Joint Programme

Horizontal Facility

For many people in Montenegro, discrimination is not always loud or visible. It can happen quietly, in a job interview that never leads anywhere, in access to services, or in everyday interactions that leave someone feeling excluded or stigmatized. Often, those affected are unsure whether what they experienced is discrimination at all, and where to turn for protection.

This is the reality the new Law on the Protection of Equality and Prohibition of Discrimination aims to change.

Developed through a comprehensive process led by the Ministry of Human and Minority Rights and with the support of the action “Combating hatred and intolerance in Montenegro” under the European Union and the Council of Europe programme “Horizontal Facility for the Western Balkans and Turkiye”, the law represents a major step forward in strengthening protection against discrimination. At the heart of this effort was Irena Varagić, manager in the Ministry, who played an important role in drafting the legislation.

“The new Law on Protection of Equality and Prohibition of Discrimination represents a key step forward for Montenegro in the field of human rights, aimed at strengthening the legal and institutional framework to combat all forms of discrimination in line with the way European states do” Varagić explains.

For her, the law is not only about aligning with standards, it is about making protection real and accessible in people’s everyday lives. “This law provides a systematic and legal basis for effective, comprehensive and preventive protection from discrimination in all areas of public and private life,” she says, adding that it contributes to building “an inclusive and tolerant society in Montenegro, in line with European and international standards.”

One of the most important changes lies in how clearly discrimination is now defined. The law expands the list of discrimination grounds and introduces concepts such as intersectional, multiple and systemic discrimination, reflecting the complex realities people face today.

It also provides a clearer definition of hate speech and explicitly prohibits it, in line with European definitions. At the same time, failing to provide reasonable accommodation for persons with disabilities is now recognised as a form of discrimination.

For citizens and people living in Montenegro, this means something very practical: it becomes easier to recognise when their rights are being violated. “The law provides clearer, more accessible and more effective protection mechanisms, contributing to greater trust in institutions and strengthening the rule of law,” Varagić notes.

In everyday life, this can make a real difference. Situations that may have previously gone unnoticed or unchallenged- such as seemingly neutral rules that disadvantage certain groups- can now be identified and addressed as discrimination.

The law also strengthens protection mechanisms. According to Varagić, individuals can seek judicial protection, request compensation and demand that discriminatory practices stop. Importantly, once a person makes it likely that discrimination has occurred, the burden of proof shifts to the other party- a crucial safeguard in cases where discrimination is difficult to prove.

Alongside the courts, the Protector of Human Rights and Freedoms plays an important role, providing an accessible path for complaints and recommendations, often without the need for lengthy procedures.

As comprehensive as the law is, its real impact will depend on how it is implemented. One of the main challenges will be ensuring that institutions consistently recognise and respond to different forms of discrimination, while citizens are aware of their rights. “The biggest challenges relate to the practical application of the law, particularly in recognising different forms of discrimination and ensuring consistent implementation by all institutions,” Varagić says.

To address this, a wide range of activities is already planned, from public awareness campaigns to targeted training for judges, prosecutors, police officers and other professionals. “Education will be key for the proper implementation of the law and for raising awareness about the importance of equality and non-discrimination,” she adds.

Ultimately, the success of the law will be measured not only through legal cases, but through everyday change- more people knowing their rights, more confidence in institutions, and a clearer understanding that equality is not only a principle, but a lived standard that must be protected in practice.

For Montenegro, this law marks an important step forward. But for citizens, its real value will be felt in the moments when someone recognises discrimination, feels safe to report it, and trusts that the system will respond.