The Constitution of Montenegro prohibits direct and indirect discrimination “on any basis” (Article 8), whereby it does not list any specific grounds regarding sexual orientation, gender identity or sex characteristics. The Constitution also prohibits the incitement or incitement to hatred or intolerance on any ground (Article 7). The special provision also declared the equality of all persons before the law, regardless of any personal property (Article 17, paragraph 2).
The Anti-Discrimination Law prohibits discrimination based on, inter alia, sexual orientation, gender identity and / or intersexual characteristics (Article 2, paragraph 2). In a chapter listing specific forms of discrimination, in a article entitled “Discrimination Based on Gender Identity, Sexual Orientation and / or Intersexual Characteristics” (Article 19), discrimination is considered to be “making any distinction, unequal treatment or bringing in the unequal position of the person on the basis of gender identity, sexual orientation and / or intersexual characteristics “, and that everyone has the right to express their gender identity, sexual orientation and / or intersexual characteristics, but also that it can not be invoked to publicly expressions.
Protection against discrimination on the basis of gender identity is also guaranteed by the Law on Gender Equality, which directly prohibits discrimination against Montenegrin national legislation based on adjusting sex to their own gender identity, namely “Discrimination is any act by which a woman is pregnant or maternity, as well as other because of the change in sex, leads to a disadvantage in relation to other persons, in the course of employment, self-employment, exercising rights based on social protection and other rights. ” The same law provides for a fine for a legal person in the amount of 1000 to 10 000 euros if leads the person, who went to gender affirming process, to a disadvantage in relation to other persons, in the course of employment, self-employment, exercising rights under social protection and other rights (Article 4, paragraph 3). Article 1 defines “the manner of securing and exercising rights based on gender equality, in accordance with international acts and generally accepted rules of international law, as well as measures to eliminate discrimination on grounds of sex and to create equal opportunities for participation of women and men, as and faces of other gender identities in all areas of social life “. The definition of gender equality in Article 2 equality is also guaranteed to persons of different gender identities “in all areas of the public and private sector, equal position and equal opportunities for exercising all rights and freedoms and the use of personal knowledge and skills for the development of society, as well as achieving equal benefits from work results “.
As you can see, the prohibition of discrimination based on sexual orientation, gender identity and sex characteristics is guaranteed by the legal framework of Montenegro, and any violation of these prohibitions is punishable.
If you find yourself in a situation where discrimination and / or violence against you is committed on one of these grounds, you can report the case through our violence report form, contact someone from our team, to help you report the case and provide you with support, or you can report your case yourself to the Police Directorate of Montenegro and / or the Protector of Human Rights and Freedoms.