Initiative for recognizing same sex partnership is addressed to Montenegrin Parliament

03/05/2012
Submitted by LGBT Forum Progress

On the proposal of the NGO "LGBT Forum Progress, Institution of Ombudsman forwarded the initiative for adoption of the law of the same sex partnership to the Parliament of Montenegro.

In the elaboration of the initiative, see appendix, signed by the Deputy Ombudsman Ms. Marijana Lakovic, was given a detailed explanation on needs and basis for adopting the proposed regulations, and pointed to the existing regulatory framework as well as relevant international mechanisms that promote the prohibition of discrimination on any grounds.

Ombudsman's opinion is that the adoption of the proposed legislation complies with the practice of the European Court of Human Rights, and it would stop discrimination of Montenegrin citizens caused by their sexual orientation and gender identity and it would continue adequate fulfillment of obligations of Montenegro on the path of EU accession.
Government of Montenegro has, as a result of negotiations with civil society in October last year formed an expert working group to prepare the analysis of legal regulations in terms of LGBT rights , which has within the frame of recently introduced conclusions also adopted the conclusion which proposes adoption of the rights of partners in same sex partnerships .
LGBT Forum Progress notes that Andorra, Austria, Hungary, Iceland, Luxembourg, Great Britain, Croatia, Slovenia, Sweden, Switzerland , Denmark, Finland, Germany, Czech Republic, Liechtenstein already have similar laws, and until now a total of seven countries recognize the right of same sex marriage . These are Belgium, Iceland, Netherlands, Norway, Portugal, Spain and Sweden.

LGBT Forum Progress sees recognition of same sex partnerships as a transitional solution towards the right to marriage for all citizens of Montenegro, and will promptly initiate a campaign for the appropriate constitutional changes.

The initiative of the Ombudsman institution, signed by Deputy Mrs. Lakovic, reminds that the Constitutional Court of Montenegro among other things, concluded that the provisions of the Family Law is not an obstacle to same-sex community to be legally arranged with a specific regulation, which is confirmed by the comparative experience, and that by the passing of the aforementioned law ,rights of the extramarital heterosexual community would be equalized with the heterosexual wedlock and thus allow for a smooth coexistence of all citizens who live in Montenegro.

With the existing law practice in Montenegro, same-sex couples who live in the same or substantially similar emotional and economic communities as well as heterosexuals, with no objective and reasonable justification, were put in a much less favorable and legally unprotected position.

The initiative of the Ombudsman points out that there are differences in treatment and discriminatory attitude towards people because of their sexual orientation as well as the discrepancy between the Montenegrin legislation with relevant international law and jurisprudence that are binding for Montenegro.

LGBT community and civil society institutions welcome the Ombudsman's overall efforts to improve human rights practices and expect constructive approach of the Montenegrin Parliament and Government.

Zdravko Cimbaljević, Executive Director

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