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M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 19 – Social Policy and Employment.

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Presentation on theme: "M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 19 – Social Policy and Employment."— Presentation transcript:

1 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 19 – Social Policy and Employment Bilateral screening: Chapter 19 PRESENTATION OF MONTENEGRO Brussels, 11- 1 3 March 2013

2 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union ANTI DISCRIMINATION AND EQUAL OPPORTUNITIES Igor Vučinić Advisor Ministry of Human and Minority Rights e-mail: igor.vucinic@mmp.gov.meigor.vucinic@mmp.gov.me

3 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Anti Discrimination and Equal Opportunities ANTI DISCRIMINATION AND EQUAL OPPORTUNITIES INTERNATIONAL LEGAL FRAMEWORK MAJOR INTERNATIONAL TREATIES RATIFIED OR ACCEDED TO BY MONTENEGRO International Covenant on Civil and Political Rights and the two Optional Protocols, International Covenant on Economic, Social and Cultural Rights, International Convention on the Elimination of All Forms of Racial Discrimination, UN Universal Declaration of Human Rights UN Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol, UNESCO Convention against Discrimination in Education UN Convention on the Rights of the Child, including both Optional Protocols, UN Convention for the Prevention and Punishment of the Crime of Genocide, UN Convention on the Suppression and Punishment of the Crime of Apartheid, International Convention on the Protection of the Rights of Migrant Workers, UN Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention, European Convention on Human Rights and Fundamental Freedoms and its Protocols, European Social Charter (revised) Framework Convention for the Protection of National Minorities – Council of Europe European Charter for Regional or Minority Languages European Convention on the Exercise of Children 's Rights European Convention on Nationality

4 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Anti Discrimination and Equal Opportunities ANTI DISCRIMINATION EU Law C2010/083/01 Treaty on European Union Title I: General provisions Article 2 (OJ C 83, 30.3.2010, p. 17) National legislation The Constitution of Montenegro lays down a general framework of guarantees for anti- discrimination through: Emphasis on the state system basis promoting tolerance, respect for human rights, multiculturalism, the rule of law, equality of national minorities with other citizens, sustainable development and social justice (Preamble of the Constitution) Principles of prohibition of inflicting or encouraging hatred or intolerance on any grounds (Article 7); prohibition of any direct or indirect discrimination, on any grounds (Article 8); primacy of confirmed and published international treaties in relation to national legislation, the equality of all before the law (Article 17); equality of men and women (Article 18)

5 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Anti Discrimination and Equal Opportunities In addition, the Constitution guarantees equality in the rights and freedoms to everyone (Article 19), and to the minorities a set of special rights they can use individually or in community with others (Article 79): expression, protection, development and public expression of national, ethnic, cultural and religious particularities; the right to use their national symbols; use of language and script; education in their own language and script; establishment of educational, cultural and religious institutions; the entry of names in their own language and script; use of toponyms and writing them in the language of a minority in areas populated by minority groups; authentic representation in the parliamentary bodies and proportional representation in the service of the administrative bodies; informing in their language, keeping contacts with their compatriots outside the country; and establishment of councils for the protection of their rights.

6 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Anti Discrimination and Equal Opportunities ANTI DISCRIMINATION General framework of anti-discrimination is established with a systemic Law on Prohibiting Discrimination. Article 2 of this stipulates anti- discrimination on any grounds. It also defines discrimination and determines definitions of direct and indirect discrimination. Law or Minority Rights and Freedoms stipulates equality of minorities and other minority ethnic communities with other citizens and equal legal protection, as well as punishability any violation of the rights of minorities and other minority ethnic groups (Article 49). The level of the guaranteed rights is defined by the confirmed international treaties and the level of exercising minority rights and freedoms already so far (Article 5). Law or Social and Child Welfare stipulates general clause on non- discrimination in exercising rights from social and child welfare, according to which all citizens are equal irrespective of their national affiliation, race, sex, language, religion, social background, or other personal attributes.

