GOVERNMENT OF MONTENEGRO

Ministry of Labour and Social Welfare

STRATEGY FOR INTEGRATION OF PERSONS WITH DISABILITIES IN MONTENEGRO

 for the period 2016-2020

 

Podgorica, September 2016

Contents1 INTRODUCTION........................................................................................................................................3

2 LEGAL FRAMEWORK.................................................................................................................................5

3 OBJECTIVES OF THE STRATEGY.................................................................................................................7

4 ACCESSIBILITY..........................................................................................................................................8

4.1 Overview in the field of accessibility in Montenegro.........................................................................9

4.1.1 Facilities and Space.....................................................................................................................9

4.1.2 Tourism.....................................................................................................................................11

4.1.3 Traffic........................................................................................................................................13

4.1.4 Information and communication technologies.........................................................................14

4.2 Strategic objective in the field of accessibility in Montenegro by 2020...........................................16

4.3 Measures and actions to achieve the strategic objective in the field of accessibility in Montenegro...............................................................................................................................................................16

5 PARTICIPATION.......................................................................................................................................17

5.1 Overview in the field of participation in Montenegro.....................................................................18

5.1.1 Participation in political life......................................................................................................18

5.1.2 Organizations of persons with disabilities (DPOs) and civil society...........................................18

5.1.3 Culture, sport and recreation...................................................................................................18

5.2 Strategic objective in the field of participation in Montenegro by 2020.........................................20

5.3 Measures and actions to achieve the strategic objective in the field of participation in Montenegro...............................................................................................................................................................20

6 EQUALITY................................................................................................................................................21

6.1 Overview in the field of equality in Montenegro.............................................................................22

6.2 Strategic objective in the field of equality in Montenegro by 2020.................................................25

6.3 Measures and actions to achieve the strategic objective in the field of equality in Montenegro. . .25

7 EMPLOYMENT........................................................................................................................................26

7.1 Overview in the field of employment in Montenegro.....................................................................26

7.2 Strategic objective in the field of employment in Montenegro by 2020.........................................28

7.3 Measures and actions to achieve the strategic objective in the field of employment.....................29

8 EDUCATION AND TRAINING...................................................................................................................29

8.1 Overview in the field of education and training in Montenegro......................................................30

8.2 Strategic objective in the field of education and training in Montenegro by 2020..........................33

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8.3 Measures and actions to achieve the strategic objective in the field of education and training in Montenegro..........................................................................................................................................33

9 SOCIAL PROTECTION...............................................................................................................................35

9.1 Overview in the field of social protection in Montenegro...............................................................35

9.2 Strategic objective in the field of social protection in Montenegro by 2020...................................40

9.3 Measures and actions to achieve the strategic objective in the field of social................................41

protection..............................................................................................................................................41

10 HEALTH.................................................................................................................................................42

10.1 Overview in the field of health in Montenegro..............................................................................42

10.2 Strategic objective in the field of health in Montenegro by 2020..................................................45

10.3 Measures and actions to achieve the strategic objective in the field of health.............................45

11 CONCLUSION.................................................................................................................................46

11.1 Providing resources to achieve strategic objectives......................................................................46

11.2 Monitoring the implementation of the Strategy...........................................................................46

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1 INTRODUCTION

 The Government of Montenegro at the end of 2007 adopted the Strategy for Integration of Persons with Disabilities in Montenegro for the period 2008-2016. This is the first strategic document which analyzes the current situation involving persons with disabilities with a series of measures and recommendations needed to be taken in the eight-year period in order to improve the situation of the above-mentioned population. The Strategy has set as the main goal the improvement of the situation of persons with disabilities in Montenegro and their involvement in all areas of society on an equal basis. It was also stated that the purpose of adopting the Strategy is the establishment of the widest legal framework for defining the policy toward persons with disabilities in accordance with the social model of disability. For the first time, in 2011, data on the existence of difficulties in performing activities of daily living were being collected by the Census of Population, Households and Dwellings. Persons who have difficulties in performing activities of daily living are persons who have practical limitations in performing or participating in various activities. This group includes persons who experience limitations in basic functional activities such as walking, hearing, seeing, etc., even if the limitation was improved by the usage of aids or with the support of the environment. The response was being collected on the basis of statements of persons, regardless of the existence of medical documentation as the proof of disability. Questions in the questionnaire i.e. form, which was filled for each person were as follows: whether a person due to a chronic disease, disability or old age has difficulties in performing activities of daily living; the type of (physical or mental) disorder; the cause of disorder and the type of aids that a person uses. It was possible to give more than one answer to this question because a person may have more than one type of disorder.

In Montenegro, out of the total population, 11% (68,064) of persons have difficulties in performing activities of daily living due to a chronic disease, disability or old age, according to new data from the Census 2011. According to the data, 5% of the Montenegrin population has difficulties with walking (mobility), 2% with vision although wearing eyeglasses and contact lenses and out of a total population, 1% of persons have hearing difficulties aside from using hearing aids. 1% of the population has difficulties with memory, concentration or during communication with others, while 4% of the population feels the difficulties of another kind.

Observed by age groups, the percentage of the population who has difficulties in performing activities of daily living is growing. In the age group under the age of 29, 1% of the population stated that they have difficulties or disorders due to a chronic disease or disability, 40% in the age group of 65 to 84 years of age, and 61% in the population older than 85 years of age. The most common cause that can hamper or reduce a person’s ability to perform his/her activities of daily living with 6% of the population is the disease, while 2% of the population stated old age as the reason, 1.2% of persons have an occupational disability acquired by occupational injury or they have an occupational disease acquired at work. 3914 persons have injuries as a cause of the disorder, which are not acquired at work or in a traffic accident. 3488 persons have birth defects and developmental disabilities, 0.3% out of the total population acquired an injury in a traffic accident, while 0.2% of the population does not know the cause of the difficulties they have. Out

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of the total number of persons with disorders 54% are women and 46% are men. Out of the total female population 12% has difficulties in performing activities of daily living, while that percentage at male population is 10%.

However, there are no comprehensive data on the number of persons with disabilities at the state level. Bodies and institutions which provide certain types of services to persons with disabilities, keep records on users of their rights and services. In addition, during the preparation of the Strategy for Combating Poverty and Social Exclusion in Montenegro, it was shown that nearly 60% of persons with disabilities live at the poverty line or below it, suggesting that this population is among the poorest and most marginalized social groups. In addition to the above-mentioned, there are numerous other factors that adversely affect the overall situation of persons with disabilities in Montenegro. Identified as weaknesses of the society which hinder the integration of persons with disabilities and their organizations into the society are:

• Tradition (prejudices, stereotypes, conservatism, intolerance); • Lack of competent personnel (decision makers, institutions); • Inadequate allocation of funds to organizations of persons with disabilities; • Misunderstanding of changes brought by the process of integration into the international community; • Lack of inter-agency cooperation; • Unconformity and inaccessibility (of physical environment, institutions, textbooks, information, etc.); • Unavailability of information; • Lack of registry of persons with disabilities in Montenegro; • Lack of awareness of the problems which persons with disabilities are faced with, their capabilities and opportunities they dispose of; • Problems which burden the cooperation between the Government and organizations of persons with disabilities, as well as among the organizations of persons with disabilities; • A small territory and small population of Montenegro; • The crisis of the family; • Low birth rates, an aging population and turning the society to prioritize the problems of the elderly; • Turning the society to itself and ignoring the needs of others (alienation of the individuals from society); • Increase of the number of people with addictions; • Increased number of patients in general (factors: stress, poor diet, pollution, war ...); • Increased aggressiveness among young people; • Increased number of traffic accidents; and • Absence and inadequacy of safety measures at work.

      

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2 LEGAL FRAMEWORK

 The Constitution of Montenegro, as the highest legal act, in Article 6 guarantees the protection of human rights and freedoms, in Article 7 promotes the prohibition of inducing or inciting of hatred or intolerance on any grounds, in Article 8 proclaims the prohibition of discrimination and in particular stipulates that ratified and published international treaties and generally accepted rules of international law make an integral part of the internal legal order and have the supremacy over the national legislation and are directly applicable when they regulate the relations differently from the internal legislation. Article 68 of the Constitution guarantees special protection to persons with disabilities.  The Convention on the Rights of Persons with Disabilities, which was ratified by Montenegro in 2009, aims to promote, protect and ensure the full and equal exercise of all human rights and fundamental freedoms by all persons with disabilities and to promote respect for their inherent dignity. The Convention is based on the following principles:

1) respect for inherent dignity, individual autonomy of persons with disabilities, including their right to make decisions about their own lives and independence of these persons; 2) non-discrimination; 3) full and effective participation and inclusion in all spheres of social life; 4) respect for differences and acceptance of persons with disabilities as part of human diversity and humanity; 5) equality of opportunities; 6) accessibility; 7) equality between men and women; 8) respect for the evolving capacities of children with disabilities and respect for the rights of these children to preserve their identity.

In accordance with the Constitution, ratified and published international treaties and generally accepted rules of international law make an integral part of the internal legal order and have the supremacy over the national legislation and are directly applicable when they regulate the relations differently from the internal legislation. In terms of the above-mentioned there is a great importance of ratification of the Convention, which is practically a part of the national legislation and is directly applicable if some issues are not regulated by domestic laws in the manner prescribed by the Convention.

 New Law on Prohibition of Discrimination against Persons with Disabilities was adopted in 2015, which is fully in compliance with the UN Convention on the Rights of Persons with Disabilities. In addition, the Parliament of Montenegro adopted a Conclusion by which it obliged the Government of Montenegro in order to implement the Law on Prohibition of Discrimination against Persons with Disabilities, to do an analysis of all regulations in the fields defined by the United Nations Convention on the Rights of Persons with Disabilities, which are covered by the Law on Prohibition of Discrimination against Persons with Disabilities, especially the fields of information and electronic communications, traffic, independent living and community living, family and marital relations, then laws defining the legal, procedural and working capacity, as

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well as the fields of education and vocational training, health care, social and child protection and adequate living standards, and in the field of political and public life; and to prepare promptly the proposals for amendments to laws in the field of traffic, health care, social and child protection; as well as that representatives of organizations of persons with disabilities and the Committee for Human Rights and Freedoms of the Parliament of Montenegro should be included in all phases of drafting the above-mentioned regulations. On the basis of adopted Conclusion, the Ministry for Human and Minority Rights has established a team of experts, including representatives of state administration bodies, the Committee for Human Rights and Freedoms of the Parliament of Montenegro, representatives of organizations of persons with disabilities, with the presence of the OSCE Mission and the UN Delegation. The subject of the analysis of the expert team was the analysis of 56 regulations, which on its basis, defined recommendations for harmonization with the Law on Prohibition of Discrimination of Persons with Disabilities and the UN Convention on the Rights of Persons with Disabilities.

 European Strategy for Persons with Disabilities 2010-2020: a renewed commitment to Europe without barriers represents a framework for action at European level as well as national activities aimed at improving the situation of persons with disabilities, regardless of gender or age.

Overall objective of the EU Strategy is to empower persons with disabilities so that they can fully exercise all rights and to have the full benefits of participation in society and economy of Europe, i.e. complete economic and social participation of persons with disabilities in community life. EU Strategy is based on the EU Charter of Fundamental Rights, the Treaty on the Functioning of the EU, the United Nations Convention on the Rights of Persons with Disabilities, resolutions of the Council of Europe and the European Parliament.

Strategy defines activities at EU level to supplement the activities undertaken at the national level, as well as the mechanisms necessary to implement the UN Convention at the EU level.

EU Strategy focuses on eliminating barriers and the European Commission (EC) has identified eight main fields for action, namely: accessibility, participation, equality, employment, education and training, social protection, health care and international activities.

