Back Protection of basic human rights is the essence of the the Draft Law on Civil Partnerships

Protection of basic human rights is the essence of the the Draft Law on Civil Partnerships

The Draft Law on Civil Partnerships is a compromise between the needs of the LGBTI community, Montenegro's international obligations and social reality, and its adoption by the state would unequivocally uphold the principles of universality and indivisibility of human rights.

This was highlighted at a consultative session on the Draft Law on Civil Partnerships, organised by the Council of Europe Programme Office in Podgorica and the Delegation of the European Union to Montenegro, in partnership with the Committee on Human Rights and Freedoms of the Parliament of Montenegro.

The aim of the event was to open a debate on the importance of ensuring justice and promoting anti-discrimination and protection of the civil rights of LGBTI persons, thus exchange experiences and lessons learned.

President of the Parliament of Montenegro, Ivan Brajovic, said that despite the different interpretations, it is unquestionable that the essence of the Law on Civil Partnerships is the protection of fundamental human rights. "Unfortunately, the Law was not adopted last year. The aforementioned Law will be put again on the agenda and I expect political entities to show responsibility in ensuring the respect of human rights and freedoms by voting in the Assembly, without a hidden agenda”, said Brajovic.

He said that the equality before the law and prohibition of discrimination take a special place in the human rights system, and in the absence of respect for these principles, there can hardly be a mention of fulfilling the international, but also political and moral obligations prescribed by the Constitution of Montenegro.

President of the Parliamentary Committee on Human Rights and Freedoms, Halil Dukovic, finds the proposed legal arrangement represents a compromise between the needs of the LGBTI community, Montenegro's international obligations, and social reality in the country. "I believe it is necessary to regulate by virtue of law the exercise of the rights of members of the LGBT population in accordance with the principle of equality, non-discrimination, in order to contribute to the real inclusion of this vulnerable population in all areas of life", said Dukovic.

Protector of Human Rights and Freedoms Sinisa Bjekovic, stressed that the European Court of Human Rights had already taken the clear position that equality of same-sex partners should be ensured - either through linear harmonisation or by adopting a separate law and that the Court confirmed this view in its practice. "To break another taboo means to eliminate any concern that this law is being passed to the detriment of anybody. On the contrary, it does quite the opposite: it benefits one community, which by many indicators remains one of the marginal groups”, said Bjekovic.

Head of the Delegation of the European Union to Montenegro, Aivo Orav, said that the European Union does not prescribe how Montenegro regulates legislation in this area; it’s all about the equality before the law, which is guaranteed by the Constitution of Montenegro. He pointed out that same-sex and heterosexual couples should enjoy the same civil rights.

"The European Union will continue to support both Montenegrin institutions and civil society organisations in building a just society free from any gender discrimination. We will also continue to monitor progress in this area, which is very important for the negotiation process with the European Union", said Orav.

Representative of the Anti-discrimination Department of the Council of Europe, Angela Longo pointed out that the Council of Europe has developed far reaching standards and Court’s case law to combat discrimination on grounds of sexual orientation and gender identity, including to respect private and family life. "Through the Horizontal Facility programme we accompanied Montenegro in the process of alignment to such provisions. Is now up to the Parliament, and to political groups, to take the final stance and ensure LGBTI couples, citizens of Montenegro, can benefit from a solid set of rights, and more equality in life”, Longo concluded.

 

MONTENEGRO: Consultative Parliamentary session on the Draft Law on Civil Partnerships

The session was attended by representatives of the Parliament of Montenegro, political parties, the Ministry of Human and Minority Rights, civil society organisations, international organisations, European political groups, as well as representatives of the Parliament of the Republic of Croatia and the European Green Party.

The activity was organised as a part of the joint European Union/Council of Europe programme “Horizontal Facility for the Western Balkans and Turkey – Phase II”: Action on Promotion of Diversity and Equality in Montenegro.

Podgorica 5 March 2020
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