By adopting the rulebook on the conditions for gamete donors and the rulebook describing how women without a partner can become mothers at the expense of the state, the Ministry of Health discriminated against members of the LGBT community.
This, among other things, is stated in the opinion of the defender of human rights and freedoms following the complaint of the coalition for the rights of LGBT persons "Ravnopravno".
He is, among other things, the protector of the department Vojislav Šimun recommended to change the regulations in such a way that women who have entered into a same-sex partnership are given the right to become mothers at the expense of the state.
In March of last year, "Vijesti" announced that the protector is filing a case to determine whether there are elements of discrimination in the rules of the health department for the treatment of sterility, which, among other things, limit the donation of sex cells to persons who have had homosexual relations in the last five years. The "Ravnopravno" coalition also sent a complaint to the protector, as well as the rulebook that refers to the right to medically assisted fertilization (MPO) procedures for women without a partner.
Their complaint refers to a part of that rulebook, which states that a woman living in a married or cohabiting union can exercise her right to infertility treatment using the MPO procedure if she does not have a same-sex partnership.
In the evaluation, among other things, the deputy protector Nerma Dobardzic, she stated that the Ministry of Health's statement was requested in the examination procedure, but that request, as well as the emergency, was not answered. The questions were not answered by "Vijesti" either.
At the time of filing the complaint, the Minister of Health was Dragoslav Šcekić. According to unofficial information from "Vijesti", the protector, after not receiving an answer from Šćekić, urgently asked the current minister Vojislav Šimun for a statement.
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In relation to the provision of the Rulebook on the detailed conditions, procedure and content of medical documentation for exercising the right to infertility treatment by applying the procedures of the MPO of a woman who does not live in a married or cohabiting union, and who contests that right if she has a registered same-sex partnership, the protector assessed that is disputed from the aspect of discrimination based on sexual orientation.
It is added that such a provision "directly affects women who have entered into a life partnership in accordance with the Law on Life Partnership of Persons of the Same Sex". In the Rulebook on the method and conditions for assessing the suitability and selection of donors of sex cells, sex tissues and embryos and the type of laboratory tests, among other things, the conditions for the suitability of the donor are contained. Among other things, it was stated that donors cannot be persons who have had homosexual relations in the last five years.
According to the protector, such a provision "unfavorably affects the LGBT population".
"However, the Ministry of Health, which had the burden of proof to present a possible reasonable and objective justification for the adoption of a specific norm, did not provide the protector with a statement on the allegations in the complaint. It should be noted that the World Health Organization removed homosexuality from its list of diseases in 1992, while in the United States homosexuality was removed from the classification of mental illnesses. Bearing in mind the above, and primarily anti-discriminatory regulations, the protector is of the opinion that in both regulations there was discrimination on the basis of sexual orientation", writes Dobardžić in his assessment.
The Protector also noted that the rulebook on gamete and tissue donors contains controversial terminology regarding users of psychoactive substances, and in that sense, the Ministry of Health was instructed to use adequate terminology during amendments to that rulebook.
In relation to sexual discrimination against LGBT people, it was recommended to the Department of Health to eliminate the consequences of discrimination contained in the regulations contested by the complaint.
At the same time, that department was recommended to propose an amendment to the provisions of Article 17 of the Law on MPO to enable MPO procedures for women who entered into same-sex partnerships.
Kalezić: Change the regulations as a matter of urgency
The ombudsman's opinion is expected and encouraging, but due to the silence of the health department, it shows that "after all the achievements in relation to improving the position of LGBTIQ people, Montenegro has returned to the infamous club of countries that inherit institutional homophobia", he told "Vijesta" yesterday. Danijel Kalezic.
The co-executive director of ERA - Alliance for equal rights of LGBTI persons in the Western Balkans and in Turkey, said that he was worried because the Ministry of Health did not cooperate with the ombudsman.
"Such an ignorant attitude of the previous government further proved the homophobic attitude and behavior," he said.
He added that it is up to activists and organizations to jointly influence the new leadership of the Department of Health to change the discriminatory regulations as a matter of urgency, in accordance with the opinion of the ombudsman.
Kalezić also said that, as Šćekić, the previous health minister, is part of the current government, "as well as other people who were proud of their homophobia", it is up to Prime Minister (Milojko) Spajić "to prevent their homophobic behavior".
"And ensure the continuation of the improvement of the protection of the rights of LGBTIQ persons, which has completely died in Montenegro at the institutional level," he said.
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