In Montenegro, the number of persons with disabilities (PWDs) who lead proceedings, disputes and cases before judicial authorities is increasing, but their outcomes are not satisfactory, which is why judicial employees should be educated about their rights in order to adequately protect them.
This was announced by the executive director of the Association of Disabled Youth of Montenegro (UMHCG), Marina Vujačić, on the occasion of the Seminar on access to justice and mechanisms of protection against discrimination of PWDs, which the organization organized in Bijelo Polje.
Vujačić said that this is the third seminar that UMHCG has organized on the same topic, which is intended for those who deal with human rights and access to justice for PWDs - employees in the judiciary, prosecutor's office, notaries, lawyers, employees of the police and inspection authorities.
"The topics we covered during the seminar are: models of access to disability and their impact on the guarantees of the rights of PWDs, equalization of opportunities, universal design, reasonable and procedural adaptations, multiple and intersectional discrimination, with reference to more severe forms of discrimination against PWDs, the institute of free legal aid and ways communication with the PWD", said Vujacic in a statement for the PR Center.
She pointed out that it is important for officials dealing with access to justice to be guided by a model based on human rights, explaining that it is the only one that respects all the principles of the human rights of PWDs that other models do not respect or ignore.
When asked how much the participants of the seminars they organized had encountered in their work with the protection of the rights of PWDs, Vujačić said that in their work they did not have enough experience in that area.
"We asked the participants of the seminar if they had encountered examples of the protection of the rights of PWDs in practice, and their answers showed us that they did not have enough experience in this area, which is why this is a topic that should be constantly raised and conducted in education. At several seminars, we also talked about the importance of educating employees in healthcare when it comes to the rights of PWDs and the approach model based on human rights," Vujacic said.
She said that a large part of the seminar was devoted to the topic of the institute of business ability, and the negative effects it has due to inadequate legislation and application in practice.
"It is based on the assumption that PWDs are incapable of making independent decisions and managing their lives, which is why alternative decision-making is used in Montenegro instead of supported decision-making prescribed by the UN Convention. In that segment, healthcare workers have a significant responsibility," said Vujačić.
She indicated that if there are not enough procedures before various institutions, it means that PWDs are not sufficiently empowered to initiate such procedures, either due to the inability to access various institutions or inaccessible procedures to initiate or conduct procedures.
"However, the free legal counseling that we provide at UMHCG shows that the number of PWDs who lead various types of proceedings is increasing, but that their outcomes are not satisfactory. This means that judges, prosecutors and lawyers should be educated to represent PWDs in order to adequately protect their rights," Vujačić pointed out.
Milena Krsmanović Iković, adviser at the institution of the Protector of Human Rights and Freedoms of Montenegro, who was a trainer at the seminar, said that the focus of her lecture was the issue of accessibility, procedural and reasonable adaptations and universal design.
"Procedural adaptation is extremely important in proceedings before public authorities, public services, especially courts. Procedural adaptation represents a segment of accessibility and is an unconditional obligation. "Procedural adaptations mean a wide range of methods, ways of communication, means of PWD in court proceedings", said Krsmanović Iković.
She explained that PWD participating in court proceedings must be given the right to choose which method of communication will be used.
"Reasonable adaptations represent a segment of individual justice and taking into account the individual needs of PWDs in a given context. Accessibility applies to all PWDs, and reasonable adaptations to a person with rare impairments. So we can talk about reasonable adaptation at the workplace, school, educational institution... Reasonable adaptations sometimes do not mean money, but just a little more time and understanding", said Krsmanović Iković.
Josip Božović, a lawyer from Bijelo Polje, said that in his previous work he had not had the opportunity to meet the protection of the rights of PWDs.
"That was the motive to participate in the seminar and learn something new. There were very interesting topics at the seminar. They talked about the history of discrimination of PWDs to their integration in society and the protection of their rights through Conventions, laws and other acts," said Božović.
He pointed out that most of the lawyers' and notaries' offices are inaccessible to PWDs because they are located in buildings.
"However, unlike the courts, lawyers and notaries have the opportunity to go to the field, take the necessary powers of attorney and take over the rest that is necessary for PWDs to realize their rights. "I am happy that the court in Bijelo Polje is being adapted in such a way that they have provided a ramp and an elevator for the disabled, as well as tactile paths for the visually impaired," Božović said.
The first seminar on the same topic was organized in April in Podgorica, while the second was held in May in Bar. The project "P(O)(S)tupc(I)ma do justice for the disabled" is implemented by the UMHCG with the financial support of the Ministry of Human and Minority Rights through the Competition for NGOs in 2022 in the field of protection of persons with disabilities from discrimination and promotion of equality.
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