  

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3 OBJECTIVES OF THE STRATEGY

 Bearing in mind the commitment of Montenegro towards accession to the EU, this Strategy follows the fields of action and time framework of the European strategy for persons with disabilities 2010-2020, with special emphasis on the results of the previous strategy, the existing legal framework and the current situation of persons with disabilities in Montenegro, determining on the basis of above-mentioned the strategic objectives in each field and specific measures and activities for achieving strategic objectives in each of the analyzed fields.

On the other hand, bearing in mind that this Strategy is not the first such document in Montenegro, the main reason for its adoption is the continued work on improving the situation of persons with disabilities and establishing the broadest legal framework for defining the policies towards persons with disabilities in accordance with the social model of disability, which was the purpose of the adoption of the previous strategy and represents a permanent commitment when it comes to the status of persons with disabilities in Montenegro with the need to involve them in all fields of society on an equal basis.

In terms of the above-mentioned, the integration of persons with disabilities means taking action in every field of this strategy on standards which imply:

-                       protection and enhancement the rights of persons with disabilities through effective system of legal protection, by developing the prevention and preventing the discrimination; -                       providing conditions for full and active participation of persons with disabilities in all fields of social life on an equal basis through the development and implementation of the policy of equal opportunities, particularly in the fields of employment, labor, education, culture and housing; -                       providing social, health care and other services to persons with disabilities in accordance with their real needs and in accordance with international standards and capabilities of the state; -                       ensuring access for persons with disabilities to their living environment, means of public transport, institutions, services, systems of communication and information, planned and designed removing of barriers and constructing accessible facilities and services; -                       sensitizing society to the problems and rights of persons with disabilities by systematic and planned education, by informing and removing existing stereotypes and prejudices.

  

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4 ACCESSIBILITY

 4.1 Overview in the field of accessibility in Montenegro  

In Montenegro, there is no single general law dealing with the issue of accessibility of persons with disabilities in all aspects of society, but this issue is treated through a number of regulations. The field of accessibility includes: accessibility to facilities (physical environment), i.e. the removal of architectural barriers in facilities, accessibility of traffic and availability of information (information-communication technologies), but because of the strategic importance of tourism in Montenegro, special attention should be paid to this segment of the accessibility.

 

4.1.1 Facilities and Space

Law on Spatial Planning and Construction as the basic law in the field of construction makes the legal basis for creating an accessible physical environment for persons with disabilities (Art. 73). This law defines that:

Construction of facilities in public use is carried out in the way that the persons with reduced mobility shall be provided unhindered access, movement, stay and work;

Construction of residential and residential-business buildings is carried out in the way that the persons with reduced mobility shall be provided access and movement in the common areas;

Residential and residential-business buildings with 10 or more apartments must be built in a way that provides for easy adaptation of the facility, at least one housing unit for every 10 apartments for unhindered access, movement, stay and work of persons with reduced mobility.

 A series of legal norms in the part related to the drafting of planning documents, issuing of urban - technical conditions, the drafting of technical documentation and its revision, the issuance of building permits, execution of construction works, supervision and issuance of certificates of occupancy, treat the problem of persons with disabilities. In fact, in the entire process of construction of facilities, starting from the drafting of planning documentation prior to issuance of the certificate of occupancy was treated accessibility to facilities for persons with disabilities.

Rulebook on detailed conditions and methods of adapting facilities for access and movement of persons with reduced mobility and persons with disabilities prescribes the conditions and methods of ensuring unhindered access, movement, stay and work of persons with reduced mobility and persons with disabilities to facilities in public use, residential and residential business buildings. In addition, the Rulebook defines the mandatory accessibility elements during the construction of facilities in public use, namely: accessibility elements to overcome height differences, accessibility elements of independent living and accessibility elements of public transport.

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Decisions on the conditions for the installation, construction and the removal of access ramps, elevators and similar objects for access and movement of persons with reduced mobility and persons with disabilities are adopted at the level of local governments that allow a significant simplification of the procedures for obtaining the necessary documentation. Local self-governments are engaged only in defining the procedure for obtaining approval for access to the facility.

 Decision on public car parks on the territory of the capital city and local self-governments defines the obligation of the municipal authorities responsible for transport affairs to designate on the general car parks the percentage of parking spaces for the vehicles of disabled persons who are blind, deaf or have a physical disability, as well as for vehicles used by children with physical, mental or sensory disability and who exercise the right to personal disability allowance and the right to care and assistance of another person.

In order to implement the measures defined in the Strategy for Integration of Persons with Disabilities 2008-2016 and action plans which define the activity of raising awareness in this field, the competent ministry held a series of roundtables and workshops where they discussed topics related to the accessibility of facilities, especially accessibility to specific facilities in the Coastal zone and national parks, tourist facilities and facilities under the protection of cultural monuments, beaches, traffic communications and access to facilities with tellers (counters) type of business, (bus, train stations, airports, post offices, banks ...). Special attention was paid to the establishment of mechanisms for inter-agency cooperation, as well as cooperation among state, local and non-governmental sectors, and the continuous implementation of the training programs for civil servants was carried out at national and local level in terms of access without barriers in order to facilitate communication with persons with disabilities. In this respect, a number of workshops and roundtables were organized in cooperation with the NGO sector dealing with issues of the status of persons with disabilities. At one of the workshops where the application of the law was perceived regarding accessibility to facilities in public use, held in 2015, it was concluded that local self-governments commit to do a database of existing facilities in public use in terms of accessibility and thereafter, based on the established priorities, in cooperation with the NGO sector, adopt action plans.

 Montenegro adopted the Action plan for adaptation of 13 facilities in public use for access, movement and use of persons with reduced mobility and persons with disabilities in 2014, which according to the opinion of representatives of non-governmental organizations involved in its development, were identified as priorities. So far, 5 out of 13 priority facilities were adapted, and there is an ongoing implementation of the remaining activities envisaged by this Action plan. Action plan for adaptation of facilities in public use for access and movement of persons with reduced mobility and persons with disabilities was adopted by two municipalities: the capital city of Podgorica and the municipality of Bijelo Polje. Analysis of accessibility of facilities in public use was done by five municipalities: Berane, Bijelo Polje, Cetinje, Podgorica and Rožaje.

It is generally accepted opinion that the legislative and regulatory framework for the physical accessibility for persons with disabilities is quite good. However, the main problem is the application in practice bearing in mind that the inspection bodies in charge of monitoring the

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implementation of regulations in the field of construction and spatial planning have no authorities to conduct supervision in each individual case.

On the other hand, persons with disabilities are not sufficiently empowered to take responsibility themselves and improve the situation in this field through civil actions. A particular problem is the physical inaccessibility of facilities of Courts at all levels.

One of the main problems in the current situation is that the term "accessibility" is still misunderstood only as "accessibility for persons with disabilities" rather than as "the ability of independent and equal participation for all". This leads that in practice very often appear "special solutions" based on the needs of persons with disabilities (design for persons with disabilities), rather than on the needs of each potential user (the concept of "design for all").

General and professional public do not pay enough attention when it comes to the diversity of the population in terms of recognizing the demands and needs of different user groups (the elderly, persons with disabilities, persons with permanent health problems, etc.). The process of planning and designing of public environment is oriented towards the "average user", furthermore, programs at universities neither recognize nor introduce the term ‘accessibility’ and the concept "design for all".

The causes of such a situation are mainly in the low level of awareness and lack of information, as well as disrespecting current technical standards for the designing. On the other hand, there is a lack of multidisciplinary and systematic approach to resolve the issue.

At the same time, there are a small number of experts in Montenegro dealing with the issue of accessibility, mainly from organizations of persons with disabilities. Besides the fact of the existence of relatively good measures and standards in the legislation of Montenegro, mechanisms for the control and development of this field have not been built yet, and it is necessary to better inform the general public, planned approach to this problem, and a more efficient use of human resources, time and funds in this field.  

4.1.2 Tourism The commitment of the Government of Montenegro that tourism should be the driving force of the economy is based on the fact that Montenegro disposes of resources essential for tourism development and that this is an activity which generates the development of other complementary activities, such as transport, trade, banking, agriculture, construction etc. In order to provide conditions that the development of tourism "produces" a number of positive economic effects, including increasing employment, raising standards of living and contributes to balanced regional development of the country, we have clearly opted for sustainable development of tourism by which an efficient use of resources is placed in the foreground.

In order to respect the basic ecological principles and the protection of biodiversity, preservation of cultural integrity on the one hand, as well as finding the best balance among economic, social and environmental requirements in preparation of planning documents on the other hand,

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principles and guidelines for sustainable development of tourism were adopted as a framework that is being applied during the development and approval of strategic documents and plans. These principles and guidelines are derived from the recommendations of the World Tourism Organization of the United Nations (UNWTO), and include, inter alia, the assessment and management of limit capacity of the area, indicators of sustainability, etc.

With a view of further improving the tourism product a number of activities have been taken, which are to a large extent related to improving the level of quality of catering accommodation capacities, and it is primarily through the process of categorization of catering facilities.

Rulebooks in the field of spatial planning and construction govern the standards of accessibility of camps and other catering facilities.

However, despite the progress achieved, it can be noted the need for further intensive measures and actions in this regard, particularly in terms of the needs of persons with disabilities. In this regard, it is necessary to pay special attention to obeying the regulations.

Namely, in addition to catering facilities that are still inaccessible to many domestic and foreign tourists with disabilities, there is also a problem due to non-adapted infrastructure, means of transport, inaccessible beaches, as well as other facilities which are a part of tourist offer (offers in national parks, museums, excursion sites ...) which means that there is room for improvement of tourist offer for this special and important segment of potential tourists.

On the other hand, when the requirements are met for Montenegro to become a member of the European Union, it is expected that the number of both domestic and European, as well as tourists from other markets will increase showing interest in coming to our country, and among them are many persons with disabilities, as it is estimated that in the EU there are about 80 million of persons with disabilities.

Therefore, it must be taken into account that for their reception it is needed an adequate, i.e. accessible offer - of the accommodation capacities, facilities, access to national parks, homesteads, cultural and historical sights, sports and recreation facilities, catering facilities, beaches, means of transport and everything that a modern guest requires.

The problems of persons with disabilities, according to the experience of countries in the region are very different and they are caused by individual needs and particularities of individual types of disability. In this regard, it is important to take care not only about the provision of physical accessibility, but also of ensuring the availability of information and communication for persons with visual or hearing impairments, and persons with intellectual and mental difficulties. Tourism professionals are still not sufficiently familiar with the ways of ensuring accessibility for these groups of persons with disabilities, as they include the various specificities (Braille, etc.), i.e. materials and labels with information in an easily understandable way for persons with intellectual difficulties.

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The right to tourism and travelling is defined as a basic human right according to General UN resolution on human rights. Persons with disabilities want to be tourists and Montenegro, in this regard, is committed to support and accept them. In Montenegro, Associations of persons with disabilities are active and they implement quality researches and projects (holding international expert meetings, workshops, round tables ...) where the participants as well as organizers are actually persons with disabilities, and thus the general public gets acquainted with the needs of persons with disabilities for more thorough involvement in all aspects of activity.

When we talk about a problem relating to the provision of accessibility to persons with disabilities, inevitably there are violations of regulations in practice but, competent inspection undertakes measures and activities after submitted initiative for violation of such regulations. However, there were few such initiatives in the current period, while there are not any in the "books of complaints".

In view of the foregoing, monitoring and implementation of existing legislation, as well as measures and activities planned by strategies should be binding, in order to prevent further discrimination against persons with disabilities in all aspects, including the sector of tourism, with the sanctioning of those who violate their rights.

Finally, when it comes to providers of tourist - catering services, an important aspect relates to their training on the needs and rights of persons with disabilities, especially those who provide services in catering facilities. Lack of awareness and information requires their training in order to adapt their accommodation and the entire offer to persons with disabilities.