7 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Law on Gender Equality defines it as equal participation of men and women in all fields of public and private sector, equal status and equal opportunities for exercising all rights and freedoms and using personal knowledge and abilities for social development, and for taking benefit from the results of work (Article 2). Gender-based discrimination, according to this Law, is any legal or factual, direct or indirect differentiation, privileging, exclusion or restriction based on gender due to which a person is aggravates or denied recognition, enjoyment or exercise of human rights and freedoms in political, educational, economic, social, cultural, sports, civic, and other fields of public life (Article 4). Anti Discrimination and Equal Opportunities

8 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union ANTI-DISCRIMINATION GENERAL NATIONAL FRAMEWORK OF INSTITUTIONS FOR THE PROTECTION FROM DISCRIMINATION Montenegro Parliament as a law-maker Protector of Human Rights and Freedoms in Montenegro Constitutional Court General jurisdiction courts in Montenegro Justice courts Montenegro Government as the bearer of strategic documents and action plans for their implementation Ministry of Labour and Social Welfare, Ministry for the Protection of Human and Minority Rights, and the Ministry of Justice within their competencies Working bodies in charge of the implementation of public policies (committees, councils) Anti Discrimination and Equal Opportunities

9 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Activities Amendments to the discrimination legislation for the compliance with the EU law and internal conformation of regulations (definitions in the Law on Prohibiting Discrimination, Law on Gender Equality and other regulations) Anti Discrimination and Equal Opportunities

10 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union FIGHT AGAINST DISCRIMINATION EU LEGAL FRAMEWORK C2010/083/01 Treaty on the Functioning of the European Union Part 2: Non-discrimination and Citizenship of the Union Article 19 (OJ C 83, 30.3.2010, p. 56) Anti Discrimination and Equal Opportunities

11 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union FIGHT AGAINST DISCRIMINATION INTERNAL LEGAL FRAMEWORK Fight against discrimination includes several sectors of the legislative activity: criminal law, general administrative regulations, social welfare... In the part of criminal-law protection, Criminal Code stipulates special criminal act of inciting national, racial, and religious hatred (Art. 370). In the Art. 443 of the Criminal Code stipulates a criminal act of racial and other discrimination: “A person who, on the grounds of the difference in race, skin colour, nationality, ethnical background, or some other personal attribute, violates fundamental human rights and freedoms guaranteed by the generally accepted rules of the international law and the ratified treaties...” Anti Discrimination and Equal Opportunities

12 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union FIGHT AGAINST DISCRIMINATION INTERNAL LEGAL FRAMEWORK Law or Public Peace and Order, in the Art. 19 stipulates a tortuous liability which implies sanction for the hate speech: “A person who, on a public place, through speech, heading, sign or in some other way insults another person on the grounds of national or racial affiliation, or religious denomination, ethnical background or some other personal attributes...” Article 20 of the same Law stipulates a tortuous liability of the legal person if it “...produces, or places on-market, or, in some other way, makes available to the public a sign, drawing, or an object insulting another person on the grounds of national or racial affiliation, or religious denomination, ethnical background or some other personal attributes...” Anti Discrimination and Equal Opportunities

13 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union FIGHT AGAINST DISCRIMINATION INTERNAL LEGAL FRAMEWORK Law on Prohibiting Discrimination stipulates several possibilities of the legal protection for the victims of discrimination: Filing a complaint to the Protector of Human Rights and Freedoms as a form of special proceedings (Article 22) Judicial protection in the form of a special claim or a statement of claim in the proceedings upon the res principale concerning the protection of some other subjective right (Article 24) Inspection according to which all inspection bodies are obliged to control a subject and undertake measures in case it is possible to determine the existence of discrimination in this way (Article 32). Fine sentences, ranging from two hundred-fold to three hundred-fold amount of the minimum wage in Montenegro, are stipulated for the violations of certain provisions of this Law Anti Discrimination and Equal Opportunities

14 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union FIGHT AGAINST DISCRIMINATION INTERNAL LEGAL FRAMEWORK Law on Protector of Human Rights and Freedoms is a national and institutional mechanism for the protection from discrimination (Article 27). He/she acts upon the representations and, with the consent of the discriminated person, undertakes measures of protection; and when he/she deems necessary, initiates himself/herself proceedings of protection before the court or appears as an intervener on the side of the discriminated person. Law on Gender Equality stipulates that gender equality is ensured with general and special measures (Article 8.). General measures are measures stipulated by the law. They prohibit discrimination in a certain field on the ground of gender, or impose appropriate behaviour in certain conditions in order to achieve gender equality, and stipulate sanctions in the event of violation of the stipulated prohibitions, or orders, including passing declarations, resolutions, and by-laws (Article 9). Anti Discrimination and Equal Opportunities

