LGBT rights in Montenegro
LGBT rights in Montenegro | |
|---|---|
 Location ofMontenegro(green) | |
| Status | Legal since 1977; age of consent equalized in 1977 |
| Gender identity | Transgender people allowed to change gender |
| Military | Gays, lesbians and bisexuals are allowed to serve |
| Discrimination protections | Sexual orientation and gender identity protections (see below) |
| Family rights | |
| Recognition of relationships | Life partnership since 2021 |
| Restrictions | Same-sex marriage banned by the Constitution since 2007 |
| Adoption | No |
Lesbian, gay, bisexual, and transgender (LGBT)people inMontenegroface legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity are legal in Montenegro, but households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.
Same-sex couples are unable to marry, and theConstitution of Montenegrobanssame-sex marriage.Since 15 July 2021, same-sex couples may register their relationship as aLife Partnership,which gives them almost the same legal rights and protections available to opposite-sex married couples[citation needed],except adoption.
Discrimination on the basis of bothsexual orientationandgender identityis banned in employment, the provision of goods and services, education and health services. Montenegro also possesseshate crimeandhate speechlaws which include sexual orientation and gender identity as grounds of non-discrimination. The associationILGA-Europehas ranked Montenegro 8th out of 49Europeancountries in terms of LGBT rights legislation.[1]Despite this, Montenegrin society has yet to reach a high level of acceptance, and discrimination against LGBT people often goes unreported.[2]
Legality of same-sex sexual activity
[edit]Montenegro decriminalised same-sex sexual activity in 1977. Theage of consent(14) was also equalised in 1977.[2]
Recognition of same-sex relationships
[edit]
TheConstitution of Montenegrobanssame-sex marriage.[3]
On 13 November 2012, then Deputy Prime MinisterDuško Markovićstated that the Montenegrin Government would prepare a bill giving some form of legal recognition to same-sex couples.[4]The Human and Minority Rights Ministry drafted a bill to legalise registered partnerships, which would confer some of the rights, benefits and responsibilities of marriage but would not include adoption or fostering rights. TheSerbian Orthodox Churchand theDemocratic Frontcame out in opposition to the proposal, claiming it would "wreck" Christian values and family life in Montenegro.[5]On 27 December 2018, theGovernment of Montenegroaccepted the draft. If enacted, it would have taken effect one year later.[6][7][8]The bill was lodged in the Parliament on 24 January.[9]On 27 February 2019, it was backed by the parliamentary committee on human rights.[10][11]However, on 31 July 2019 the bill was blocked by parliamentarians, led by theDemocratic Front,in a 38–4 vote and 39 abstentions. The necessary majority of 41 votes was not achieved.[12]TheDemocratic Party of Socialists,theSocial Democratsand theLiberal Partysupported the measure.[13]
On 12 December 2019, the Government approved the second, similar draft of the bill.[14][15][16]It was introduced to the parliament on 14 January 2020.[17]On 18 June 2020, the bill was backed by the parliamentary committee on human rights.[18]On 1 July 2020, the bill was approved by the Parliament, in a 42–5 vote and 34 abstentions. The bill was supported by the Democratic Party of Socialists, Social Democrats,Social Democratic Party(except for one deputy), Liberal Party and one deputy fromDEMOS.[19][20][21][22]It was opposed by the opposition, as well as three parties representing ethnic minority communities (Croats, Bosniaks, and Albanians).[22]The bill was signed into law on 3 July 2020 by PresidentMilo Đukanović.The law was published on 7 July 2020 in theOfficial Gazette of Montenegro.It would enter into force on the eighth day from the day of its publication and applied from one year thereafter.[23]
Discrimination protections
[edit]On 27 July 2010, theMontenegrin Parliamentpassed a non-discrimination law that includessexual orientationandgender identityas prohibited grounds ofdiscrimination.This was one of the requirements the country had to meet forEuropean Unionmembership.[24]The legislation, known as theLaw on Prohibition of Discrimination(Montenegrin:Zakon o zabrani diskriminacije), defines "discrimination" as follows:[25]
Discrimination is any unjustified, legal or actual, direct or indirect distinction or unequal treatment, or failure to treat a person or a group of persons in comparison to other persons, as well as exclusion, restriction or preferential treatment of a person in comparison to other persons, based on race, colour of skin, national affiliation, social or ethnic origin, affiliation to the minority nation or minority national community, language, religion or belief, political or other opinion, gender, gender identity, sexual orientation, health conditions, disability, age, material status, marital or family status, membership in a group or assumed membership in a group, political party or other organisation as well as other personal characteristics.
In 2013, the Criminal Code was amended to prohibit hate speech on the basis of both sexual orientation and gender identity, and to provide penalty enhancements if a crime is committed based on the victim's LGBT status. These changes came into force on 3 June 2014.[1]
Military service
[edit]Gays, lesbians and bisexuals are not banned from military service.
