The women in my family are expected to give up their inheritance in favor of their brothers. If they don't do that, they will be excluded, says one of the 247 women who answered the online questionnaire Center for Investigative Journalism of Montenegro (CIN-CG) on equality in terms of inheritance and property.
Her family, as this interviewee says, has quite a lot of property, but her parents told her and her sister more than once that they "got enough" and that they would leave everything to their sons.
"For nothing, the law says one thing - few women with brothers will stop speaking because of property. Our aunts, who have given up their property themselves, find it appropriate to bring up the topic often, so that we don't accidentally think of asking for a share," says this respondent.
A little less than 30 percent of respondents (67 of them) who filled out CIN-CG's questionnaire, have a similar experience and believe that women in Montenegro are not equal with men in terms of inheritance and property. About 35 percent of them faced discrimination based on gender when acquiring or inheriting property, and about 15 percent of them fought or are still fighting for the right to inheritance in court.
"After nine years, 80 hearings and the proceedings of eight judges, a decision was made on the physical division of property, partially. The opponent was my brother, who believes that everything should belong to him", says another of the respondents.
In Montenegro, there are no official data on whether men and women inherit property equally, it is stated in the report "Gender and ownership of real estate in Montenegro - mapping the property gap" which was prepared by the Organization for European Cooperation and Security (OSCE) in 2023. years. Although the Montenegrin Law on Inheritance does not provide for preferences for male heirs, the custom of female heirs relinquishing property in favor of male family members indicates that property derived from inheritance is not evenly distributed, this report points out.
That women are not equal in terms of inheritance and property is also confirmed by the research of the non-governmental organization (NGO) Sigurna ženska kuća (SŽK) "Attitudes towards the property rights of women in Montenegro" from 2019, which showed that as many as 19 percent of respondents and 14 percent of female respondents believes that women should not have the same right to property inheritance as men. As reasons, they cite tradition (10 percent), the claim that "the man is the head of the house" (eight percent), that "women get married" and that they are the "weaker sex" (eight percent each), that "men are the bearers of the surname or lineage ” (seven percent) and because “it's so normal” (three percent). As many as 69 percent of respondents say that, according to their knowledge, men inherit property more often, and about 51 percent think that women in Montenegro do not have the same rights to property as men.
"Inheriting property is one of the biggest taboos in our patriarchal society. When she goes to another home (rarely her own, because it belongs to her husband), the woman brings symbolic gifts from her (paternal) home, but enough to remind her that this is - that. We gave her a diploma, put her through school, now she is her own person - these are phrases that point to the end of her claims within the primary family. But her obligations remain - to be a caring daughter, to serve her parents when old age comes, but by no means to get a property, an apartment...," Sofija from Beran, the executive director of the NGO Polygon for Women's Excellence, tells CIN-CG. Rebecca Čilović.
According to her, women can still hear during the division of property that "the money was taken from the brother" and that "it's damned just like it was kidnapped".
"Because of such beliefs, we have all those women who suffer and remain silent, because they were taught that way. And when you don't have your own, then you're on the back burner and where will you go when the bully shows you the door? "Sit where you are, because you are not for the better - is the message that women have maintained through inheritance, but not property, but silence", believes Čilović.
Only 36 percent of women acquire real estate through inheritance
"I accepted the inheritance of one third of the apartment that was left to us from my mother. My sister gave up in favor of my brother, while I experienced extreme discomfort from both of them. My brother threatened to set everything on fire, although I followed my mother's wishes and tried to explain that absolutely nothing would change and that I would not initiate a sale or any other alienation," says one of the women who filled out CIN-CG's survey.
She cut off all contact with her family, and did not report her brother's threats to the police.
According to the 2023 OSCE survey, women make up just over a third (36 percent) of the number of registered owners of all types of real estate in Montenegro. Of those who own real estate, only 36 percent acquired it through inheritance.
In the "Plan for achieving gender equality" of the Government of Montenegro from 2019, it is stated that women in Montenegro own only four percent of apartments, eight percent of land and 14 percent of vacation homes. In the same document, it is stated that women's chances for self-employment and economic empowerment are at a minimum precisely because, due to the lack of ownership of real estate or land, they cannot provide guarantees for taking loans.