 

4.1.3 Traffic Law on Roads ("Official Gazette of Montenegro", no. 42/04, 21/09 and "Official Gazette of Montenegro", no. 54/09, 40/10, 73/10, 36/11, 40/11) stipulates the legal status, development, maintenance, protection, management and financing of public roads. In this sense, the law identifies the benefits for traffic participants - disabled persons with 80 percent or more of physical disability, i.e. a persons with confirmed physical impairment which results in an inability of lower limbs with 60 percent or more, in a way that they do not pay the annual fee for registering motor vehicles and special annual fee for motor vehicles and their trailers (Art. 22).

Law on Road Traffic Safety ("Official Gazette of Montenegro", no. 33/12 and 58/14) stipulates that persons with disabilities enjoy special protection (Article 5). The said law identifies in the Definition of Terms vehicles used for the transport of persons with disability, and depending on the speed of movement and purpose they are classified into three categories of traffic participants: a pedestrian, a vehicle, a special passenger car, in relation to which categories the other participants are obliged to act with the utmost care. This regulation defines the methods of marking the vehicles whose owners or users are persons with disabilities, in order to be recognized by other traffic participants and therefore enjoy the special protection. It is stipulated that the municipality regulates traffic on its territory, inter alia, determining the spaces for parking, prohibitions of parking and places of restricted parking (which is obliged to provide free

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of charge, which number is determined by the Municipal Assembly.) Article 18, paragraphs 3 and 4, defines that due to an easier access to the car park, institutions, state administration and other bodies, public services, beaches and other facilities and areas, a person with 80% or more physical impairment or physical disability, i.e. the person who has been determined with the inability of the lower limbs of 60% or more due to physical impairment or physical disability may mark the vehicle with a sign of accessibility, by which can be also marked the vehicle of association. Accessibility sign is issued by a local authority body in charge of traffic affairs, which prescribes a way of marking parking spaces, issuing and placing the sign of accessibility, as well as the appearance and content of the sign with the consent of the state administration body responsible for health care, social and child protection affairs.

In addition, Article 56 paragraphs 1 and 2 stipulates that a driver must not stop, i.e. park a vehicle in a place that would jeopardize the safety of other traffic participants or pose an obstacle to the normal flow of traffic or movement of pedestrians, and exceptionally a driver of the vehicle marked with the sign of accessibility may stop the vehicle at the place where it is forbidden, if he/she does not jeopardize other traffic participants. Traffic participation rules are defined by these persons in order to ensure their safety. In particular, it is stipulated that the bus for the transport of persons in public transport must have two to six seats nearest to the entrance, reserved for persons with disabilities. Furthermore, the law stipulates the possibility of training persons with disabilities to become a driver, in a vehicle that is specially adapted to the needs of that person (Article 230).  Law on Road Transport stipulates the availability of transport services to all participants. This regulation created a basis that the road transport, which is regularly performed on a specific line, is made available to persons with disabilities through a special line carriage of passengers. The above-mentioned regulation, as a mandatory condition for obtaining a license for the provision of bus station, envisages "access for disabled persons", and in case of non-compliance with the said regulation the authorized inspector is obliged to take measures in accordance with the law. Providing transportation of persons with disabilities is regulated by a number of by-laws according to this law.

Other important laws in this field are: Law on Contractual Relations in Railway Transport ("Official Gazette of Montenegro", no. 41/10), Law on Air Transport ("Official Gazette of Montenegro", no. 30/12) Law on Obligations and Basic Property Relations in Air Transport ("Official Gazette of Montenegro ", no. 18/11), Law on Contracts on Road Transport ("Official Gazette of Montenegro", no. 53 /09 and 36/13)   etc.

  

4.1.4 Information and communication technologies Accessibility of information and communication technology is defined by the Law on Electronic Communications, in which persons with disabilities are identified as one of the categories of service users and special benefits in terms of choices, prices, conditions and accesses of using, as well as quality of electronic - communication services are provided by this regulation. This law stipulates the obligation of providing special benefits for persons with

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disabilities enabling them to have adequate access to publicly available telephone services and their use, including access to services, pay phones, telephone directory and service information.

This regulation envisages the construction and use of electronic communication networks, communication infrastructure and equipment, so as to provide persons with disabilities access to public electronic communication services, specific measures and benefits in terms of access to services of the Universal service, including access to emergency services, service information on the number of subscribers and telephone directory of subscribers, emergency numbers and the single emergency telephone number "112". In addition, the users who are persons with disabilities are obliged to be regularly informed by the operator on all the characteristics of services intended for this group, ensuring priority for their access to network and the elimination of all malfunctions.

A number of Rulebooks have been adopted in this field, as follows:

-                       Rulebook on the criteria for assessing the justification of requests from users for access to public electronic communication network through the Universal service, which prescribes the criteria for assessing the justification of requests from users for access to public electronic communication network and publicly available electronic communication services through the Universal service at a fixed location enabling voice communication and data transfer speed which allows functional Internet access; -                      Ordinance on the minimum set of services that includes Universal service especially envisages that the Universal Service Operator is obliged to: 1) provide telephone devices for Universal service users with visual impairments, which in addition to the usual numbering, include Braille symbols; 2) provide communication with emergency services for users with hearing impairments through the short messaging system (SMS), if the provision of services is based on mobile networks; and 3) offer price options or packages for socially vulnerable persons, persons with reduced mobility and persons with disabilities; -                       Rulebook on determining the list of categories of users with special benefits in the usage of services of Universal Service, persons with disabilities are identified as users of services of Universal Service under more favorable conditions; -                      Rulebook on the implementation of public tender and conditions for determining the Universal Service Operator; -                      Rulebook on the types of benefits and special measures for access to public electronic communication services for persons with reduced mobility and persons with disabilities, in addition to containing the definition of persons with disabilities in accordance with the UN Convention on the Rights of Persons with Disabilities, defined a number of benefits which are provided to this service user category, as follows: 1) unrestricted access to its services, including unrestricted access to emergency numbers, a single European number "112"; 2) priority in gaining access to the network, as well as elimination of malfunctions; 3) availability of appropriate terminal equipment, adapted to the needs of these persons 4) unrestricted access to their offices and retail outlets; and 5) regularly inform about all aspects of services that are intended for this group of users, and then allow the use of electronic communication services at lower prices as well as the

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purchase or rental of appropriate terminal equipment under favorable conditions, and the operators of Universal service without compensation; -                       Rulebook on the method of assessing the affordability of prices for services and special packages of the Universal service for socially vulnerable persons, persons with reduced mobility and persons with disabilities prescribes the method of assessing the affordability of prices for services and special packages of the Universal service for socially vulnerable persons, persons with reduced mobility and persons with disabilities; -                       Rulebook on the methodology of calculating the net costs of providing services by the Universal service regulates the method of calculating the net costs of tangible and intangible benefits which are taken into account when calculating the net costs of providing services by the Universal service, as well as the amount and method of payment of contributions for the compensation for the net costs of providing services by the Universal service.

In addition to the above-mentioned regulations which at quality systemic approach provide access to ICTs for persons with disabilities, it is important to note that the Ministry for Information Society and Telecommunications, in cooperation with the Association of Youth with Disabilities of Montenegro and Union of Blind of Montenegro, issued guidelines for e-Accessibility. Electronic accessibility or e-Accessibility means the availability of information and communication technologies and services to persons with different types of disabilities and represents the basic precondition of e-Inclusion (information society in which everyone is included). Accessibility of web sites (e-Accessibility) is taking into account all types of impairments/disabilities which affect the access to websites including visual, auditory, physical, cognitive and neurological impairments and speech impairments.

Ministry of Interior of Montenegro since 2010 has continuously been providing services for customers - to be home-delivered at their request: certificate of citizenship, certificate of residence, birth certificate, in electronic form, in the short term.

In addition, since August 2010 for persons with disabilities and the others who are not able to personally submit requests for issuance of identity documents (identity card and passport) and taking them over, has continuously been implementing the use of a mobile station for taking biometric and other data at the address of request submitter, including the granting of power of attorney to a person who will take official actions on behalf of the request submitter.  

 

4.2 Strategic objective in the field of accessibility in Montenegro by 2020  

Consistent application and improvement of existing regulations in order to increase the general level of accessibility of the physical environment, public transport, information – communication technologies, public facilities and services to persons with disabilities.

  

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4.3 Measures and actions to achieve the strategic objective in the field of accessibility in Montenegro

 -           Develop accessibility standards, improve and expand the existing legislation in the field of accessibility of the physical environment, means of transport, information - communication technologies, public facilities and services, taking into account the concept of universal design (design for all); -           Ensure the framework for continuous cooperation among state and local government bodies, associations concerned with improving the situation of persons with disabilities, relevant educational institutions and other actors for the development and implementation of accessibility standards; -           Continuous adaptation and reconstruction of the physical environment, means of transport, road infrastructure, parking places and public facilities in order to ensure their accessibility to persons with disabilities; -           Prepare a list of facilities in public use at local and national level; -           Make an analysis of accessibility of facilities in public use at local and national level and create electronic records with detail description of the level of their (non)accessibility in order to monitor progress in this area; -           Adopt action plans for adapting facilities in public use at local and state level to persons with disabilities; -           At the annual level the local self-governments will report the Ministry on the implementation of adopted action plans for adapting facilities in public use at local level for the persons with disabilities; -           Conduct training regarding the application of accessibility standards of relevant actors - experts in the field of architecture and construction, as well as inspectors in this field; -           Adopt and implement programs of adjustment of tourist facilities to the needs of persons with disabilities (DPs). These measures should be incorporated into the regulations on the categorization of hotel-catering facilities and adopt regulations on special labels for hotels which adapted their business and services to the needs of DPs; -           Establish standards of compulsory labeling of passenger cars used by persons with severe disabilities; -           Stipulate precisely the competence of the construction inspectorate for performing the inspection supervision over the implementation of regulations governing accessibility; -           Carry out continuous informing and training of all relevant actors through seminars and campaigns on accessibility standards, the concept of universal design and the needs of persons with disabilities, especially administrators of portals of the Government of Montenegro in terms of access to web contents for persons with disabilities; -           Ensure accessibility of services for persons with disabilities; -          Ensure accessibility of web sites of state institutions for persons with disabilities in accordance with the standards of e-Accessibility; -           Carry out continuous digitalization of public services in order to facilitate access to these services for persons with disabilities; -           Promote access of DPs to new information and communication technologies.

  

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5 PARTICIPATION  

5.1 Overview in the field of participation in Montenegro  

5.1.1 Participation in political life Persons with disabilities, for the first time, at local elections in 2014, in 14 municipalities in Montenegro, had the opportunity to fully participate in the election of councilors which was made possible by amendments to the Law on the Election of Councilors and Members of Parliament. In this way, conditions were created that the electoral material, the electoral procedure and polling stations should be accessible to persons with disabilities, regardless of the type of disability. Ministry for Human and Minority Rights, in cooperation with the Association of the Blind of Montenegro, Association of Youth with Disabilities of Montenegro and the State Election Commission conducted a pilot project enabling the visually impaired and blind persons to have entirely secret and independent ballot, using voting patterns, in the last held presidential elections.

 

5.1.2 Organizations of persons with disabilities (DPOs) and civil society

The position of DPOs is regulated by the Law on non-governmental organizations. According to this Law, the DPOs shall be established and act as non-governmental organizations (NGOs) and their position is equal to the position of all the other NGOs.

Organizations of persons with disabilities (DPOs) are financed through the projects (Commission of the Government for Allocation of Revenues from Games of Chance; Public Works of EAM; Grand Scheme of Fund for Vocational Rehabilitation and Employment of Persons with Disabilities; different tenders of local self-governments). At the local level, the position of DPOs is regulated by the Law on Local Self-Government. There is a possibility of basic funding of local organizations, but in practice we encounter with a lack of funds, which is why some municipalities do not even publicize such tenders.