15 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union FIGHT AGAINST DISCRIMINATION INTERNAL LEGAL FRAMEWORK Special measures (Article 16) are especially: 1)positive measures which, under equal terms, give precedence to persons of underrepresented gender, or persons who are in an extremely disadvantaged position based on gender, until equal representation, or the goals determined for the introduction of these measures are reached; 2)incentive measures that provide special benefits or introduce special incentives in order to abolish the unequal representation of women or men, or the unequal treatment based on gender; 3)program measures that imply activities for education, or fostering and establishing gender equality. Anti Discrimination and Equal Opportunities

16 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Activities Amendments to the discrimination legislation so that it complies with the EU law and recommendations of the international bodies. Amendments to the Criminal Code so that all risk groups would be included in the status of victim Amendments to the Law on the Protector of Human Rights and Freedoms in the part of actual competence concerning discrimination Anti Discrimination and Equal Opportunities

17 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union EQUALITY EU LEGAL FRAMEWORK C2010/083/02 Charter of Fundamental Rights of the European Union Title III: Equality (OJ C 83, 30.3.2010, p. 389–403) Anti Discrimination and Equal Opportunities

18 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union NATIONAL LEGAL FRAMEWORK The Constitution of Montenegro determines the principle of equality before the law, in enjoyment of religious rights and freedoms, in exercising protection of rights and freedoms. Special measures for exercising equality are directed to the protection of certain categories, such as children, pregnant women, senior citizens, minority groups. Law on Prohibiting Discrimination, in the Art. 3, stipulates that everyone, to whom the regulations of Montenegro are applicable, is entitled to the right to protection from discrimination. The following are stipulated as special forms of discrimination: harassment, mobbing, segregation, discrimination in using facilities and spaces in public use, discrimination in providing public services, health condition based discrimination, age discrimination, political discrimination, discrimination in education and vocational education, discrimination in work, discrimination based on religion and beliefs, discrimination of persons with disabilities, discrimination based on gender identity and sexual orientation (Art. 7-19). Anti Discrimination and Equal Opportunities

19 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union NATIONAL LEGAL FRAMEWORK Law on Minority Rights and Freedoms (Art. 4): Members of minority nations and other minority national communities are equal with other citizens and enjoy equal legal protection. Law on Gender Equality (Art. 2): Gender equality implies equal participation of women and men in all parts of public and private sector, equal status and equal opportunities for exercising all rights and freedoms, and use of personal knowledge and abilities for social development, as well as taking equal benefits from the results of work. Law on Social and Child Welfare (Art. 5): In exercising the rights from social and child welfare, the citizens are equal regardless of the national affiliation, race, gender, language, religion, social background, or other personal attributes. Anti Discrimination and Equal Opportunities

20 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union NATIONAL LEGAL FRAMEWORK Law on Prohibiting Discrimination of Persons with Disabilities This Law is, inter alia, based on the principles of fostering inclusion of persons with disabilities in all parts of society on the principles of equality; inclusion of persons with disabilities in all processes deciding on their rights and obligations; equality with other persons in exercising rights and obligations of persons with disabilities (Art. 3). Labour Law Direct and indirect discrimination is prohibited against persons seeking employment, as well as against the employed, with regards to gender, birth, language, race, religion, skin colour, age, pregnancy, health condition, or disability, nationality, marital status, family responsibilities, sexual orientation, political or other belief, social background, financial standing, membership in political and trade union organizations, or some other personal attributes (Article 5). Anti Discrimination and Equal Opportunities

21 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union NATIONAL LEGAL FRAMEWORK Law on Employment and Exercising the Rights of Unemployment Insurance Exercising rights on the grounds of unemployment is based, inter alia, on the principles of: anti-discrimination, gender equality, and affirmative action against hard-to-employ persons (Article 5). Law on Civil Servants and Government Employees Positions of civil servants or government employees are, under equal terms, available to all candidates (Article 10). Health Care Law In exercising rights to health care, citizens are equal, regardless of national affiliation, race, gender, age, language, religion, education, social background, financial standing, and other personal attributes (Article 4). Law on Vocational Rehabilitation and Employment of Persons with Disabilities Direct and indirect discrimination is prohibited in the course of vocational rehabilitation, employment, as well as during the employment of a person with disability (Article 5). Anti Discrimination and Equal Opportunities

22 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Activities Amendments to the discrimination legislation so that it complies with the EU law and recommendations of the international bodies. Amendments to the law in the part of definitions of discrimination and their harmonisation on the level of the framework law Anti Discrimination and Equal Opportunities