Global data indicate that about 80 percent of the world's arable land is owned by men. In 2010, about 13 percent of agricultural land owners were women in Montenegro. There are no more recent data yet.
In a report from 2023, the OSCE explains that inequality in ownership leads to numerous consequences - from the inability to escape from a violent relationship or marriage, to the difficulty of starting a business, because most business loans require security in the form of real estate.
"The most common challenges for women when inheriting property in Montenegro are deeply rooted patriarchal attitudes and stereotypes that lead them to renounce inheritance in favor of male relatives. The legal framework equalizes men and women in the right to inheritance, but social norms and pressures often prevent women from realizing their rights," the head of the Department for Gender Equality of the Ministry of Human and Minority Rights explains to CIN-CG Biljana Pejović.
She points out that there is a recognized need to calculate the gender gap in real estate ownership and to indicate the extent to which laws relating to inheritance, property ownership, marital and family relationships and protection against discrimination in the workplace are applied.
Lifetime maintenance contracts often abused
"My brother took my mother to a notary and drew up a contract for lifelong maintenance. Before or on that day, I'm not sure, there was also a conversation with a psychiatrist about her 'sanity' and that document was also obtained. Of course, my sister and I were not informed about it. We found out quite by accident from a neighbor", recounts her experience from one of the respondents from the CIN-CG survey.
She is not the only one who mentions in the survey that signing a lifetime maintenance contract is one of the ways in which women try to exclude themselves from inheritance.
By the way, the lifetime support contract is one of the most common and significant inheritance contracts in our law. It is a contract by which the recipient of maintenance undertakes that after his death the property of precisely specified things or some other rights will be transferred to the provider of maintenance, and the provider of maintenance undertakes to, as compensation for this, support him and take care of him for the rest of his life and to bury him after his death.
"Everything was left to the brother by a lifetime support agreement, although he essentially does not support anyone. This was done to exclude my sisters and I from the inheritance. We didn't even get coffee cups from our parents, even though we gave up a lot in childhood in order to acquire the same possessions. My brother was born later, so he didn't have to give up anything," says another interviewee.
Another interviewee states that, after her father's death, she renounced the inheritance in favor of her mother under her mother's persuasion. At the time, she was 20 years old and no one advised her or warned her about the possible consequences.
"My mother then, in secret and under pressure from her brother and daughter-in-law, drew up a lifetime maintenance contract (which is not respected), in order to deprive me of my inheritance. Young girls really need to be given more information so they don't end up in a similar situation," she says.
"The more rural, the more honest"
Pejović also points to differences by region in Montenegro. The majority of women who own, inherit and buy real estate live in the south of Montenegro, while the smallest number of owners are from the northern parts of the country.
"Urban environments have been reported in the 'painting' of the truth, while our rural areas are our real face - the more rural, the more honest. In the villages, women are still horrified when someone mentions property rights, because it implies that something is 'taken' from the father and brother. In urban areas, the mantra applies - 'I could, but I won't'. Both women hit the table - some with their hands, clenched fists, and others with their heads in the tenant's rooms," says Čilović.
As someone who has been advocating for women's rights for years, especially the rights of women in the north of Montenegro, Čilović is known only to a few women who dared to seek their property rights in the northern regions:
"Reproached by society and family, they bore the burden of the curse, because they dealt with the most painful Montenegrin issue - property distribution".
Although more educated, women also have weaker access to the labor market
"Although more educated, women in Montenegro have less access to the labor market, especially to the key and most responsible positions, whether in the private or public sector," the legal advisor of the Union of Free Trade Unions of Montenegro (USSCG) points out for CIN-CG. Ivana Mihajlovic.
According to the data of the Monstat Administration of Statistics, 2023 percent of female students completed specialist studies in 56,7, and 70,2 percent of female students completed master's studies. The rest are students. In 2023, 60 percent of women and 40 percent of men earned the title of Doctor of Science.
Despite the above, also according to Monstat data from 2023, in that year women made up 45,3 percent of the total number of employees. According to the data of the Employment Service of Montenegro (ZZZCG), at the end of 2023, there were 39.942 unemployed persons, of which 23.263 were women.