Funding basic activities of organizations of persons with disabilities has not been solved, which largely prevents their functioning and development. According to the Ordinance on the criteria for determining beneficiaries and the method of allocation of revenues from games of chance to finance plans and programs to meet the needs of persons with disabilities is envisaged 40%.

The Government and local self-governments include representatives of organizations of persons with disabilities in the composition of the working groups for drafting of regulations and policies

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related to the area of disability, which is necessary to continue in the future, fully respecting the views and opinions of the representatives of the organizations of persons with disabilities.

 

5.1.3 Culture, sport and recreation

The amendments to the legislation are adopted, creating the legal requirements in terms of accessibility of sports, recreational and cultural facilities for persons with disabilities.

Ministry of Culture has done an analysis of the accessibility of national institutions of culture for persons with disabilities. According to the available information, the accessibility of facilities of culture to persons with disabilities is only partially. Situation in practice shows that areas in which are performed cultural contents (museums, archives, galleries, theater halls, cinemas, libraries) are not adequately accessible to persons with disabilities. Neither monuments nor sites of national cultural importance are accessible to persons with disabilities.

Ministry of Culture in cooperation with the Directorate of Public Works and institutions of culture insists on the construction, extension and reconstruction of facilities of culture when creating project documentation and obeying legislation in relation to accessibility to facilities for persons with reduced mobility and persons with disabilities.

When it comes to cultural properties, in accordance with legal procedure customizing them for the needs of persons with disabilities is possible only if the intervention does not distort the authenticity of cultural property.

Organizations of persons with disabilities (DPOs) have continuously been working to develop and promote various cultural contents for persons with disabilities, either independently or in cooperation with institutions of culture. The inaccessibility and lack of financial resources prevent the organizations to fully support the development of the artistic potential of persons with disabilities. In addition, due to inaccessibility, persons with disabilities are, to the greatest extent, unable to be spectators of various programs from the culture.

Upon entering into force of the Law on Non-Governmental Organizations (NGOs) in 2012, the amendments to the Law on Culture were adopted by which cease financial support of the NGO sector. As organizations of persons with disabilities are a part of the NGO sector, their activities in the field of culture are no longer supported. Law on Cinematography stipulates that the public interest in cinematography includes increasing the availability of cinematographic works for persons with disabilities. Public institution in the field of culture which encourages and promotes cultural creativity of visually impaired persons is the Library for the Blind. The library was founded in 2004 and the funds for the work of this institution are provided from the state budget. The aim of the establishment of the Library is the availability of books in electronic form that users receive in the audio record.

Sports clubs of persons with disabilities and organizations of persons with disabilities have continuously been working to promote different sports. Remarkable results were achieved -

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increasing the number of persons with disabilities who are engaged in some kind of sport, as well as the number of sports clubs. However, financial unsustainability and the inaccessibility of facilities and conditions prevent sports clubs of persons with disabilities to develop capacities which meet the needs of persons with disabilities. Great importance in the development of sport of persons with disabilities has Paralympic Committee, which has implemented a number of programs involving the participation of persons with disabilities and children in sports activities.

When it comes to standards, a set of laws in the field of culture, the promotion of creativity of persons with disabilities is treated as a segment of the public interest, and in this way seeks depending on the objective circumstances, financial resources and priorities to strengthen the cultural policy of improving conditions for the accessibility of cultural content.

Ministry of Culture has continuously been encouraging the development of cultural and artistic creativity through a public tender, in which persons with disabilities have the right to participate, and projects are evaluated according to the statutory criteria, which inter alia, include the contribution to the affirmation of their creativity. A great number of projects in various fields is financially supported within the tender (music, literature, theater, film, events), whether persons with disabilities directly participated in them and who are also their authors or conceptually intended for them.

Generally speaking, enhancing the accessibility of cultural policy is the theme on which improvement has continuously been working in relation to the above-mentioned segments.

Comparing experiences of previous years there is a continuing intention to find conditions for more efficient involving of persons with disabilities in cultural life.

  

5.2 Strategic objective in the field of participation in Montenegro by 2020  

Creating conditions for undisturbed participation in public life and exercise the fundamental rights of persons with disabilities on an equal basis with other citizens.

 

5.3 Measures and actions to achieve the strategic objective in the field of participation in Montenegro

 -   Ensure that voting procedures, polling stations and materials should be appropriate, accessible and easy to understand for persons with disabilities; -   Continuous adaptation of culture and sports and recreational facilities in order to be accessible to persons with disabilities; -  Improving access to cultural contents in formats accessible to persons with disabilities (to improve following the programs using modern means of communication in order to make information available in adequate formats, such as: closed captioning (subtitle the movies), print in Braille the schedules of cultural events, subtitle the performances, etc.);

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-  Stimulate the organizers of cultural events, especially those with a long tradition, to intensify the participation of persons with disabilities; - Enable the implementation of the right to a free seat for representatives of organizations of persons with disabilities in local and national Parliament; -  Enhance the program development policy in the field of culture for persons with disabilities; -   Enhance the sports development policy for persons with disabilities; -   Enhance the sports development policy for persons with intellectual disabilities; -   Strengthen the capacity of the Paralympic Committee; -  Create conditions for the implementation of recreational and sports programs for persons with disabilities; -   Systematic raising awareness on the rights and potentials of persons with disabilities in the culture.

  

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6 EQUALITY

 6.1 Overview in the field of equality in Montenegro  

The fundamental rights are the basis of every civilized society and legally regulated country. Their implementation must be guaranteed and uninterrupted. The UN Convention on the Rights of Persons with Disabilities with the Optional Protocol is the most important international treaty that was ratified by Montenegro and therefore committed to taking measures that will guarantee its full implementation, as well as the respect and observance of the rights of persons with disabilities.

In the preparation of negotiations on accession to the European Union in the field of the EU acquis, the Government of Montenegro has opened the negotiation Chapter 19-Social policy and employment, as well as the negotiation Chapter-23 Judiciary and Fundamental Rights, which to the greatest extent deal with the issue of persons with disabilities. A special part of the Chapter - 23 is dedicated to the institutions and bodies of the exercise, promotion and protection of human rights in the legal system of Montenegro and the relationship between a citizen and public administration.

In order to monitor the compliance of legislation with the EU acquis, Montenegro has adopted a number of regulations, which guarantee full respect for human rights of persons with disabilities.

The most important regulations in this field are:

1. Law on Prohibition of Discrimination, the area of protection against discrimination regulates in a systematic way. The law itself contains developed and concretized protection against discrimination and defined institutional mechanisms for the protection: the Protector of Human Rights and Freedoms (Ombudsman), to whom citizens can address with the complaint; the courts, i.e. the right to file a lawsuit; misdemeanor bodies; as well as inspections in terms of supervision in the areas of: providing services, construction, health care, education and sports, labor and employment, safety at work, transport, tourism and other areas. The amendments to the said Law of 2014 introduced the promotion of equality as a significant activity in order to prevent discrimination. Law on Prohibition of Discrimination identifies "disability" as a ground of discrimination (Article 2), and defines discrimination against persons with disabilities, as the inaccessibility to approach facilities and areas in public use for persons with reduced mobility and persons with disabilities, i.e. preventing, restricting or impeding the use of the above-mentioned facilities in a manner that it is not a disproportionate burden on the legal or natural person who is obliged to provide it. There is a discrimination against persons with disabilities in case when specific measures are not taken to eliminate the limitations, i.e. unequal position of these persons;

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2. Law on Prohibition of Discrimination of Persons with Disabilities (abbreviation: LPD DPs) is the most important legal act which guarantees the prohibition of discrimination against members of the above-mentioned population, respecting the principles of tolerance and equality. The new Law on Prohibition of Discrimination of Persons with Disabilities is in full compliance with the UN Convention on the Rights of Persons with Disabilities. This law, in a quality and comprehensive way identifies and regulates the prohibition of discrimination against persons with disabilities and introduces penal provisions which prescribe very high penalties for committed discrimination against members of this population (the prescribed penalties for the offense are in the range from €10,000 to €20,000 for each legal person that commits discrimination, and € 5,000 to € 6,000 for entrepreneurs).

A significant innovation in the monitoring and implementation of the Law represents defining 13 measures by which the role of the Ministry for Human and Minority Rights is further enhanced in the process of monitoring the implementation of this Law, and therefore the protection of the rights of persons with disabilities from discrimination and the promotion of equality. One of these measures includes the development of a new strategic document, which will deal with the prohibition of discrimination of this social group and the creation of conditions for the achievement of equality of persons with disabilities with the others. In this regard, the Ministry for Human and Minority Rights is in the process of preparing for drafting the Strategy for the protection of persons with disabilities from discrimination and the promotion of equality for the period 2017-2021, with the Action Plan for 2017.

 Institutional framework for implementation, promotion and protection of human rights in the legal system of Montenegro consists of governmental and independent institutions in which are classified: the Constitutional Court, the Protector of Human Rights and Freedoms (Ombudsman), the Committee on Human Rights and Freedoms of the Parliament of Montenegro, the Ministry for Human and Minority rights, the Council for protection against discrimination of the Government of Montenegro.

The Constitutional Court decides on the conformity of laws with the Constitution and confirmed and published international agreements; the conformity of other regulations and general acts with the Constitution and the law; the constitutional complaint for the violation of human rights and freedoms guaranteed by the Constitution, after the exhaustion of all effective legal remedies and other issues in accordance with the Law.

The Institution of the Protector of Human Rights and Freedoms of Montenegro (Ombudsman) since the adoption of the Law on the Protector of Human Rights and Freedoms (Ombudsman) has become an institutional mechanism for the protection of human rights and freedoms and protection against discrimination, and since the adoption of the Law on Prohibition of Discrimination its jurisdiction and procedure in cases of discrimination, including the discrimination of persons with disabilities, have been specified by this law.

In the executive power, the primary role has the Ministry for Human and Minority Rights when it comes to the protection of human rights and the protection against discrimination of persons

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with disabilities, and the promotion of equality and tolerance. This Ministry, inter alia, performs activities related to: the protection of human rights and freedoms, if this protection is not within the jurisdiction of other Ministries; the protection against discrimination and the promotion of equality; the coordination of activities aimed at protecting persons with disabilities from discrimination and the promotion of equality of these persons with other persons; monitoring the implementation of international standards for the protection of persons with disabilities and taking measures for their implementation in the legal system; the preparation of a strategic document relating to the protection of persons with disabilities from discrimination and the promotion of equality of these persons with other persons; organizing researches and analysis in the field of protection of persons with disabilities from discrimination and the promotion of equality of these persons with other persons; the cooperation with the local self-government in the field of protection of persons with disabilities from discrimination and the promotion of equality of these persons with other persons; establishing cooperation with NGOs in the field of protection of persons with disabilities from discrimination and the promotion of equality of these persons with other persons; eliminating stereotypes and prejudices about persons with disabilities; organizing of trainings for different target groups in order to raise awareness about persons with disabilities and their rights and other activities related to the protection of members of this population.

The Council for Protection against Discrimination of the Government of Montenegro, which operated from 2011 until February 2016, afterwards it ceased to work as, in the meantime, significant progress was made in improving anti-discrimination legislation, as well as the strengthening of institutions responsible for the implementation of this legal framework, and training in providing protection against discrimination and promoting anti-discriminatory behavior and practice. Therefore, it was decided that the Council shall cease to work, and its competences shall take the line ministries and other institutions of the system, which are responsible for the implementation of policies for protection against discrimination.

 By enactment of the Law on Prohibition of Discrimination of Persons with Disabilities, the rights of persons with disabilities for the first time are viewed from the aspect of human rights, on the basis of which the issues of protection against discrimination and the promotion of equality are transferred to be under competences of the Ministry for Human and Minority Rights, which undertakes a range of activities aimed at improving the situation of persons with disabilities and the promotion of equality.

