The way society perceives disability is a key cause of inaccessibility and insufficient respect for the rights of persons with disabilities (PWD), because this attitude affects the creation of policies, decision-making and their implementation.
This was announced by the PR Center at the final conference "Towards an inclusive society - increasing awareness of the rights and experiences of LSI", organized by the Center for Democracy and Human Rights (CEDEM), within the project "Inclusion in Justice: Respect for Rights and raising awareness about LSI", which is implemented with the support of the Ministry of Human and Minority Rights.
The director of CEDEM, Nevenka Vuksanović, said that the final conference, which is dedicated to an inclusive society, aims to raise awareness about the rights and experiences of people with disabilities.
"The very name of the project - Inclusion in justice: Respecting the rights and raising awareness of people with disabilities - clearly indicates our goal. However, I want to share a personal reflection on the term "inclusion", which can sometimes sound inadequate. This term implies that there is a part of society that needs to be included, as if it is outside of it - which is not true," said Vuksanović.
She said that PWDs have always been an integral part of our society.
"I wonder at what point we as a society misplaced the perception and in what way we allowed certain groups, be it people with disabilities, the Roma and Egyptian community or women, to be perceived as "outside society". Today's event is an opportunity to ask ourselves: how far have we progressed, where are we currently and what more can we do? As individuals and as professionals in various positions, we have the responsibility to contribute to positive changes," said Vuksanović.
CEDEM project coordinator Milena Kovačević said that it is particularly significant that the conference is held on the eve of Human Rights Day, December 10, and immediately after December 3 - the International Day of Persons with Disabilities, which, as she stated, reminds us of the importance of equality and equality of all members of society.
She said that as part of the project, they produced the Collection of Judgments of the European Court of Human Rights, a publication aimed at improving access to justice for people with disabilities.
"We implemented monitoring of the judiciary: we monitored access to justice and equality in court proceedings involving persons with disabilities, and identified obstacles such as architectural barriers, lack of legal assistance and procedural limitations. The result of this monitoring is a comprehensive report that we will present in detail during the panel," Kovačević said.
She said that as part of the "Words that change the world" campaign, they created posters for social networks and published essays by authors Dragana Đokić and Anđela Radovanović, which offer new perspectives on the rights of people with disabilities.
"Within our podcast "Pravo u CEDEM", we realized episodes dedicated to the rights of people with disabilities, in order to encourage young people to actively fight for their rights", said Kovačević.
During the panel discussion "Where are we today: inclusion and equal rights in our society", the Director General of the Directorate for the Protection and Equality of Persons with Disabilities in the Ministry of Human and Minority Rights, Irena Rakočević, explained that the Directorate primarily has a coordinating role in the creation of policies, proposing laws and by-laws, as well as monitoring compliance with international standards in the field of human rights of persons with disabilities.
"Unfortunately, although we were obliged to develop an action plan for the implementation of the received recommendations in 2017, that task has not been completed. However, already this year we have undertaken preparatory activities that include consultations with the CRPD Committee and planning early consultations in the first months of 2025. Those consultations will include citizens, organizations of persons with disabilities, state authorities and all interested parties so that the contribution is comprehensive and inclusive," Rakočević pointed out.
She believes that one of the key issues is the adoption of the Law on Uniform Expertise on Disabilities, which, according to her, has multiple importance.
"First, it enables the establishment of the Institute for Expertise and maintaining the register of persons with disabilities. Second, it establishes uniform norms for determining disability, which overcomes the current ambiguities and lack of data on the types and number of persons with disabilities. I would especially emphasize that the law is crucial for the protection of women and girls with disabilities, who face multiple forms of discrimination, especially in the field of health care," said Rakočević.
The Deputy Protector of Human Rights and Freedoms, Nerma Dobardžić, recalled the independent monitoring mechanism, which she presented on December 3, on the International Day of Persons with Disabilities, in the Parliament of Montenegro.
"Through field work, analysis and workshops, we made concrete and general recommendations for improving the rights of people with disabilities. We visited ten municipalities and 30 institutions, including social, educational and health care institutions. We focused on areas such as upbringing and education, social and health care, accessibility and cooperation between organizations of people with disabilities and authorities," said Dobardžić.
She said that the role of that institution is not only to identify obstacles, but also to propose concrete measures to overcome them.
"The report is available on the official website of the institution of the Protector of Human Rights and Freedoms, where the recommendations, legal and institutional framework, as well as the current situation are clearly presented. One of the challenges that remains before us is the sustainability of this mechanism, as well as the continuation of visits to municipalities that were not included in the first phase of work," said Dobardžić.
Speaking about inclusion, the advisor for inclusive education at the Institute of Education, Anita Marić, said that the biggest obstacles are not only physical or systemic, but often prejudices - "those that we carry with us and that can be the biggest barrier to the development of society".
"Inclusion, as we understand it, is a process that opens institutions and connects people, enabling equal access to rights for all. Our efforts in Montenegro are based on laws such as the Law on the Education and Upbringing of Children with Special Educational Needs, the Law on the Prohibition of Discrimination against Persons with Disabilities, and strategic documents such as the Strategy for the Development of Inclusion in Education, which is about to expire, and we are already working on a new one which will encompass the reform of the entire education," said Marić.