"Despite all efforts to contribute through a strategic, legislative, as well as infrastructural and institutional framework to the greater participation of women in the labor market and their empowerment, it is still characteristic of Montenegro that women are more represented in lower-paid jobs that relate mainly to the provision of services or care, such as healthcare, education, shops, services", says Mihajlović.
She also explains that the representation of women in decision-making positions, the adequate application of the principle of "equal pay for equal work", the elimination of discrimination and violence, the equal distribution of domestic and private duties, as well as the recognition of unpaid care and household work are indicators of the development of a society and the level achieved democratization.
"With the National Sustainable Development Strategy by 2030, Montenegro has committed to eliminate political, economic and any other form of discrimination based on gender and has foreseen a minimum of 40 percent of women in political decision-making bodies at the national and local level."
According to the Index of Gender Equality in Montenegro for 2023, the biggest inequality gap between the sexes is related to the distribution of money. The Gender Equality Index, by the way, measures gender equality in the member states of the European Union (EU) through six domains: work, money, knowledge, time, power and health.
The gender gap in earnings between men and women, instead of decreasing from the once infamous 13,9 percent in favor of men, reached a worrying 2021 percent in 21,6, according to the analysis of the International Labor Organization (ILO) from 2022.
According to the PKCG, this is a consequence of gender prejudices, occupational segregation and the lack of women in high-paid positions.
The percentage of female managers is still low
However, something is moving and changing for the better. More and more women are engaged in entrepreneurship and start their own businesses.
"Recently, progress has been made in the field of female entrepreneurship, but there is still room for improvement," the Chamber of Commerce of Montenegro (PKCG) told CIN-CG.
Ten years ago, according to data from that institution, one out of ten companies was owned by women, while today it is every fourth company in Montenegro.
Data from the Tax Administration, in 2011 there were 3.021 or about 16 percent of companies majority owned by women. Today, there are 7.584 such companies or approximately 23 percent.
According to data from the Central Register of Business Entities (CRPS), women are most often the owners of limited liability companies (70 percent). A little less than a third are registered as entrepreneurs (26,7 percent), while women in other forms of organization such as limited partnerships or partnerships account for only about three and a half percent. Women are the owners of companies that operate in the trade sector (33,5 percent), then in the sector of providing accommodation and food services (13,3 percent) and the sector for professional, scientific and technical activities (12,2 percent).
The percentage of women in management positions, such as directors or members of management boards, however, is still low. According to information from the Alternative Institute (IA), only 20 percent of state-owned companies are executive directors, while only 28 percent are women on boards of directors.
"The lower representation of women in leadership positions can be explained by a number of factors, which stem from deep-rooted social norms and prejudices. Gender stereotypes and prejudices, which women often face, play a key role in this context. Traditionally, women are expected to do certain 'female' jobs, while men are given leadership roles. These stereotypes limit women's career choices and make it difficult for them to access management positions," the PKCG states.
They explain that the lack of visible female leaders can make it difficult for young women to identify with leadership positions.
"By increasing the number of companies owned by women, developing female entrepreneurship and creating a more favorable business climate, a greater opportunity is created for the development of innovative products and services, new jobs and economic progress".
Nevertheless, despite the fact that progress has been made - the increasing number of women entrepreneurs and the fact that they are more educated than men, the percentage of ownership of real estate and business entities is still low when it comes to women. This is stated in the Strategy for the Development of Female Entrepreneurship of Montenegro for the period from 2021 to 2024 (Strategy).
The same is stated in the report "Gender and property ownership in Montenegro - mapping the property gap" of the OSCE from 2023, in which it is written that even in the event that there is an equal number of men and women in the ownership structure of real estate, which is not the case , it would not necessarily mean that there is no wealth gap.
According to the data from that report, 37 percent of women are registered as owners of only one property, while that number decreases with the increase in the number of properties. Thus, there are only 22 percent of women who own more than one property.
"The more real estate someone owns, the less likely it is that someone is female. This data very illustratively points to the wealth gap between men and women in Montenegro," the report says.
One of the respondents from CIN-CG's survey states that men from her neighborhood often get property or a valuable part of it for free, while women have to earn money themselves.
"It's the only way to own it," she concludes.
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