Montenegro must raise the quality of investigations and criminal proceedings, but also the quality of protection of victims of violence. Although significant progress has been made in the fight against violence against women, gender stereotypes are still present in all spheres of society, including the media and politics, which affects the attitudes of professionals who work with victims or perpetrators of violence, such as police officers, prosecutors, judges, social and health workers.
It is necessary to urgently establish a center for victims of sexual violence, the state must allocate more for specialized services for victims of violence, and topics such as gender equality should be included in school programs.
This, among other things, is stated in the report of the independent group of experts of the Council of Europe, which is in charge of monitoring the implementation of the Istanbul Convention (GREVIO).
The report follows the progress of Montenegro since 2018, when the basic report was published, and in the latter, the authors, with praise, also point to areas where an urgent response is necessary, so that victims of violence against women and domestic violence receive the necessary support, protection and in order to ensure justice for them.
Necessary high-quality treatment by the courts, the police...
Since the adoption of the basic assessment report in 2018, as stated, Montenegro has taken significant steps and harmonized the legal and political framework with the requirements of the Istanbul Convention, so, among other things, the National Plan for the Implementation of the Istanbul Convention was adopted, as criminal acts in The Criminal Code introduced sexual harassment, misuse of someone else's recording, photograph, portrait, audio recording or file with sexually explicit content, forced conclusion of marriage, cohabitation or life partnership of the same person half... The crime of rape is aligned with the Istanbul Convention...
“Legislative changes related to sexual harassment, forced marriage and rape directly correspond to GREVIO's findings from the baseline evaluation report, which GREVIO commends. The need to legislate the criminal offense of abusing someone else's video, photo... with sexual content was strongly emphasized by the recently discovered Telegram channels from the Western Balkans region, which tens of thousands of individuals used to exchange explicit photos and videos of women and girls without their consent. ", they state in the report.
GREVIO assesses that progress has also been made in terms of data collection through a single database, which is shared by centers for social work and the Police Directorate, but states that in terms of data collection, significant challenges still exist in the judiciary in the health sector.
Progress has also been achieved in specialized support services, including the opening of two new shelters for victims of domestic violence in Bar. However, they add, GREVIO has also identified areas that require urgent measures.
Thus, the report states, harmful gender stereotypes and patriarchal norms are still present in Montenegro, this is the case in all spheres of society, including the media and politics.
"Which affects the attitudes of professionals, such as police officers, prosecutors, judges, social and health workers. Training for these professionals is urgently needed," the report states.
As it is added, psychosocial programs for persons with violent behavior must be aimed at changing their behavior, and not only at medical treatment.
"Quality treatment in cases of violence against women also requires improvements, along with the elimination of deficiencies in the work of law enforcement authorities and courts, especially in making decisions on custody and the right to visit children. GREVIO also expressed concern about the limited application of removal measures (from the apartment or other space) and protection measures", they state in the report and add that social work centers should be provided with sufficient resources to be able to provide adequate support to the victims.
The system must not depend on willing individuals
Although there are comprehensive guidelines for handling cases of violence against women (Protocol on handling, prevention and protection against violence against women and violence in the family, ed. new), GREVIO assesses that in practice the cooperation between authorities is mainly based on close working relationships of individuals, and not on the system application of the protocol.
This, as stated, "has far-reaching consequences on the quality of case management and, ultimately, on their outcome."
Illustrating the situation on the ground, they state that case conferences are held in smaller communities "because the employed professionals know each other". In some municipalities, they add, the system works well thanks to one person who heads the relevant local institution.
"This confirms the limited or complete absence of knowledge of the applicable protocols... Although this lack of knowledge can be remedied by training initiatives, GREVIO notes that the situation described may also indicate another problem - the lack of institutional commitment to ensure the implementation of the guidelines defined at the national level level".
Priority treatment and privacy as an obligation
In relation to the protocol on treatment, specifically, in the health sector, as written in the report, GREVIO recommends that when reporting violence, victims should be provided with privacy. At the same time, it is recommended to apply the existing guidelines on the priority treatment of victims.
"It is necessary to improve cooperation between competent institutions," the report added.
The 2018 protocol on handling, prevention and protection against violence against women and domestic violence describes the actions of competent institutions and organizations, including healthcare. Thus, among other things, in case of suspicion of violence, it is recommended to carry out an urgent medical examination, to provide emergency medical assistance if there is a need for it, and if this is the case, "according to the principle of priority, receive her immediately and allow her privacy during examination, in such a way that only the personnel needed to provide medical assistance contact her (without allowing other personnel to enter).
Gender equality
In the report, GREVIO recommends that the state provide adequate financial support for the prevention and fight against violence against women and states that this includes "stable funding of non-governmental organizations that run specialized services for victims".
Educational programs, as stated, should promote gender equality and non-violent gender roles, and school programs should include topics such as the importance of consent in sexual relations, as well as the problem of violence against women.
The priority, it added, must be the opening of centers for victims of sexual violence, such as rape crisis centers.
GREVIO adds that, in family cases with a history of violence, victims should be provided with testimony without the presence of the abuser.
The report of the independent group of experts of the Council of Europe responsible for monitoring the implementation of the Istanbul Convention was published a few days before the International Day against Violence against Women, November 25.
A protest against violence against women has been announced for today at 15.00:XNUMX p.m. The protest organized by the NGO "Sistem", as announced, will be held in front of the Government building, in Karađorđeva Street, Podgorica.
Licensing is a "stumbling block" for smaller NGOs
GREVIO indicates that the state needs to redefine the licensing system for providing services to victims of violence against women and their children.
In the basic report from 2018, the authors stated that this system can make it difficult for smaller non-governmental organizations to work and that, as it is set up, it reduces the quality of services for victims. In a 2018 report, GREVIO noted that the criteria for obtaining a license are difficult to meet for small NGOs.
Service providers, as they add, are obliged to license services, but this does not guarantee them that they will receive any financial support from the state. Thus, NGOs that are unable to meet the licensing criteria are left solely to seek funds from international donors, while at the same time risking fines if they continue to provide services without a license.
"Which led to the closure or significant reduction of activities of several small organizations," the report states.
When they talk about conditions that are difficult to fulfill for many NGOs, they state the obligation regarding the size of the space, equipment, but also the number of employees in relation to the number of users.
They add that for small organizations these are costs they cannot cover, especially not because state support is unavailable to them before obtaining a license.
Another challenge is the need to hire a certain number of licensed professionals, of which there are allegedly not enough in the country.
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