In this regard, the Ministry for Human and Minority Rights since 2011 has continuously been conducting a media campaign which aims to raise public awareness and promote anti-discriminatory behavior in Montenegro. The last such campaign, which was implemented in 2015, took place under the title: "Respect for diversity. Reject discrimination. Accept a man". The media campaign was conducted through broadcasting of TV video clips and radio jingles on public and private television stations, then putting up of billboards in key locations in Montenegro, publishing of advertisements in daily newspapers and printing and distributing of flyers. Printed materials were, for the first time, accessible to persons with visual impairments, i.e. they were printed in Braille. In addition, the Ministry for Human and Minority Rights has continuously been conducting trainings on human rights on the basis of determined "Curriculum for training of civil servants, judges, prosecutors and employees in other bodies, organizations

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and institutions which come into contact with cases of discrimination", which as an objective have a quality implementation of anti-discriminatory legislation. So far a number of cycles were implemented, in the period 2011-2015. All training courses are based on standards defined by international legal documents. Representatives of the judiciary, ombudsman, NGOs, regional units and local units of police in Montenegro and   representatives of local self-governments, inspection services were included in trainings in the previous period.

Ministry for Human and Minority Rights has continuously been conducting researches on the level of discrimination and intolerance, as well as the level of social and ethnic distance towards certain social groups, as well as monitoring the attitudes of citizens of Montenegro on the occurrence of discrimination. The results of the last research in December 2015 showed that according to the opinion of the citizens of Montenegro, Roma are the most discriminated, then homosexuals, afterwards persons with disabilities. These results coincide with the results of previous researches, whereas percentage of discrimination of persons with disabilities decreased, compared to research results from previous years (2011 and 2013).

  

6.2 Strategic objective in the field of equality in Montenegro by 2020  

Improving the normative framework, through harmonization of regulations in Montenegro with the UN Convention on the Rights of Persons with Disabilities. To ensure full implementation of the Law on Prohibition of Discrimination and the Law on Prohibition of Discrimination against Persons with Disabilities.

  

6.3 Measures and actions to achieve the strategic objective in the field of equality in Montenegro  

-   Monitoring the implementation of international documents and conventions, as well as adopted international standards for the protection of persons with disabilities, taking measures for their implementation in the legal system of Montenegro and monitoring compliance with these documents; -   Preparation of strategic document relating to the protection of persons with disabilities from discrimination and the promotion of equality of these persons with other persons as well as monitoring the implementation of the Strategy; -   Organizing researches and analysis in the field of protection of persons with disabilities from discrimination and the promotion of equality of these persons with other persons; -   Cooperation with local self-government in the field of protection of persons with disabilities from discrimination and the promotion of equality of these persons with other persons; -   Cooperation with non-governmental organizations in the field of protection of persons with disabilities from discrimination and the promotion of equality of these persons with other persons;

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-   Eliminating stereotypes and prejudices about persons with disabilities, as well as harmful actions which discriminate these persons in all spheres of life, including prejudices based on gender and age; -   Organizing trainings for different target groups in order to raise awareness of persons with disabilities and their rights; -   Raising public awareness of persons with disabilities and their rights, including work with children, from an early age and throughout all levels of the education system; -   Encourage the media to promote the rights and protection from discrimination of persons with disabilities and training on the use of terminology that is harmonized with the adopted international documents.

 

7 EMPLOYMENT

 7.1 Overview in the field of employment in Montenegro  

Law on Professional Rehabilitation and Employment of Persons with Disabilities, which was adopted in 2008 and amended in 2011, in a comprehensive manner regulates legally the issue of professional rehabilitation and employment of persons with disabilities. The Law regulates the manner and procedure for exercising the right to professional rehabilitation of persons with disabilities, measures and incentives for their employment, financing and other issues of importance for professional rehabilitation and employment of persons with disabilities. The main objective of the Law is to create conditions for increasing the employment of persons with disabilities and their equal participation in the labour market, with the elimination of barriers and creation of equal opportunities. In order to implement this Law, several bylaws were adopted. The Law defines the quota system of employment, i.e. the obligation of the employer to employ a certain number of persons with disabilities in accordance with the total number of employees. If the employer does not employ a certain number of persons with disabilities, he/she is obliged to pay a special contribution for professional rehabilitation and employment of persons with disabilities. From this Fund the resources are allocated for the measures and activities of professional rehabilitation for unemployed and employed persons with disabilities, co-financing of special organizations for employment, active employment policy programs involving the persons with disabilities, subsidies for salaries, financing grant schemes and financial assistance. The Law provides specific organizations such as institutions for professional rehabilitation, work center, protective workshop and protective facilities. Also, the Law stipulates that an employer that employs a person with disabilities shall exercise the right to subsidies, namely: grants for adapting the workplace and working conditions for employment of persons with disabilities in the amount of 100% of justified expenses, credit funds under favorable conditions for the purchase of machines, equipment and tools required for the employment of persons with disabilities, participation in financing the personal cost of assistants of persons with disabilities and wage subsidies of employed persons with disabilities. Persons with disabilities are one of the categories of persons facing the greatest obstacles in employment. In the records of Employment Agency of Montenegro on 31/12/2015 there were 1 640 persons with disabilities, of which 1 064 are disabled workers (315 women) and 576

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categorized persons (221 women). On 31/12/2015 93 employers are entitled to wage subsidy for 128 employed persons with disabilities (49 women). Out of the 128 employed persons with disabilities, 97 are employed for an indefinite period of time. Most of these persons are employed in non-governmental organizations, especially organizations of persons with disabilities and by private employers, while regarding the employment in the public sector there is no data.

In order to implement the measures and activities of professional rehabilitation and employment of persons with disabilities and other hardly employable persons, in the EAM there are first instance and second instance commission for the professional rehabilitation. In 2015 the first instance commissions provided the findings and opinions on the determined percentage of disability for 462 persons (50% women), for inclusion in the measures and activities of professional rehabilitation of 157 persons with disabilities; on the remaining work capacity for 86 persons with disabilities and evaluation of the possibility of employment for 21 persons with disabilities, 726 decisions were issued.

Ministry of Labour and Social Welfare in cooperation with the Employment Agency of Montenegro has continuously been implementing active employment policy measures according to the plan and program of work of the Ministry. Of the total number of participants of professional rehabilitation, in the appropriate measures were included 37 employed persons (16 women). After implemented measures and activities of professional rehabilitation, four persons entered into employment. During the period of professional rehabilitation, persons with disabilities receive financial assistance for the purpose of costs for transport and food and with them are concluded the contracts on the allocation of this assistance.

The EAM, in cooperation with other social partners, for several years has implemented public works, as a measure of active employment policy in which persons with disabilities and other hardly employable persons are employed for a definite period of time, lasting between three and six months.

Employers who hired persons with disabilities were eligible for the wage subsidy. Therefore, in 2015 were employed 41 persons with disabilities for an indefinite period of time by 33 employers and 67 for a definite period of time by 41 employers. The right to subsidy – allocation of grants for adapting the workplace and working conditions was realized by 17 employers for 26 employed persons, while 17 employers were eligible for a subsidy - the allocation of funds for personal expenses of (workplace) assistant for 24 employed persons with disabilities. On 31/12/2015 93 employers exercised the right to wage subsidy for 128 employed persons with disabilities (49 women), of whom 97 persons are employed for an indefinite period of time.

However, it is evident that there is a lack of employment of persons with disabilities, and there are a number of reasons for that:

-           the presence of prejudice of employers against abilities of persons with disabilities; -           inaccessible environment, lack of adaptation of jobs and working environment including the inaccessibility of buildings, which prevents the arrival and stay of persons with disabilities at the premises of many employers;

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-           the existence of a number of unemployed persons who have not defined the status of persons with disabilities; -           the fact that a number of persons with disabilities exercised the right to disability or survivor's pension even though they are able to work and do not dare to enter into employment by which they would lose the pension; -           low levels of social support; -         the lack of motivation for seeking employment, which is often caused by the overprotection of the family and use of social benefits as a sort of traps for social security; -          inadequate educational structure of unemployed persons with disabilities, lack of knowledge or work experience as well as numerous barriers in the field of education attainment.

 Persons with disabilities are not sufficiently informed about their rights regarding involvement in the labour market. Despite the existence of a legal framework for the implementation of the program of professional rehabilitation and stimulation of faster employment of persons with disabilities and their equal participation in the labour market, their effect in practice is still lower than expected.

This is particularly evident in the fact that the employers in accordance with the Law on Professional Rehabilitation and Employment of Persons with Disabilities rather decide to pay a special contribution to the Fund for Professional Rehabilitation than to employ persons with disabilities, which subsequently leads to insufficient use of resources from the Fund for Professional Rehabilitation and Employment of Persons with Disabilities.

Also, in Montenegro there is no official database that contains the exact number neither of unemployed nor employed persons with disabilities, assessment of working abilities and acquired qualifications and skills they learned. In the future this database should be created based on which these persons could be additionally trained and trained for other jobs in accordance with their possibilities.

The cooperation between education and employment sector is not at an adequate level, therefore, in the future educational programs adjusted to the persons with disabilities have to be coordinated with the needs of the labour market.

The motivation of the economy and business sector for using the benefits for employment of persons with disabilities is low and the indicator is that the majority still chooses, as already stated, to pay the resources into the Fund for Professional Rehabilitation instead of hiring this population.   

7.2 Strategic objective in the field of employment in Montenegro by 2020 

To improve conditions for increasing the employability of persons with disabilities and their equal participation in the labour market, by removing barriers and creating equal opportunities for greater employment of persons with disabilities in Montenegro through their education,

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trainings and vocational training, as well as the adjustment of the labour market for persons with disabilities.

  

7.3 Measures and actions to achieve the strategic objective in the field of employment

 -                  Improve the legislative framework regulating the field of professional rehabilitation and employment of persons with disabilities, -                  Design and implement active policies of employment of persons with disabilities, -                  Encourage self-employment and develop programs to support entrepreneurship and the establishment of small and medium sized enterprises by persons with disabilities; -                  Conduct continuous education programs for professionals and staff working in services of professional rehabilitation and employment of persons with disabilities, -                  Improve the recording system of unemployed and employed persons with disabilities; -                  Encourage and support the inclusion of women with disabilities in the labour market; -                  Developing of social/societal entrepreneurship.    

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8 EDUCATION AND TRAINING

8.1 Overview in the field of education and training in Montenegro  

The education system in Montenegro comprises: preschool education, primary education, secondary general education (gymnasium), vocational education, higher education. Adult education is part of the overall system and is implemented at all levels of education. When it comes to the education of children with developmental disorders, persons with disabilities, it is organized in three basic forms: regular school classes - as the first choice, special classes in regular schools (primary schools), resource centers -when it is the only and best interest.

 In the previous period there was an evident progress in the implementation of inclusive education. Despite visible progress, there are possibilities for the improvement, primarily in creating adequate conditions (available space, equipment, tools, adjusted way to provide services), in a more intensive development of support systems and the development of inter-sector cooperation that will allow a better flow of information.  For the monitoring of the development and improvement of inclusive education it is important the existence of precise data on coverage of children of preschool, primary and secondary school age, as well as the data on students with disabilities. Accordingly, it is important to create and continuously update a central database (data on the number of included persons by levels of education, on the assessment of their needs and the needs of schools, as well as the level of realization of these needs). The level of achievement is reflected in the fact that the system is established and the database on children and pupils with developmental disorders at central and local level per type and disorder is created. The database contains information on the number of children, conditions that are necessary to be provided for their timely and appropriate involvement in the process of education. Based on this database it is performed the evaluation of the needs of children and the schools in which they are included. When it comes to statistics, it should be noted that the education system uses the term: children/pupils with special educational needs1- a term that is more comprehensive. Comparing data from the database updated by the Ministry of Education (based on the decision on orientation) and the data collected by the ICT sector through MEIS application (Montenegro Education Information System) based on several criteria: developmental disorder, making of IROP2, the decision on orientation etc. it is evident that a number of children did not go through the orientation procedures.

