised groups

As of 31 December 2019, a total of 37 616 unemployed people were registered with the

National Employment Agency,164while according to the latest available records of the

Employment Service (dated 26 March 2019), in the same year 8 882 persons with

disabilities were unemployed. The general unemployment figure remains high, but the

proportion of persons with disability who are unemployed is a matter of concern.

Furthermore, the methodology that is used may give rise to concerns, as it may be

misleading with regard to the real picture on unemployment (e.g. the data does not include

those who are formally employed but are not actually working, or young people who are

taking part in programmes of a limited duration such apprenticeships).

The results of two independent 2019 surveys carried out by NGOs, on public opinion on

discrimination give rise to concerns regarding discrimination in the labour market, in

which—along with the Roma—people with disability and political opponents can be clearly

perceived as being among the most vulnerable groups.

According to a survey by the Centre for Civic Education (CCE) on public opinion on

discrimination, conducted in the first half of 2019,165 three in five citizens consider

discrimination to be most prevalent in job seeking and employment, while one quarter find

it to bemost prevalent at work, school or college. On the question of which groups are

most exposed to discrimination according to the perceptions of Montenegrin citizens, the

Roma remain at the top of the list, followed by persons with disabilities, the poor, sexual

minorities/the LGBT population and political opponents.

The same survey found that over four-fifths of citizens surveyed believe that there is

political discrimination166in Montenegro. Among those who believe that political

164 See: http://www.zzzcg.me/wp-content/uploads/2020/01/NEDJELJNI-IZVJE%C5%A0TAJ-31.12.2019..pdf.

165 See: http://media.cgo-cce.org/2019/02/CGO-prezentacija-diskriminacija-2019.pdf.

166 Political discrimination in employment is in fact closely connected with the ethnicity issue, as the majority of

opposition supporters are of Serbian ethnicity, although they hold Montenegrin nationality.