23 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union EQUAL OPPORTUNITIES EU LEGAL FRAMEWORK C2010/083/01 Treaty on European Union Title I: General provisions Articles 2 and 3 (OJ C 83, 30.3.2010, p. 17) Anti Discrimination and Equal Opportunities

24 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union NATIONAL LEGAL FRAMEWORK The Constitution of Montenegro determines the principle of equality (Article 17), guarantees equality of a woman and a man, and develops the policy of equal opportunities (Article 18), and Art. 19 stipulates that everyone has the right to equal protection of his/her rights and freedoms. Law on Prohibiting Discrimination, in the Art. 3, stipulates that everyone, to whom the regulations of Montenegro are applicable, is entitled to the right to protection from discrimination. Law on Minority Rights and Freedoms (Art. 4): Members of minority nations and other minority national communities are equal with other citizens and enjoy equal legal protection. General Law on Education (Article 9): Montenegrin citizens are equal in exercising rights to education, irrespective of national affiliation, race, gender, language, religion, social background, or other personal attributes, and foreign citizens may be educated as Montenegrin citizens under the terms of reciprocity. Foreign citizens, with a temporary or a permanent residence in Montenegro, are equal in exercising rights to education with citizens of Montenegro, pursuant to the special law. Anti Discrimination and Equal Opportunities

25 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union ELIMINATION OF INEQUALITY AND GENDER EQUALITY C2010/083/01 Treaty on the Functioning of the European Union Part one: Principles Title II: Provisions Having General Application Article 8 (OJ C 83, 30.3.2010, p. 53) C2010/083/02 Charter of Fundamental Rights of the European Union Title III: Equality Article 23 (OJ C 83, 30.3.2010, p. 396) Anti Discrimination and Equal Opportunities

26 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union NATIONAL LEGAL FRAMEWORK The Constitution of Montenegro determines the principle of equality (Article 17), guarantees equality of a woman and a man, and develops the policy of equal opportunities (Article 18), and Art. 19 stipulates that everyone has the right to equal protection of his/her rights and freedoms. Law on Gender Equality (Article 2): Gender equality implies equal participation of women and men in all fields of public and private sector, equal status and equal opportunities for exercising rights and freedoms and using personal knowledge and abilities for social development, and for taking benefit from the results of work. Law on Civil Servants and Government Employees (Article 10): Positions of civil servants or government employees are, under equal terms, available to all candidates. When selecting the candidates, their vocational trianing, knowledge, skills, previous working experience, the results achieved in the work, and the results achieved in the obligatory process of checking abilities are taken into account. Anti Discrimination and Equal Opportunities

27 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union NATIONAL LEGAL FRAMEWORK Law on Social and Child Welfare (Article 5): In exercising the rights from social and child welfare, the citizens are equal irrespective of the national affiliation, race, gender, language, religion, social background, or other personal attributes Labour Law (Article 7): Discrimination against any legal or natural persons is prohibited in relation to: 1) terms of employment and selection of candidates for this job; 2) working conditions and all rights arising from employment; 3) education, training and development; 4) promotion; 5) termination of employment contract. Law also foresees special forms of discriminations related to harassement and sexual harassement, and mobbing (articles 8 and 8a). Anti Discrimination and Equal Opportunities

28 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union NATIONAL LEGAL FRAMEWORK Law on Employment and Exercising the Rights of Unemployment Insurance Exercising rights on the grounds of unemployment is based, inter alia, on the principles of: anti-discrimination, gender equality, and affirmative action against hard-to-employ persons (Article 5). Health Care Law In exercising rights to health care, citizens are equal, irrespective of national affiliation, race, gender, age, language, religion, education, social background, financial standing, and other personal attributes (Article 4). Law on Vocational Rehabilitation and Employment of Persons with Disabilities Direct and indirect discrimination is prohibited in the course of vocational rehabilitation, employment, as well as during the employment of a person with disability (Article 5). Anti Discrimination and Equal Opportunities

29 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union 32000L0043 (Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of race or ethnic origin Anti Discrimination and Equal Opportunities

30 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union National legislation The Constitution of Montenegro („Montenegro Official Gazette“, No. 1/07) Article 8 (Anti-discrimination) Article 18 (Gender equality) Law on Prohibiting Discrimination („Montenegro Official Gazette“, No. 46/10) prohibits any form of discrimination on any grounds Criminal Code (Official Gazette of RM, No. 70/03, 13/04, 47/06, Montenegro Official Gazette, No. 40/08, 25/10, 32/11) in the Article 159 violation of equality is sanctioned Law on Minority Rights and Freedoms („Official Gazette of RM“, No. 31/06, 51/06 and 38/07 and „Montenegro Official Gazette“, No. 2/11) Anti Discrimination and Equal Opportunities

