|SC||Variations of sex characteristics|
|GR1||Legal gender recognition without self-determination|
|GR2||Legal gender recognition with self-determination (over 16)|
|GR3||Legal gender recognition with self-determination (under 16)|
|FPN||LGBTI focal points network|
|CA||Ministerial call to action|
Legally, Montenegro has a fairly strong basis for the protection of LGBTQ persons within the educational system. The Law on prohibition of discrimination (2014) clearly mentions sexual orientation and gender identity as grounds of protection. The Law on Prohibition of Discrimination was also amended in June 2017 (Official Gazette of Montenegro, N0. 042/17 – 30.06.2017). The law strictly prohibits discrimination based on sexual orientation, gender identity and/or sex characteristics and is applicable within education systems.
Furthermore, the Law on general education strictly prohibits discrimination within the education system, and even though it does not mention sexual orientation, gender identity and expression, or variations in sex characteristics directly, it does rely on the Law on prohibition of discrimination as the main state law within the matter.
Additionally, within the Criminal code (2003, amended 2012), discrimination on the basis of sexual orientation or gender identity and expression, has been observed in two ways; as an aggravating fact while determining the punishment (hate crime concept) and through several sections which may be applicable within the educational system such as: violation of equality under Article 159 of the Criminal Code, violation of freedom of speech and public expression under Article 178 of the Criminal Code, Racial and Other Discrimination under Article 443 of the Criminal Code.
Civil society organisations Centre for Civic Education and LGBT Forum Progress have created an in-depth analysis of the Montenegrin educational system in relation to LGBTQI inclusion. The research shows that the integration of human rights education within the school curriculum, including non-discrimination on the basis of sexual orientation and gender identity, is relatively low. Despite numerous initiatives made by the NGO sector to change the current situation and include LGBTQI topics within the curricular and extracurricular system, no changes have been made thus far. One conclusion drawn from this is that the process of reviewing and remaking of the textbooks is deemed too expensive by the government.
In 2016, the Ministry of Education adjusted 10 books for primary and secondary education in order to better align the curriculum to the Strategy for advancement of the rights of the LGBTI persons.
According to the Action Plans, that follow the Strategy for improving quality of life of the LGBT people in Montenegro, teacher training for subjects that include LGBT matters were introduced in 2013 and 2014 by the Ministry of Education. This teacher training, however, was not mandatory for all secondary teachers. In 2016, the Ministry of Education provided support for teachers of subjects which include LGBT matters, using supplementary resource materials. Civil society organisations, however, report that these improvements have still to be fully implemented.
Although the LGBT National Strategy mentions teacher training on LGBT awareness as a measure, civil society organisations report that this has not been implemented yet.
In 2014, Montenegro established a Rulebook on determining the medical reasons for the change of sex. The procedure is still medicalised and involves counselling, hormonal therapy, surgery and sterilisation as a final step. The change of name, on the other hand, is not conditional upon the change of gender marker, but a minor can only ask a change on their name upon the request of their legal representative.
There are some new measures in place to collect and analyse data on discrimination on grounds of sexual orientation and gender identity. In late 2014, the Ministry of Human and Minority Rights adopted a Rulebook obliging educational institutions to keep evidence on discrimination, including these grounds, and send it to the Ombudsman. This information is used to prepare a special section in the annual report.
Bullying and harassment on grounds of sexual orientation and gender identity and expression has also been collected in Montenegro from 2010 by LGBT Forum Progress. This process includes communication with all of the state institutions and gathering information on the cases of discrimination, hate crime, hate speech, bullying and any other forms of harassment towards LGBTQI persons. All of the cases have been published in four separate publications (link1, link2, link3) covering the time period between 2010 and 2017. The fourth publication has been recently released.
Psychological counselling has been made available in schools.
NGO Juventas and the Ministry of Education have jointly issued the guidelines for psychologists and pedagogues for work with LGBTQI youth.
The government provides support through the national lottery fund. Calls for project applications are released, but unfortunately, they have never tackled LGBTQI inclusion within education, so funds have to be sought from elsewhere. However, the government reports that a new mechanism of financing NGOs has been set in place for 2018. According to this mechanism, national institutions (Ministries) will announce calls for submission of the project proposals by the NGOs in following period in accordance to identified priorities. Call will be open for all NGOs and projects will be financed from the budgets of the Ministries.
– Montenegro has signed the Call for Action by Ministers – Inclusive and equitable education for all learners in an environment free from discrimination and violence.
– Montenegro is member of the European Governmental LGBTI Focal Points Network.
Civil society organisations report the case of a young man who was attacked at school due to his perceived sexual orientation. Another young man hit him with a chair. The parents insisted on the school taking actions, which it did, but the young man never reported it as a case of harassment due to sexual orientation, for fear of being outed by the institution.
LGBT Forum Progress shelter for LGBTIQ youth deprived of support
This project provides social services intended for the LGBT community in Montenegro, including the LGBT shelter for the community members who are denied of their families’ support, due to their sexual orientation or gender identity. The shelter provides psycho-social support, counselling, mediation with the families, capacity building of the community, and accommodation for the beneficiaries.
Covers: SO and GIE