She pointed out that they pay special attention to adapting teaching through the development of individual development educational plans for students with special educational needs.
"This enables the targeted adjustment of teaching to their needs, but also the additional empowerment of teachers. We are aware that education must follow current events, because it is a constantly evolving process. Although we are trying to achieve results, I believe that there is always room for progress and an opportunity to introduce innovations", said Marić.
He believes that there are still challenges regarding the accessibility of educational institutions.
"Unfortunately, not all schools in Montenegro are fully equipped. However, with will and creativity, significant results are achieved. The Institute for Education is focused on monitoring the quality of education and supporting schools. The competent service monitors the progress of students through a methodology that ensures equal treatment of everyone, including students with special educational needs," said Marić.
According to her, the results show that quality inclusive education does not only benefit students with disabilities, but improves the entire education system.
"The benefit of inclusion is reflected in the strengthening of democratic values, because students learn tolerance and acceptance of diversity through joint education," said Marić.
The executive director of the Association of the Blind of Montenegro, Goran Macanović, believes that our attitude towards the phenomenon of disability is the key cause of inaccessibility and inadequate respect for the rights of persons with disabilities.
"The way society views disability directly affects the creation of policies, decision-making and their implementation. Disability is often viewed from the point of view of mercy, functional impossibility or even pity, instead of understanding it as a matter of human rights," Macanović pointed out.
According to him, accessibility is often reduced to narrow frameworks, such as installing ramps or elevators in buildings.
"However, this is only a small part of what accessibility should entail. Accessibility must be viewed much more broadly, including: accessibility of information and communications, so that all citizens, regardless of disability, have an equal opportunity to obtain the necessary information; the accessibility of public transport, because without it people with disabilities cannot participate equally in social life, as well as the accessibility of services and products, which must be adapted to meet the needs of all citizens," said Macanović.
Speaking about physical accessibility, Macanović said that it is not enough to think only about the entrance to the building.
"It is important to ensure that people with disabilities can live and work in that space, because inclusivity is not a privilege, but a right," said Macanović.
He emphasized that the rights of people with disabilities should not depend on the goodwill of institutions or the community.
"Instead, an inclusive society should be created in a way that provides an equal chance for everyone, because inclusion is not just an act of help, but the foundation for a healthier community," Macanović believes.
He said that as someone who has been part of the movement for the rights of people with disabilities for 25 years, he is not completely satisfied with the current level of accessibility in Montenegro.
"There are still many challenges at all levels – from physical accessibility, through information and communications, to services and transportation. However, I believe that changes can be achieved if we consider disability issues as part of the fight for human rights and build a community that is inclusive and open to everyone," concluded Macanović.
An expert in the field of law, Jovan Jablan, believes that the issue of the rights of persons with disabilities in Montenegro is closely related to the way we understand the concept of disability.
"Unfortunately, disability is often viewed as a purely medical condition inherent in a person, rather than as a complex concept that includes social factors as well. The modern approach to disability, on the other hand, emphasizes the interaction between a person's personal characteristics and the obstacles that society sets up, such as negative attitudes and prejudices. Only when we see disability in that way, we can effectively discuss problems and solutions", believes Jablan.
According to him, the rights of persons with disabilities can be considered from two aspects: the prescription of rights and their realization in practice.
"On the normative level, the legislative framework in Montenegro is of relatively good quality. The Constitution of Montenegro, especially Article 9, recognizes international treaties as an integral part of the legal system, giving them primacy over domestic laws. Among those treaties is the United Nations Convention on the Rights of Persons with Disabilities, which guarantees a wide range of rights. Institutionally, there is a network of bodies responsible for the protection of human rights, including the institution of the Ombudsman, which has a significant role in the promotion and protection of the rights of persons with disabilities," said Jablan.
Speaking about the realization of rights, Jablan warned that the biggest challenges are in the practical application of the prescribed rights.
"Accessibility of facilities, employment and access to justice remain key problems. People with disabilities often do not have enough support to exercise their rights, nor appropriate legal assistance. "Although the courts in Montenegro show an understanding of the problem of discrimination, many problems arise before the case reaches the court," said Jablan.
Presenting the findings of judicial monitoring, Jablan pointed out that the courts in Montenegro do not have the obligation to keep records of proceedings in which the parties are persons with disabilities.
"This makes it difficult to research and analyze the problem and makes it impossible to accurately identify the causes of discrimination. The findings of the monitoring showed that discrimination mostly occurs in the employment and work processes, as well as due to the inaccessibility of facilities," said Jablan.
He said that judges in Montenegro generally have a good understanding of the issue of discrimination, but that access to justice remains difficult due to systemic obstacles and lack of support for people with disabilities.
"The key problem is not in the legislative framework, but in the implementation of the law in practice. I believe that the state must take a leading role in this process and ensure that the rights of persons with disabilities are exercised consistently and to the full extent. The civil sector, although important, cannot lead this fight alone," said Jablan.
He believes that it is necessary to establish a system for recording cases of discrimination, to improve the accessibility of public facilities, as well as to provide more effective legal support for persons with disabilities.
"Only when decision-makers show a true will for change can we talk about real inclusion and equality of people with disabilities," Jablan concluded.
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