Legal gender recognition for transgender persons in Montenegro

Submitted by Juventas

Experience gained within the framework of the project "Implementing the Council of Europe recommendations on LGBT rights," so far achieved significant results in the field of human rights of LGBT people and the Report of the Expert Working Group for the preparation of the Analysis of legal regulations in respect to LGBT rights, put a special emphasis on the need for the introduction of specific measures for legal gender recognition. Juventas, in partnership with Human Rights Action is working on the preparation of recommendations to the Montenegrin Government in respect to procedures regarding the change of transgender person’s identity cards along with necessary changes of existing legal regulations.While the Ministry of Health has a legal deadline by 15 March 2013 to prepare a protocol that defines procedures for those who want to undergo gender reassignment surgery, the Government of Montenegro, furthermore, has a task to define procedures for the legal gender recognition. At the same time, it is necessary to ensure that these procedures are quick, transparent and accessible, as well as respectful towards the physical integrity and personal life of a person.Therefore, in line with the Recommendation of the Council of Europe on measures to combat discrimination based on sexual orientation and gender identity, as well as the recommendations of local legal experts Juventas and Human Rights Action are at this point working on an initiative that includes prescribing the conditions and procedures for changing the birth registers and personal documents, amending of the Law on Birth Registers (Official Gazette of Montenegro 47/08) and the Law on the Central Citizens’ Register (Official Gazette 49/07) and adopting, where necessary, appropriate by-laws.Relevant research and analysis of data collected are at this point set in motion, while Juventas and Human Rights Action plan to meet domestic and international expert and wide public with recommendations and respective explanatory memoranda in the period to come.Juventas and Human Rights Action Juventas will also notify the public on all major issues arising in this vitally important area of transgender people’s lives.Jelena DacicHuman Rights Program Director, Juventas

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