Adoption of the Law on legal recognition of gender identity based on self-determination would significantly improve respect for human rights in Montenegro, the European Convention on Human Rights and international obligations, as well as the European integration process of Montenegro, announced the Spektra Association.
"The analysis of the final benchmarks presented at the Intergovernmental Conference of the European Union and Montenegro gives primacy to respect for human rights, in order for Montenegro to complete the negotiation process. Through these benchmarks, which concern chapters 23 and 24, Montenegro is required to ensure the full protection of fundamental rights , through the full implementation of the European Convention on Human Rights and the judgments of the European Court of Human Rights, not only in law, but also in practice. Taking into account that the practice of the European Court of Human Rights dictates that states should establish a fast, transparent and accessible process of legal recognition of gender identity, without prerequisites such as sterilization, and medical interventions that can lead to sterilization (such as hormone therapy), it is clear that the adoption of the Law on legal recognition of gender identity based on self-determination would significantly improve respect for human rights in Montenegro, as well as the Convention and international obligations, but also the process of European integration of Montenegro," the announcement states.
They remind that Montenegro is still one of only nine countries that require forced sterilization of trans persons as a prerequisite for legal recognition of gender identity.
These benchmarks, they add, confirm the long-standing views of the civil sector that legislation is not complete without enabling its effective implementation.
"Also, the final measures urge the effective implementation of the recommendations of the European Committee for the Prevention of Torture and Inhuman Treatment or Degrading Treatment or Punishment (CPT). These recommendations, within the report for 2023, also emphasize the state's obligation to establish protection measures for transgender people persons in prison, as well as to enable legal recognition of gender without sterilization," says Spektra.
The European Union, they add, also called for special attention to efforts to eradicate gender-based violence, as well as credible and systematic protection of the rights of LGBTIQ persons, including the harmonization of the legal system with the Law on Life Partnership of Persons of the Same Sex.
"The final benchmarks show that without the adoption of legal solutions and their implementation that enable full respect of basic human rights for everyone, it will not be possible to close the key chapters for Montenegro's accession to the European Union," say Spektra.
They indicate that the adoption of the Law on legal recognition of gender identity based on self-determination is an obligation to which all governments, including the current one, have committed themselves through the adopted Strategies, as well as the EU Accession Plan of Montenegro
"Despite the fact that we are witnessing various efforts to obstruct our European path, which are reflected both in endangering the peace and stability of the country and the region, as well as in political calculations and trade, we call on the decision-makers within the Government and the Parliament of Montenegro to act responsibly towards human rights, to show courage and determination to equally represent and protect all citizens of Montenegro, and to lead Montenegro towards the European Union in principle. the adopted Strategy, but also the Plan for the accession of Montenegro to the European Union. We all know that receiving a positive IBAR report is not the final step towards accession, and if we want Montenegro to become a full member of the EU soon, improving the state of human rights, especially of marginalized groups, must be imperative." the announcement concludes.
Bonus video:
