The adoption of the Law on legal recognition of gender based on self-determination is currently the highest priority for the LGBTIQ+ community and represents a key step towards their equality and dignity in society.
This was announced at the panel "Law on legal recognition of gender based on self-determination", held as part of the panel discussion "Human rights of LGBTIQ+ persons and gender equality", which is part of the project "Strengthening Gender Equality and LGBTIQ+ Advocacy Movement", realized by the Center for women's rights and Montenegrin LGBTIQ association Kvir Montenegro, and financed by the British Embassy in Podgorica.
Danijela Nikić, social worker and project coordinator at the Spektra Association, recalled that in February 2022, a working group was formed for the drafting of the Law on Legal Gender Recognition on the Basis of Self-Determination, which, as she pointed out, consisted of experts from various fields and representatives of state institution.
"In the last few weeks, the provisions of this law have been manipulated through public opinion and the work of the working group has been challenged. It doesn't necessarily have to be malicious, because many studies we have done show that citizens still don't have enough knowledge about these topics, as well as about transgender people in general," said Nikić, as reported by the PR Center.
She explained that the goal of that law is to fill a legal gap, in which, according to the Personal Name Act, there is a right to change a personal name without restrictions, but it is not possible to change the gender designation in personal documents.
"The Ministry of the Interior is looking for a prerequisite to change the gender marking in personal documents, which is sterilization," said Nikić.
She pointed out that the research conducted by that organization shows that a large number of people from the community have experienced discrimination and violence because they do not have the appropriate documents.
"When we talk about the international standards on the basis of which the text of this law was drafted, the European Court of Human Rights found that sterilization is a gross violation of human rights and freedoms," Nikić pointed out.
She said that everyone deserves the same human rights, and that the adoption of the Law on Legal Gender Recognition based on self-determination is currently a priority for the LGBTIQ community.
"If this law will be used by even one person, it is a big plus for improving the quality of life of that person, and it will not negatively affect the lives of other people. Also, it is important to note that this law is not intrusive. "He will not impose anything on anyone, he will only help people whose gender in the document and gender identity do not match, and will enable them to freely enjoy the right to their identity," Nikić said.
Psychologist Ida Marković believes that this law can greatly contribute to mental health, explaining that it will ease all the obstacles to living life.
"Trans people by themselves in this society are exposed to something that is implicit segregation. While working with them, I saw that many of them are afraid, they have symptoms of anxiety to the point that they are afraid to go out of the house. Also, they have a constant fear that they will experience discomfort," said Marković.
He believes that the adoption of the Law on legal recognition of gender based on self-determination for the trans community represents recognition and relief.
"The struggle with the bureaucracy is difficult, and not yet with something that is intimate, because sexuality itself is taboo," said Marković.
She pointed out that trans women are additionally threatened in a "patriarchal and misogynistic" Montenegrin society.
Marković also said that human rights should not be discussed.
"It is important that we work to create a network of knowledge and spread knowledge about human rights," said Marković.
Lawyer Marijana Laković Drašković assessed that judicial personnel dealing with these topics in practice need education.
"If we don't work on it, I'm afraid that even this law will not be applied to its full capacity," said Laković Drašković.
She explained that the right to self-determination is the right of every person to make independent decisions regarding their gender identity without restrictions.
"I believe that this law is not as liberal as it is presented to the public. It also has its own limitations that prevent possible abuses," said Laković Drašković.
She said that during her practice at the bar, during which she deals with the representation of LGBTIQ persons in court, she concluded that court employees do not have enough attention for the human rights of LGBTIQ persons.
"That's why I believe that the education of employees in the judiciary and prosecutor's office is extremely important. It is important in some way to sanction employees in the judiciary and prosecutor's office who do not accept the rights of LGBT people, but work to solve their cases," stated Laković Drašković.
She also assessed that there is resistance to these rights in the political environment, saying that, in addition to educating people in the judiciary and prosecutor's office, it is also necessary to educate media representatives on these topics.
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