From next year, all transgender people, as well as children aged 15 who feel this way, with the consent of their parents, will be able to independently choose their gender in their personal documents.
The possibility of giving such a legal right to transgender people has caused strong opposition from religious communities, so the Metropolitanate of Montenegro and the Littoral (MCP) says that it is a case of the collapse of tradition and an attack on the family.
The Minister of Human and Minority Rights, Fatmir Đeka, is convinced that the law will be adopted and says that it improves human rights, while the non-governmental (NGO) sector says that its adoption will finally end the practice of forced sterilization, with the aim of changing gender markers.
The Draft Law on Legal Recognition of Gender Identity was strongly opposed by the MCA. They dispute the provision that even a child aged 15 and older, if he feels like it, can change his gender in his personal documents. They say that this is hitting the foundations of the family.
"Until the age of 18, a child must be a child and nothing else. He does not have the necessary maturity to independently make decisions and enter the provisions of the law concerning a 15-year-old child, even if it is noted that parental consent is involved, which for us, according to to our reading, it is very vague, it represents a problem for us", pointed out MCP priest Gojko Perović.
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From the NGO sector that gathers transgender people, they see nothing controversial in the law.
"The age limit of 15 years was chosen because it is the standard in our legal system. At the age of 16, with the permission of the guardian and parents, one can enter into marriage. We had a psychiatrist from the Clinical Center in the working group. And this was somewhere and her suggestion", said Jovan Ulićević from the association "Spektra".
Drafting of the Law began a year ago, and the Government should make a statement on this act in the fourth quarter of this year.
"I expect that, since it is already included in the government's work plan, it is normal for the government to adopt it," said the Minister of Human and Minority Rights, Fatmir Đeka.
Religious communities, on the other hand, expect the law not to be adopted. Although the Islamic Community did not present an official position, its representatives clearly opposed the adoption of this law in the media, claiming that it destroys tradition. The MCA also agrees with this, where they believe that the draft of this law violates the Family Law and the Constitution.
"As a church, we think that we have many more important topics for passing laws now in this period of the life of Montenegrin society," said Perović.
For transgender people, on the other hand, this law is among the most important topics.
"Because the trans community is the only one in Montenegro that still goes through forced sterilization in order to have personal documents that correspond to our gender identity, appearance, etc. This is what we wanted to stop," said Ulićević.
And while the Ministry of Human and Minority Rights says that suggestions and opinions about this law could be presented by everyone during the public hearing, which ended on Thursday, the MCA says that they were not even informed about it, which is why they expect that before its adoption , initiate a public dialogue that will also include religious communities.
"It was a public discussion without a discussion. The fact that we are not involved shows that a good part of society is not involved," said Perović.
And Đeka says that this Law frees those who until now could not legally determine themselves in accordance with their self-determination.
"This law does not affect any religious community, but on the contrary, it is the freedom of every citizen to express himself however he thinks and respect for human rights and freedoms," said Đeka.
Commenting on the invitation of MCC ministers and MPs who are Orthodox Christians to declare according to the Law on Changing Gender Marks in accordance with their religious convictions and moral principles, Đeka reminds that in the Government and the Assembly they represent all citizens, including transgenders, and not only members of religious community.
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