One of the possible reasons for this is the inadequate flow of information from the level of early detection and intervention (for which is responsible the department of health protection) to the

1children with disabilities - children with physical, mental and sensory impediment and children with combined impediments; children with developmental disorders - children with behavioral disorders; severe chronic illnesses; long-term sick children and other children who have learning difficulties and other difficulties caused by emotional, social, linguistic and cultural barriers (Law on Education of Children with Special Educational Needs). 2 IROP: Individual Development and Education Program - regular curricula is modified and adapted through individual development and education programs.

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education system, and therefore the lack of information and the resistance of parents towards this procedure. In addition, it should be noted that the number of children with the decision on orientation increases over the years.

The field of education is regulated by a set of laws and regulations that contain norms relating to the education of persons with disabilities. In the previous period the legislation was amended in order to improve inclusive education in accordance with international standards. The laws prescribe a range of solutions in order to ensure equal educational opportunities for all children with disabilities and developmental disorders and the adults with disabilities. Among other things, they provide: that the standards of knowledge shall be gained according to the individual development and educational programs (adjusted programs, with additional conditions and aids, that the form and duration of assessment of knowledge in relation to national vocational qualifications shall be adjusted), that for the pupils/students shall be implemented the principle of affirmative action in enrollment in secondary school/studies, that teaching for persons using sign language i.e. special alphabet or other technical solutions shall be performed in sign language and through the tools of the language, that the adults with disabilities shall be included in the educational program adjusted to them concerning conditions, content and method of implementation. It is regulated the provision of equal opportunities of education for all children through optimal development, individual approach and providing support (adjusted work methods, teaching assistants, mobile services). Despite good solutions, it is necessary to fully align the legislation with the United Nations Convention on the Rights of Persons with Disabilities. Article 24 of this Convention refers to education in terms of realizing this right without discrimination and on an equal basis with others, through the provision of inclusive education system at all levels and lifelong learning. In addition, there is a need for improvement of the implementation. Mechanisms for monitoring the implementation of the legislative process are not sufficiently developed.

At the local community level the commissions for orientation of children with special educational needs (POP) in the educational system are appointed (18). The Commission, consisting of experts of various profiles, proposes the program, additional expert assistance, staff, space, material and other conditions which must be provided. In the previous period, the commissions passed many targeted and thematic trainings in order to establish new values and principles, to raise the level of competence, the manuals are also prepared, in order to improve the work of these commissions.

Using the recommendations of the commissions, in educational institutions are made individual development and education programs (IROP) for each child. IROP is improved and in addition to the target plan focuses on activities aimed to meet the needs of children. It is designed the form of Individual Transition Plan (ITP): professional orientation and preparation for employment and independent living. It is prepared the technical literature which serves as a support for teaching and professional staff in this field.

In accordance with the directions of development of the Strategy for Inclusive Education, the recommendations of the research conducted in order to determine current practices and offer a model of engagement of assistants, as well as the responsibilities of the Government, the Ministry of Education directed the educational institutions to become independent contractors. It

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was pointed out to the responsibilities of employees in school towards children with special educational needs and teaching assistants in the classroom, that the IROP is backbone of work and that the extent of support provided by the assistant is defined by alignment of IROP with the school timetable. Through a consultative process, a proposal of qualification, standards and job description of teaching assistants are made.

Special institutions are reformed into resource centers and oriented to support inclusive education (early intervention, mobile activities, education, specialized teaching aids, etc.).

Children with moderate and severe disorders are included in the special classes in seven regular schools. These pupils attend joint teaching of certain subjects with their peers in regular classes.

At the beginning of the school year, the Bureau for Education Services publishes the Catalog of accredited programs for training of teachers which also offers the programs that relate to inclusion. In addition, NGOs hold seminars on topics of inclusive education.              The provision of education for adults with disabilities is currently being implemented by active employment policy measures implemented by the Employment Agency of Montenegro. At the request of the Employment Agency of Montenegro, VET Center developed several educational programs for the training for particular professions. Also, non-governmental organizations licensed programs (and their number is growing) and implemented them through the projects financed by the Fund for Employment and Professional Rehabilitation of Persons with Disabilities.

The Ministry of Education in 2010 established a working group for the standardization of sign language in Montenegro. This working group has done the basics of sign language in Montenegro, using the UNESCO definition of sign language. It is made a theoretical basis, dactylology and Dictionary of basics of sign language in Montenegro, Resource Centre of Kotor accredited the training program within the Bureau for Education Services. Therefore, it is licensed for adult training programs.

Mechanisms for monitoring the implementation of the legislative process are not developed. There is a need to improve in the educational institutions "ownership over implementation of policy", i.e. inclusive practice. The available financial resources are indicated as noted shortcomings during the implementation of measures. Inter-sector cooperation is underdeveloped. Architectural obstacles and other adjustments in terms of accessibility are not overcome to the extent of the needs of the participants of this process. Support to regular schools should be more comprehensive. Support to students in the form of assistance in the classroom needs to have a sustainable and standardized model.

Teaching and assessment of knowledge at universities are not sufficiently organized to meet the needs (accessibility, assistive technology, etc.). During initial education the practical skills of future personnel that will work at inclusive principles need also to be strengthened.

There is insufficient number of educational programs for adults adjusted to persons with disabilities, therefore, those who completed the school in the past are registered in the records of

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the EAM with no chance for employment since former programs were not aligned with preserved abilities of these persons. In the future, we should work on the development of education and training programs so that the persons with disabilities could be trained for new occupations in accordance with their possibilities.

  

8.2 Strategic objective in the field of education and training in Montenegro by 2020

 Ensuring the right to education without discrimination and inclusive education system for all at all levels as well as lifelong learning directed to the full development of human potentials, dignity and self-worth through the involvement in the general education system, with reasonable adaptation to the needs of individuals.

No child to be excluded from free and compulsory primary education, or from secondary education, with the support within the general education system in order to facilitate effective education and individualized support measures in environments that support social development in line with the aim of full inclusion.

 

8.3 Measures and actions to achieve the strategic objective in the field of education and training in Montenegro

 -           Improve the normative acts in order to be harmonized with the UN Convention on the Rights of Persons with Disabilities and mechanisms to monitor the implementation of the legislative process; -           Improve inter-sectoral and inter-institutional cooperation, notably by forming tripartite bodies (education, health and social protection) in order to create conditions that will allow equal conditions for education as well as monitoring the process of education; -           Improve the orientation process with continuous training of commissions in accordance with the needs and empower parents to see it as a support for child; -           Constantly improve the recording and monitoring the coverage of children with developmental disorders, persons with disabilities through all levels of education; -          Improve basic education and professional development of teachers and other professionals in order to improve the quality and inclusiveness of the teaching process, implementation of individual strategies of work (development and implementation of IROP, the adjustment of the teaching process and environments, etc.); -           Strengthen the support system in inclusive education for fulfillment of developmental and educational needs, with a focus on inclusion in secondary schools, not only in vocational high schools, but also in gymnasiums.-           Ensure systematic, sustainable and adequate system of assistance in teaching for pupils who have the need for this kind of support; -           Ensure, promote and support the continuity of education and the transition of pupils from one level of education to another.

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-           Making education institutions accessible in accordance with the legislation and ensure adequate specialized aids, adjusted didactic and teaching resources, accessible literature (Braille alphabet or electronic or audio format), other assistive support and technology, manuals; -           Provide support for enrollment in institutions of higher education, for exercising the right to free education and accommodation in a student hostel, then adjust the teaching, provide adjusted literature, adequate teaching aids, assistive technology, create the conditions for the provision of assistance in teaching students with disabilities; -           Introduce a sign language interpreter services in all levels of education according to the needs; -           Provide education of adults with disabilities in accordance with the law; -           Continuously work to improve awareness of the general public about the benefits of inclusive education.

 

 

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9 SOCIAL PROTECTION

9.1 Overview in the field of social protection in Montenegro 

Social and child protection of persons with disabilities in the past eight years was improved, not only by introducing new rights, which are related both to the financial benefits and services, but also by increasing the amount of financial benefits.

In the normative regulations in this field, in addition to the Law on Social and Child Protection ("Official Gazette of Montenegro 27/2013), which was adopted after almost 10 years of application of the previous law, several new laws in this field were adopted, and for some of the existing laws are adopted the amendments. Thus, in this field are also relevant the Law on Social Housing, the Law on the Movement of Persons with Disabilities with Assistance Dog ( "Official Gazette" 76/09 and 40/11); Law on Pension and Disability Insurance ("Official Gazette of Montenegro", 54/03, 39/04, 61/04, 79/04, 14/07 and 47/07 and "Official Gazette of Montenegro", 79 / 08, 14/10, 78/10, 34/11, 66/12, 38/13, 61/13, 60/14 and 10/15), the Law on Benefits ("Official Gazette", 80/08, 40/11 and 10/15) and the first Law on Prohibition of Discrimination against Persons with Disabilities ("Official Gazette", 35/15 and 44/15), as well as the entire set of bylaws, by which are created the prerequisites for better achieving of social protection of vulnerable population. Some of these regulations in the past period were amended, because the practice has shown that it is necessary to draft amendments and certain improvements of adopted laws, precisely in order to improve the situation of persons with disabilities.  In the field of social protection are established basic financial benefits: financial support; personal disability allowance; allowance for care and assistance; health protection; funeral expenses; one-time financial assistance, child allowance; food costs in preschool institutions; assistance for the education of children and young persons with special educational needs; reimbursement of salary compensation and salary compensation for maternity or parental leave; financial allowance for the birth of a child; reimbursement of salary compensation and salary compensation for part-time work, and the amendments to the Law on Social and Child Protection from 2015 introduced a compensation for the parent or guardian-caregiver of the person who is beneficiary of personal disability allowance.

Also in the previous period the law stipulated that the right to personal disability allowance shall have a person with severe disabilities, thereby eliminating the possibility of discrimination against persons with disabilities in relation to the time of occurrence of disability and years of life, as it was previously the case.

In addition to the exercise of right to basic financial compensation on the basis of disability, in the past period the beneficiaries of the right to allowance for care and assistance of another person and personal disability allowance were eligible to subsidy of bills for electricity, telephone communication and use of water, which also contributed to the improvement of material situation of this population in Montenegro.

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Law on Pension and Disability Insurance, which was amended in 2011, stipulates that the right to old age pension upon completion of 20 years of insurance, regardless of the age, shall have a parent who has a child, regardless of the age of the child, with severe disabilities, who is a beneficiary of personal disability allowance. The amount of pension for the parent of child with severe disabilities, who is the beneficiary of personal disability allowance, shall be increased by 20%.  Law on Social and Child Protection recognized the following groups of services: assessment and planning, support for community living, advisory-therapeutic and social-educational services, accommodation, immediate interventions and other services.  In addition to financial benefits in the field of social and child protection, a lot of effort was made to adopt the standards and to develop the support services for community living. Support services for community living are: daily stay, home assistance, supported housing, shelter, personal assistance, interpretation and translation into sign language and other support services for community living.

Law on Social and Child Protection is clearly oriented towards pluralism of services in the system of social and child protection. Activities in the field of social and child protection, i.e. certain services, in accordance with the Law may be provided by the association, entrepreneur, company or natural person, in accordance with the Law.

