The first association of parents of children and youth with developmental disabilities in Podgorica was founded in 1997 and today brings together more than 130 users. The president of the association and one of the founders Savo Knežević says that it was only with the establishment of the Independent Mechanism for the Promotion, Protection and Monitoring of the UN Convention on the Rights of Persons with Disabilities two years ago that they gained real insight into how institutions are implementing the Convention.
The Independent Monitoring Mechanism (IMM) is a working body operating within the institution of the Protector of Human Rights and Freedoms and bringing together organizations of persons with disabilities and associations of parents of children and young people with disabilities, in order to monitor, through meetings and field visits, how the rights guaranteed by the UN Convention on the Rights of Persons with Disabilities are being implemented in practice. Knežević says that, thanks to the IMM, various organizations of persons with disabilities have joined forces to work together on monitoring, participate in field visits and develop recommendations. However, he notes with regret that public officials never visit.
Based on field visits, the current situation and the experiences of organizations, the NMM makes recommendations to improve access to rights, which the Protector addresses to the Government, the Parliament, local governments, courts and other competent institutions and institutions. After that, the NMM monitors their implementation, with the aim of making changes real and visible in the everyday lives of children and young people with disabilities, as well as adults with disabilities.
"NMM is the first and only body thanks to which cooperation was established between ten organizations of people with disabilities and public administration," said Knežević.
In line with the internationally adopted principle of “Nothing about us without us”, the NMM has enabled children, youth and adults with disabilities to be equally included in the process of monitoring the implementation of the UN Convention on the Rights of Persons with Disabilities. The NMM was established with the technical support of the Human Rights Advisor of the Office of the UN Resident Coordinator in Montenegro and the UNICEF Representative Office in Montenegro, within the framework of a program supported by the Global Disability Fund.
Executive Director of the Association of Youth with Disabilities Marina Vujacic believes that the importance of the NMM is immeasurable, because it helps and enables representatives of the disability rights movement to see on the ground whether the Convention is alive or, as he says, "trampled upon".
"Since the ratification of the UN Convention on the Rights of Persons with Disabilities, the NMM is one of the best things that has happened to the state of Montenegro. The fact that persons with disabilities participate in the work of this body as equal and equal members is an example of how the state and its institutions, at all levels of government and decision-making, should include representative organizations of persons with disabilities. On the other hand, I consider the sustainability of the work of this body, from technical to financial, to be particularly important. The smooth operation of the NMM must not be based on the enthusiasm and voluntary work of the people who make it up, but regular and sufficient funds should be provided for this," said Vujačić.
He particularly emphasizes the importance of field visits, as they allow us to move from legal frameworks and laws to practice and everyday life.
"Thanks to the NMM, I can advocate for the Convention more decisively and with more concrete examples, to speak about its violation, even when it comes to horrific examples from practice. I am one of the few or the only one who speaks about forced contraception, sterilization, abortion of girls and women with disabilities, and after a decade of speaking about it publicly, I have finally received knowledge and confirmation, thanks to the activities of the NMM," says Vujačić.
Unfortunately, there are many similar and other examples, and they all point to, as she said, an essential and real attitude towards people with disabilities or children from the earliest age.
"It is no coincidence that I am also calling on those holding public office and authority to spend more time in the field, to visit institutions themselves, such as residential social and child protection institutions, in order to see for themselves how their decisions affect people's lives," adds Vujačić.
The work of the NMM will be further regulated by the new Law on the Protector, which provides for up to 15 members from organizations of persons with disabilities and associations of parents of children and youth with developmental disabilities, including one representative of the Protector institution.
Advisor to the Ombudsman Milena Krsmanović Iković She said that the NMM represents a step forward in strengthening independent oversight of the implementation of the Convention in accordance with the obligations under Article 33, paragraphs 2 and 3 of this Treaty.
"Its formation has brought clearer guidelines for supervision, improved dialogue and cooperation with organizations of persons with disabilities and contributed to greater visibility of the challenges faced by persons with disabilities. Through direct monitoring and follow-up, the NMM recognizes policies and practices that are based on erroneous approaches to disability and identifies barriers and obstacles to the full and equal exercise of rights, as well as to the participation of persons with disabilities in community life. The NMM's reporting is always accompanied by both general, or systemic, recommendations and individual messages relating to a specific subject of supervision. Numerous systemic challenges still exist, so it is necessary to ensure that the NMM's recommendations are implemented more quickly and consistently, especially at the level of sectors such as education, healthcare, social protection, accessibility in all its segments, community-based support services, deinstitutionalization and other areas. For the sustainability and quality of the NMM, it is important to maintain and further deepen the participation of organizations of persons with disabilities, because it is precisely their experience, knowledge and expertise that constitute the basis for a correct assessment of the situation and planning further steps," said Krsmanović Iković.
It is expected that the future work of the NMM will be sustainable, which means that it must be systematically supported by the state, and, in a way, serve as an early warning system for challenges and obstacles in the implementation of the UN Convention on the Rights of Persons with Disabilities.
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