Deputy-prime minister and minister of justice Duško Marković founded the Expert Working group for Preparation of Legal Framework Analysis related to LGBT Rights to carry out analysis of legal framework related to LGBT rights with focus on harmonisation of national legislation with international standards in this area.
The working group (WG) was composed of civil servants and NGO representatives: Ms. Tea Gorjanc-Prelević, LL.M, executive director of Human Rights Action – WG coordinator; Mr. Ivan Krkeljić, advisor in the Office of the Protector of Human Rights and Freedoms, member; Ms. Nataša Pešić, secretary in the Ministry of Justice, member; Mr. Orhan Šahmanović, secretary in the Ministry for Human and Minority Rights, member; Mr. Zlatko Vujović, M.Sc, president of the managing board in NGO CEMI, member.
The WG members agreed to take “Analysis of the compliance of legal and institutional framework for respecting the rights of LGBT persons in Montenegro with international standards”, as a starting point for their work. The Analysis was prepared by the WG Coordinator Ms. Tea Gorjanc Prelević for the needs of LGBT Coalition within the EU funded project “Montenegro- a bright spot on a gay map” implemented by Juventas and CEMI.
The outcomes of WG work can be summarised as following:
(1) WG proposed adoption of a Same-sex Relationships Act, bearing in mind the need for harmonization of Montenegrin laws with international standards in terms of equalizing the rights of persons of homosexual orientation living with common law partners of the same sex with the rights that the state of Montenegro gives to common law partners of different sexes.
(2) Regarding the rights of transgender people, WG found proposed prescribing conditions and procedure for the change of sex in the registers and personal documents by amending the Law on Civil Registers (“Official Gazette of Montenegro” No. 47/08) and Law on Central Register (“Official Gazette of Montenegro” No. 49/07).
(3) The WG welcomed adoption of new provision related to transgender persons within the Law on Amendments to the Health Insurance Law according to which transgender persons will be entitled to reimbursement of 80% of costs of the medical treatment for the change of sex.
(4) WG members did not have a unique position regarding amendments to the Criminal Code. It has been agreed to consider, in a later stage, proposal for amendment of Art. 443, para. 3 of the Criminal Code, which at present explicitly prohibits only incitement and encouragement of “racial hatred” and to supplement it to include prohibition of other forms of hatred as well: hatred based on discrimination, hatred against sexual minorities and transgender people.
(5) WG recommended introduction in the Anti-discrimination Law of an article entitled “Definition of terms used in this law,” which would define the terms “gender identity” and “sexual orientation” in order to facilitate and to ensure its uniform application.