In accordance with the Law on Social and Child Protection in 2015 was adopted the Rulebook on detailed conditions for the provision and use, norms and the minimum standards of support services for the community living ("Official Gazette", 30/15). The Rulebook prescribes detailed conditions for the provision and use of services, norms and the minimum standards of support services for the community living. It is stipulated that the service of daily stay shall be provided to: a child with developmental disorders and to the young person; child with behavioral disorders; adult and old person with disabilities. Home assistance service shall be provided to: a child with developmental disorders and young person; adult and old person with disabilities. Supported housing service shall be provided to: a child without parental care, who is at least 16 years of age; a person who was a child without parental care, from 16 to 23 years of age; adult and old person with disabilities. The service of shelter shall be provided to a child without supervision of parents, adoptive parents or guardians. This Rulebook determined the standards for personal assistance service, which is particularly important. The service of personal assistance is provided to the beneficiary of allowance for care and assistance who is employed, i.e. included in higher education system, i.e. adult education system.

Activities that support the stay of beneficiary in the family or the immediate environment are implemented by state, local, NGOs and private providers, financed from the budget of Montenegro or as the project activities through the tender for allocation of the part of the revenue from games of chance, through the public works implemented by the Employment Agency of Montenegro, as well as the tender for grant schemes, through the various tenders and donations from local self-governments, EU funds etc. 

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In the previous period, the mapping and analysis of social protection services in all Montenegrin municipalities was done and the base of local social protection services was created. 23 social protection services are supported: day care centers for the elderly, personal assistance services and day care centers for persons with disabilities, SOS telephones, shelter for victims of violence, family counseling services, services of rehabilitation and resocialization of users of psychoactive substances, home assistance and mobile teams for the old persons with a focus on rural areas in the municipalities of Bar, Nikšić, Bijelo Polje, Šavnik, Plužine, Mojkovac, Ulcinj, Podgorica and Cetinje.  In order to establish standards in the social and child protection, the Law on Social and Child Protection prescribes the mode of work of social welfare centers, licensing of professionals and service providers, accreditation of training programs, i.e. programs of provision of service, supervision of professional work and inspection of providers of services and the establishment of the Institute for Social and Child Protection, which started operating last year. The Law determined the procedure for obtaining licenses for organizations and experts in the field of social and child protection, as well as the procedure of accreditation of training programs, i.e. programs of provision of service in which it is assessed whether the training program, i.e. program of provision of service intended for expert and professional staff meets determined accreditation standards.

Ministry of Labour and Social Welfare prescribed detailed conditions for the provision and use of services, norms and the minimum standards by adopting the following rulebooks:

-           Rulebook on detailed conditions for the provision and use, norms and the minimum standards of accommodation service for adults and the elderly ("Official Gazette of Montenegro, 58/14); -           Rulebook on detailed conditions for the provision and use of services, norms and the minimum standards of accommodation services for children and young persons in an institution and a small home community ("Official Gazette of Montenegro, 43/14); -          Rulebook on detailed conditions for the provision and use of services of family placement-foster care and family placement ("Official Gazette of Montenegro, 19/14); -           Rulebook on detailed conditions for the provision and use of, norms and the minimum standards of services for the community living support ("Official Gazette of Montenegro", 30/15); Rulebook on detailed conditions for the provision and use, norms and the minimum standards of advisory-therapeutic and socio-educational services.

Ministry of Labour and Social Welfare also adopted the Rulebook on detailed conditions for the issuance, renewal, suspension and revocation of licenses for the performance of social and child protection activity. This Rulebook prescribes detailed conditions for the issuance, renewal, suspension and revocation of licenses, as well as the form of the license for performing activity of social and child protection.

 Within the Directorate for Social and Child Protection of the Ministry of Labour and Social Welfare is established the Authority for the Development of Services that will deal with the issues of development, i.e. financing of services at the local level and at the state level, which will contribute to the improvement of the protection of vulnerable groups of population.

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 It should be noted that at the moment in Montenegro there are day care centers for children with developmental disorders in 10 municipalities - in Bijelo Polje, Pljevlja, Plav, Berane, Mojkovac, Nikšić, Cetinje, Herceg Novi, Ulcinj, which is an important service for the specified population, and are formed in cooperation between the Ministry of Labour and Social Welfare and local self-governments and non-governmental sector. The construction of three more centers is ongoing. Day care centers for children with developmental disorders are organized as public institutions of social and child protection, whose founders are the municipalities. The centers are established and operate under the system of state-public partnership and the stay of the children is paid by the relevant ministry. Their activity is primarily daily stay, socialization of children with developmental disorders and their inclusion in the community. A significant number of associations of parents of children with developmental disorders are founded in almost all municipalities in Montenegro, where important services are provided to children and youth with developmental disorders, such as: service of special education support, psychological, speech therapy, physiotherapeutic, legal-administrative support as well as personal assistance service and assistance to the family.  The Ministry of Labor and Social Welfare implemented the introduction of the project "Social Card - Social Welfare Information System in Montenegro". The project represents one of the basic pillars of further improvement of reform of the social protection system, and the introduction of social welfare information system enables the creation of single 'social card' of citizens involved in social welfare programs, as well as the exchange of information between all relevant institutions of the system at national and local level. Some of the most significant advantages of thus defined SWIS are: improved targeting of resources and reduction of the costs for social benefits (equity and efficiency), reducing the costs of system administration, improved security and availability of data from the social welfare system, ensuring the data relevant to the management of the social welfare system and creating the social welfare policy, improving overall services to citizens, especially disadvantaged and vulnerable groups of the population.

Also within the project “Enhancing Social Inclusion" implemented by the Ministry of Labour and Social Welfare, in cooperation with the Ministry of Education, UNDP and UNICEF, and supported by the Delegation of the European Union, the component 2 is focused on the reform of the social protection system in Montenegro, and the component 3 on the reform of the child protection system. Project activities are also related to the local level. Here the aim is to develop planning at the local level and the establishment of social services in the community, which will respond to the needs of vulnerable groups, their greater social inclusion and improving the quality of life in the natural environment.  In recent years the country made significant effort not only to raise the standards of institutions for accommodation of beneficiaries (construction, renovation, adaptation, etc.), but also to invest in the training of personnel and to change the awareness and attitudes on the protection of children and adults with disabilities. Continuous monitoring is implemented and is enhanced the professional supervision of institutions for social and child protection by the Ministry of Labour and Social Welfare in order to control the quality of services, especially when it comes to persons with disabilities and protection of their human rights.

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During the reform of social welfare centers, it is introduced the method of case management as the main method of work in the center, and in 2015 all social welfare centers started with this method of work. Great attention was paid to the education and training of all employees who deal with children with developmental disorders and adults with disabilities. Within the trainings which in the last year were continuously being implemented by the Agency, such as training for case managers, training for the work of multidisciplinary teams for protection against domestic violence, training for the development of individual plans for children and persons who are institutionally placed, a part of the trainings was related to the work with persons with disabilities and children with developmental disorders in order to efficiently sensitize the professionals in CSW and institutions for work with this socially vulnerable category of beneficiaries. With the support of UNICEF was also provided the training of all employees in all day care centers in Montenegro, and within the project of transformation of Public Institution “Komanski most", “Mladost" in Bijela were also engaged expert consultants, with whom are held training programs both of employees of these institutions and the representatives of social welfare centers.

Due to the complexity of matters relating to the regulation of the right to introduction of services of sign language interpreters, Ministry of Labour and Social Welfare delayed the adoption of standards for this service during the adoption of a set of services, which are regulated by the Rulebook on detailed conditions for the provision and use of services, norms and the minimum standards of services for the community living support. It is planned that the special rulebook, which will be adopted in 2016 defines the criteria and standards relating to this service.

It should be noted that in 2015, local plans for improvement of social inclusion were adopted - the development of social protection services in 15 municipalities.

In December 2013 the Government of Montenegro adopted and forwarded to the competent UN Committee, the Initial Report on the Implementation of the Convention on the Rights of Persons with Disabilities in Montenegro.

Council for the care of persons with disabilities, which currently exists as a body, formed by Minister of Labour and Social Welfare and composed of representatives of relevant ministries, state bodies and institutions and representatives of NGOs dealing with the rights of persons with disabilities. The Council is chaired by the Minister of Labour and Social Welfare and at the sessions are discussed all issues of interest for persons with disabilities in Montenegro, also many initiatives are taken, precisely by NGO representatives, concerning the improvement of the situation of persons with disabilities in Montenegro.  In order to promote and raise awareness of the reform of the social and child protection system was created internet portal http://www.inkluzija.me/ for the exchange of experiences of knowledge and information between the providers of social protection services, beneficiaries and other stakeholders.

According to the Law on Social Housing ("Official Gazette of Montenegro", 35/13), the Government of Montenegro adopted the Decision on the criteria and procedure for granting

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long-term loans to natural persons in order to provide residential building for social housing ("Official Gazette of Montenegro", 72/2015). This decision determined the priority target groups in exercising their right to solve the housing needs by approval of long-term loans for the purchase of individual residential building, in particular have: single parents, i.e. guardians of persons with disabilities, family households whose member is a person with disabilities, family households with children with developmental disorders, young persons who were children without parental care and victims of domestic violence. The Government of Montenegro in 2014 also adopted a program of social housing for 2014-2016, and the local social housing programs were brought by the municipalities of Andrijevica, Bijelo Polje, Berane, Žabljak, Kolašin, Mojkovac, Nikšić, Plav, Plužine, Pljevlja, Old Royal Capital Cetinje, Tivat, Capital Podgorica, Rožaje and Ulcinj.  However, a number of measures stipulated in the Strategy of 2007 was not implemented, partly because of unrealistic planning, partly because of a lack of capacities (human resources and material) for the implementation of the plan.

The least progress in the previous period was in the monitoring and control of quality of service provision and service for children with developmental disorders and persons with disabilities. Also there were not enough information and educational activities, which would ensure that all service providers are informed about the minimum standards prescribed by the secondary legislation in this field.

It remains a challenge to expand the network of day care centers for children with developmental disorders, for the children in those municipalities in Montenegro where there are no day care centers and to develop the services for persons with disabilities, particularly personal assistance services and assistance to the family. Very little has been done in terms of improving the quality of social housing for persons with disabilities in Montenegro.

Also, the lack of support services for adults with intellectual disabilities in Montenegro puts them into the most vulnerable group of citizens. These persons are not included in the supportive services, therefore, they are often placed in institutions of long-term care or they are in home isolation. In order to improve their position it is necessary to work on the opening of day care centers for the persons older than 27 years of age and protective workshops to contribute to the achievement of social inclusion.

Services of personal assistance and home assistance are not adequately developed, therefore it should be worked on the development of these services in the next period.

In Montenegro there are no services: respite care for parents of children with severe disabilities and supported housing for persons with disabilities.

 

9.2 Strategic objective in the field of social protection in Montenegro by 2020 

Ensure the inclusion of persons with disabilities into society through the establishment of sustainable and modern social protection system with the improvement of living standards of all

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persons with disabilities in Montenegro, with particular attention to persons who need the highest level of support, who, due to their health condition and the inaccessibility of various services, are not able to earn for themselves and ensure living standards in accordance with international standards.  Improve the quality of social housing for persons with disabilities.

 In the field of pension and disability insurance to ensure the implementation of international standards related to this field.

  

9.3 Measures and actions to achieve the strategic objective in the field of socialprotection

- Encourage efficiency of assessment of disability and form the Register of persons with disabilities by inter-sector action of the Ministry of Health, Ministry of Labour and Social Welfare and the Ministry of Education;

- Develop the Register of persons with disabilities in the Institute of Public Health;  - Ensure sustainability of the social protection system for the persons with disabilities; -Improve legal regulations in the field of social protection including the re-examination of social benefits on the basis of disability according to the level of support necessary for full inclusion in the community, by reviewing the rights relating to the financial assistance and services for persons with disabilities; - Take measures in order to ensure that a greater number of social protection institutions are made fully accessible for persons with disabilities; - Accredit and implement special programs for training of employees in social and child protection; - Informing the members of the social and medical commissions about the rights of persons with disabilities; - Provide systematic and organized professional development of service providers for persons with disabilities in the spirit of the social model; - Provide access to information and informing persons with disabilities on the social protection rights on the websites of MLSW and state institutions in accessible formats; - Establish and develop new/missing services based on researched needs of beneficiaries (day care centers for young persons and adults with disabilities, centers for the promotion of independent living of persons with disabilities; sign language interpreter; services for psychological empowerment; specialized and weekend foster care for children with developmental disorders etc.); - Consider financial support for parents who are persons with disabilities; - Improve the protection of children and young persons with developmental disorders without parental care; - During the innovation of the Law on Pension and Disability Insurance take into account of compliance with international standards in this field.   