Gender identity and expression
[edit]Transgender people in Montenegro are allowed to change legal gender, but require undergoingsex reassignment surgery,sterilization, divorce if married and receiving a medical diagnosis to do so.[1]
Social conditions
[edit]Gaysandlesbiansmay face discrimination andharassmentin Montenegro.Anti-gayattitudes are deeply ingrained in society and there is widespreadopposition to LGBT rights.[2]Balkan Insightnoted that despite the passage of the civil partnerships bill, previous polling had suggested that 71% of Montenegro's citizens considered homosexuality to be an "illness", and about half thought it was a danger to society that should be suppressed by the state.[22]
LGBT activism
[edit]The first Gay Pride event in Montenegro was held on 24 July 2013 in the coastal town ofBudva,organized by the NGO "LGBT Forum Progres", and it subsequently caused various reactions in public.[26]On 20 October 2013, a Pride event took place in the capital city ofPodgorica,where violent anti-gay protesters were arrested by police.[27]
In September 2017, the fifth annual Podgorica Gay Pride parade took place without any recorded incident. It was organized by the NGO "Queer Montenegro",and was attended by about 200 people.[28]
Summary table
[edit]| Same-sex sexual activity legal |  (Since 1977)
|
| Equal age of consent (14) | (Since 1977)
|
| Anti-discrimination laws in employment | (Since 2010)
|
| Anti-discrimination laws in the provision of goods and services | (Since 2010)
|
| Anti-discrimination laws in all other areas | (Since 2010)
|
| Hate crime laws include sexual orientation and gender identity | (Since 2014)
|
| Same-sex marriage |  (Constitutional ban since 2007)
|
| Recognition of same-sex couples | (Since 2021)
|
| Stepchild adoption by same-sex couples |
|
| Joint adoption by same-sex couples |
|
| Lesbians, gays and bisexuals allowed to serve in the military |
|
| Right to change legal gender | (Requires surgery)
|
| Access toIVFfor lesbians |
|
| Conversion therapybanned |
|
| Commercial surrogacy for gay male couples | (Banned regardless of sexual orientation)
|
| MSMsallowed to donate blood |
|
See also
[edit]
References
[edit]- ^abc"Rainbow Europe".rainbow-europe.org.
- ^abc"Gay Life in Montenegro".globalgayz.
- ^"Constitution of Montenegro".Archived fromthe originalon 8 October 2012.
- ^Reid-Smith, Tris (13 November 2012)."Montenegro promises gay pride and some marriage rights".Gay Star News.Archived fromthe originalon 16 November 2012.Retrieved19 May2020.
- ^"Plan for Same-Sex Unions Rouses Fury in Montenegro".26 April 2018.
- ^"Government passes Draft law on life partnership of same-sex partners".gov.me.
- ^"LGBT couples in Montenegro will be allowed to marry but not to be parents".28 December 2018.
- ^"Government adopts Bill on Life Partnership".28 December 2018.
- ^"Predlog zakona o životnom partnerstvu lica istog pola".zakoni.skupstina.me.Archived fromthe originalon 6 March 2019.Retrieved6 March2019.
- ^"Црна Гора признаје геј бракове".Archived fromthe originalon 1 March 2019.Retrieved28 February2019.
- ^"Montenegro's Parliamentary Committee supports same-sex communities".N1 Srbija.Archived fromthe originalon 1 March 2019.Retrieved28 February2019.
- ^Wakefield, Lily (2 August 2019)."Montenegro politicians block law recognising same-sex unions".Pink News.Retrieved5 August2019.
- ^Kajosevic, Samir (1 August 2019)."Same-Sex Union Vote Failure Dismays Montenegro's LGBT Community".Balkan Insight.
- ^"Press release from 148th Cabinet session".Government of Montenegro. 12 December 2019.Retrieved26 June2020.
- ^"Vlada Crne Gore utvrdila Predlog zakona o životnom partnerstvu lica istog polaVlada Crne Gore utvrdila Predlog zakona o životnom partnerstvu lica istog pola"(in Montenegrin).N1.12 December 2019. Archived fromthe originalon 29 June 2020.Retrieved26 June2020.
- ^Rudović, Miloš (12 December 2019)."Vlada utvrdila Predlog zakona o životnom partnerstvu lica istog pola"(in Montenegrin).Vijesti.Retrieved26 June2020.
- ^"Predlog zakona o životnom partnerstvu lica istog pola"(in Montenegrin). Parliament of Montenegro. Archived fromthe originalon 28 June 2020.Retrieved26 June2020.
- ^Radulović, Marija (18 June 2020)."Odbor podržao Zakon o istopolnoj zajednici"(in Montenegrin).RTCG.Retrieved26 June2020.
- ^"Izglasan Zakon o životnom partnerstvu lica istog pola"(in Montenegrin). Vijesti. 1 July 2020.Retrieved1 July2020.
- ^"Usvojen Zakon o životnom partnerstvu"(in Montenegrin). RTCG. 1 July 2020.Retrieved1 July2020.
- ^Savage, Rachel (1 July 2020)."Montenegro legalises same-sex civil partnerships".Reuters.Retrieved1 July2020.
- ^abcKajosevic, Samir (2 July 2020)."Montenegro Parliament Narrowly Votes to Legalize Same-sex Unions".Balkan Insight.Retrieved2 July2020.
- ^"Službeni list Crne Gore, broj 67/2020 od 07.07.2020".Službeni list Crne Gore(in Montenegrin). pp. 1–14.Retrieved8 July2020.
- ^Montenegro fulfils EU membership requirement and protects LGBT people from discriminationArchived24 September 2010 at theWayback Machine28 July 2010.
- ^"The Law on Prohibition of Discrimination"(PDF).mmp.gov.me.Archived fromthe original(PDF)on 30 June 2020.Retrieved2 June2019.
- ^"Budva: Građani ne odobravaju paradu ponosa u svom gradu".Pobjeda.me. 23 July 2013. Archived fromthe originalon 1 August 2013.Retrieved11 April2014.
- ^"Montenegro's gay pride march sparks violence".Al Jazeera. 20 October 2013.
- ^"Montenegrin Capital Set for Gay Pride Parade".22 September 2017.