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10 HEALTH

10.1 Overview in the field of health in Montenegro  

Health activity is an activity of public interest and is implemented based on the principles of comprehensiveness, accessibility, continuity, integral and specialized approach and continuous improvement of the quality of health care.  Law on Health Care specified that in the exercise of the right to health care all citizens are equal, regardless of nationality, race, sex, age, language, religion, education, social origin, property status or other personal characteristic.

The new Law on Health Insurance ("Official Gazette of Montenegro", 6/2016) defined the rights of the insured persons of compulsory and supplementary health insurance (Article 5, 16, 18 and 20). This Law also provides the adoption of bylaws.

Law on the Rights of Patients ("Official Gazette of Montenegro", 40/2010) determines the patients' rights. In the exercise of these rights to each patient shall be ensured the respect for human dignity, physical and mental integrity and protection of these rights. The equal right to quality and continuous health care is guaranteed to each patient according to his/her health condition, generally accepted professional standards and ethical principles, with the right to relieve pain and suffering at every stage of disease and condition, at all levels of health care.

Law on Amendments to the Law on the Protection and Exercising of Rights of Mentally Ill Persons ("Official Gazette of Montenegro", 27/2013) was adopted in June 2013, inter alia, defines that electroconvulsive or hormonal treatment, in addition to already prescribed conditions may be used with the approval of the ethical committee of the psychiatric institution; it shall be prohibited to apply psychosurgery to mentally ill persons, that biomedical researches shall not be implemented on the mentally ill person who is unable or does not want to give his/her consent.

According to the Law on the Data Collection in the Field of Health ( "Official Gazette of Montenegro", 80/08 and 40/11 ) it is provided the creation of the Register of illnesses of greater socio-medical significance, contagious diseases and other conditions related to the health of the population which also comprises the Registry on health care of children and youth with psychophysical developmental disorders and psychosocial disorders. The Institute of Public Health will keep the register.

In order to improve the quality of health care in 2012 was adopted the National strategy for improving health care quality and patient safety with the plan of action 2012-2017.

In the Ministry of Health, Directorate for controlling and improving the quality of health, monitors the improvement and promotion of indicators of quality and work results within the health care of persons with disabilities. All health institutions at the end of 2010 appointed the protectors of the rights of patients, which started the work in January 2011. The total number of complaints about the work of public health institutions in 2015 was 1906. Ministry of Health participated in the development of Analysis of compliance of legislation in Montenegro with the

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recommendations for harmonization with the Law on Prohibition of Discrimination against Persons with Disabilities.

Within the normative regulations it is important to note adopted amendments to the Rulebook on indications and mode of use of medical rehabilitation in health care institutions dealing with specialized rehabilitation ("Official Gazette", 74/06 and 30/10).

The Rulebook on exercising the right to medical and technical aids ("Official Gazette of Montenegro, 24/13 and 26/14) is currently in force and defines indications, types of aids and deadlines.

Rulebook on detailed conditions regarding standards, norms and manner of exercising the right to primary health care through the chosen team of physicians or chosen physician ("Official Gazette", 10/08 and 1/12) prescribes the indoor visit of physiotherapist. The Ministry of Health in cooperation with the Resource Centre of Kotor conducted the training for the use of sign language of health care workers at all levels of health care from December 2013 to June 2015. The list of health care workers who completed this training was published on the website of the Ministry.

 In cooperation with UNICEF the Ministry of Health in 2015 initiated the activities to develop Guidebook for counseling health care workers regarding the work with the families of newborn with developmental disorders. Special attention is paid to mental health as an important component of overall health. The Ministry of Health, in cooperation with the EU Delegation in Montenegro, implemented the project "Strengthening capacities in the field of mental health in Montenegro", during which the training of health workers was also conducted. In accordance with the Action Plan for the improvement of mental health in Montenegro 2011-2014, the Government adopted a new Action Plan for 2015-2016.

 In Montenegro there is a specialized institution for spa and medical treatment and physical rehabilitation for persons who suffered a physical disability or suffering from some diseases that lead to reduced physical abilities (CNS injuries, injuries and damage to the locomotive apparatus, neuromuscular disease, etc.). In addition to this institution, as part of the 6 hospitals in Montenegro there are departments for partial physical rehabilitation.  In the field of access to public health institutions it is made an analysis which was presented at the conference 'Buildings used by the public at the local level", organized by the Ministry of Sustainable Development and Tourism in December 2015. In the part relating to the provision of accessible outpatient clinic in the Clinical Center of Montenegro, General Hospital in Cetinje, Primary Health Care Center in Pljevlja are provided gynecological tables adjusted to women with disabilities. For the purpose of availability of dental care for children with disabilities in 2015 were provided the funds for the purchase of mobile dental unit for the repairing of teeth under general anesthesia, for dental clinic of Clinical Center of Montenegro. 

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In the field of health care of children with developmental disorders, as part of the reform of health care at the primary level, in primary health care centers in Montenegro are established the centers for support to children with developmental disorders. Counseling centers for reproductive health, maternity hospital, neonatology departments, chosen pediatricians etc. send newborns at high risk and children with developmental disorders to these Centers, with or without referral letter. The Centers organize training of professional teams (pediatrician, nurse, psychologist, speech therapist, physiotherapist and special education teachers), who were previously trained under special programs to provide services to children with developmental disorders up to the age of 14. The content of the work of the teams of these Centers includes: early detection, monitoring and treatment of children with psychomotor dysfunction, as well as the creation of programs for inclusion of children with developmental disorders in educational institutions. Also, the Centers for support organize the work of counseling centers for children with other chronic diseases and disabilities that may affect their normal growth and development. Through the work of these counseling centers children and their parents receive comprehensive information and advice on the manner and style of life with their disease. In the Centers for support to children with special needs in 2015 the total number of services was: Primary Health Care Center in Herceg Novi - 4806, Primary Health Care Center in Berane - 4763; Primary Health Care Center in Pljevlja - 1025; Primary Health Care Center in Bijelo Polje - 6635, Primary Health Care Center in Podgorica - 16901, Primary Health Care Center in Bar - 5330; Primary Health Care Center in Rožaje – 246. 7 Centers for children with special needs are working within the health care system in Montenegro in order to provide early intervention services for children with disabilities, which in so far practice proved as insufficient to meet the real needs of children for early rehabilitation. This lack of above-mentioned is mitigated by NGOs, which within their projects deal with providing these services, but it is unsustainable and inadequate solution that has its shortcomings (lack of quality control, it is not continuous and does not follow the standards in health care). In the primary health care system the concept of social inclusion has not been adequately understood yet, which is reflected in the lack of adequate integration of this system with the system of social protection and education. At the level of support for parents there is no counseling and psychological support for the parents in order to accept their child's condition in less stressful way to and be informed about all kinds of support in the health system for their child.

In addition to improving early intervention services it is necessary to conduct the trainings for primary health care (chosen pediatricians) on the system of functioning of social inclusion and connect them with the representatives of preschool institutions and institutions of social protection. It is also necessary to establish an adequate system of information, psychological counseling, parents of children with developmental disorders from their stay in the maternity hospital.

In particular, it should be noted that within several programs and projects NGO sector played an important role and from funds financed by the state through the public works of Employment Agency of Montenegro, the Tender for allocation of the part of the revenue from games of chance, through donations, tenders of Capital Podgorica and other local self-governments, etc., is

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provided the provision of support services which contributed to the quality of health of persons with disabilities and children with developmental disorders. 

10.2 Strategic objective in the field of health in Montenegro by 2020 

The strategic objective in the field of health in Montenegro by 2020 is: based on the principle of equal access to the health care services the improvement of the health of persons with disabilities and their families, through the development of a comprehensive system of health care at the primary, secondary and tertiary level, sensitive to general and specific health care needs of persons with disabilities and benefits for them.  

10.3 Measures and actions to achieve the strategic objective in the field of health

-          Ensure permanent updating of information in the field of health care for children with disabilities; -              Improve the use of medical rehabilitation for persons with disabilities; -              Ensure greater scope and level of quality of services in the field of medical and technical aids for persons with disabilities; -              Continue activities at ensuring the accessibility of health care institutions for persons with disabilities and accessible formats on medicines and other products in the health sector; -      Improve the service of early diagnosis, intervention and support for children with developmental disorders and their families in the health care system with a focus on autism; -            Continue developing of physiotherapy services at home for persons with disabilities; -           Develop good relationships between beneficiaries (persons with disabilities) - health care workers.

  

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11 CONCLUSION

 11.1 Providing resources to achieve strategic objectives In order to implement this Strategy and to achieve intended objectives, it is necessary the assessment of the necessary financial resources for its implementation.

The methodology of calculation of the possible funds intended for persons with disabilities during the implementation of the Strategy should be based on established strategic goals and anticipated measures and activities for their implementation. Projections should be made by applying simple statistical methods, because they are in this case more suitable for carrying out valid quantifications. In doing so, it must be taken into account:

1. multi-sectoral approach to the issue of improving the situation of persons with disabilities; 2. the need that persons with disabilities are equal citizens with all the rights and responsibilities and the possibility to participate in decision-making on issues of interest for the overall development of the country and for improvement of the personal and living standard of all citizens; 3. realistically possible dynamics of economic development of Montenegro in the period up to 2020.

  

11.2 Monitoring the implementation of the Strategy  

Further elaboration of this Strategy should include the development of action plans and define concrete tasks and activities, whose implementation will carry out priority objectives and measures established by this document aimed at improving the situation of persons with disabilities in all aspects of life. Action plans will determine the holders of specific activities for all planned measures and activities, as well as the resources necessary for their implementation.

Ministry of Labour and Social Welfare, together with local self-government representatives, NGOs and other social actors for the purpose of implementation of this Strategy, will carry out continuous monitoring and evaluation of the achieved results and in accordance with this knowledge will propose appropriate measures and activities. The success of realization of this Strategy will be monitored using indicators that will measure the efficiency and effectiveness of the proposed measures.

The team will be formed to evaluate the implementation of this Strategy. The evaluation team monitors and evaluates the activities and the results of the Strategy as well as action plans and projects developed on the basis of action plans and reports periodically, once a year. Team for monitoring the implementation of the Strategy creates the Report on the implementation of the Action Plan of the Strategy for the integration of DP 2016-2020 in the first quarter of calendar year for the previous year. The report should reflect the actual state of the implemented measures and activities. The success of implementation of the measures and activities will be measured

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through realized results (qualitative and quantitative), as well as indicated concrete reasons why a measure or activity is not realized in the planned scope and which institution is responsible for.

This team consists of members who are representatives of the Ministry of Labour and Social Welfare, local self-government, organizations that provide services to persons with disabilities.

An integral part of the Strategy for Integration of Persons with Disabilities in Montenegro is Action Plan for its implementation, as well as the form of the Report on implementation of the Action Plan for its implementation. Local self-government will develop the activities for the municipality area using its action plans. The costs of creating the conditions for implementation of the Strategy for Integration of Persons with Disabilities in Montenegro are not fully specified in this document, because most of the planned activities related to the creation of the legislation system is within the scope of regular activities of the Ministry of Labour and Social Welfare and other relevant authorities. The costs of establishment and work of individual institutions of social and child protection (construction and equipping of facilities, etc.) will be provided by the founders.   

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