31 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Institutional framework Montenegro Government and its working bodies Council for the Protection from Discrimination Protector of Human Rights and Freedoms Administration for Inspection Issues Justice courts and authorities for violations Ministry of Human and Minority Rights Anti Discrimination and Equal Opportunities

32 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Planned activities: Amendments to the Law on Prohibiting Discrimination – 2013 Amendments to the Law on the Protector of Human Rights and Freedoms – 2013 Amendments to the Law on the National Symbols – 2013 Anti Discrimination and Equal Opportunities

33 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union 32000L0078 (Council Directive 2007/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation) Anti Discrimination and Equal Opportunities

34 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union National legislation: Labour Law („Montenegro Official Gazette“, 43/07,49/08,26/09,26/10 and 59/11) (Articles: 5,6,8a,9, 10,11,77, and articles 102-123) Law on Employment and Exercising the Rights of Unemployment Insurance („Montenegro Official Gazette“, No. 14/10,40/11) (Article 5) Law on Vocational Rehabilitation and Employment of Persons with Disabilities („Montenegro Official Gazette“, No. 49/08,73/10,39/11) (articles: 2,5,15,16) Family Law („Montenegro Official Gazette“ No.1/07) (article 3) Law on Civil Servants and Government Employees („Montenegro Official Gazette“ No.14/10, 45/12) (article 5) Anti Discrimination and Equal Opportunities

35 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Institutional framework: Ministry of Human and Minority Rights; Council for the Protection from Discrimination Ministry of Human and Minority Rights; Administration for Inspection Issues; Agency for Peaceful Settlement of Labour Disputes Courts; Protector of Human Rights and Freedoms; Anti Discrimination and Equal Opportunities

36 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Planned activities: Amendments to the Law on Prohibiting Discrimination - 2013 Amendments to the Law on Protector of Human Rights and Freedoms - 2013 Anti Discrimination and Equal Opportunities

37 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union 32004L0113 (Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services) Anti Discrimination and Equal Opportunities

38 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union National legislation: Law on Prohibiting Discrimination („Montenegro Official Gazette“, No. 46/10) (Articles: 2, 3, 8 and 16) Law on Gender Equality („Montenegro Official Gazette, No. 46/07“) (Articles 4 and 21) Labour Law („Montenegro Official Gazette“, 43/07,49/08,26/09,26/10 and 59/11) (Articles: 5, 6, 7, 8, 77 Paragraphs 2 and 3,108, 111, 111a and 111b) Law on Employment and Exercising the Rights of Unemployment Insurance („Montenegro Official Gazette“, No. 14/10,40/11)(Articles 5 and 52) Anti Discrimination and Equal Opportunities

39 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Institutional framework: Ministry of Human and Minority Rights; Council for the Protection from Discrimination; Administration for Inspection Issues; Agency for Peaceful Settlement of Labour Disputes Courts; Protector of Human Rights and Freedoms; Anti Discrimination and Equal Opportunities

40 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union 31979L0007 Council Directive (79/7/EEC) of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matter of social security (1) Anti Discrimination and Equal Opportunities

41 Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT In relation ot this directive, Article 67 of the Constitution of Montenegro (“Montenegro Official Gazette”, No. 1/06) stipulates that the social security of the emloyed is obligatory and that state ensures financial security to a person incapable to work and without means for support. The said right was elaborated through the Law on Pension and Disability Insurance (“Official Gazette of RM”, No. 54/03, 39/04, 79/04, 81/04 and 47/07 and “Montenegro Official Gazette”, No. 79/08, 14/10, 78/10, 34/11 and 40/11). Article 16 of the Law on Pension And Disability Insurance stipulates, inter alia, that the rights from pension and disability insurance are: 1) in the event of old age, the right to old age pension and early retirement; 2) in the event of disability, the right to disability pension; 3) in the event of bodily injury caused by a work injury or occupational disease, the right to financial compensation for bodily injury.

42 Chapter 19: Social Policy and Employment Normativee framework Law on Social and Child Welfare („Official Gazette of RM“, No. 78/05) Article 5 stipulates that in exercising rights from social and child welfare the citizens are equal irrespective of the national affiliation, race, gender, language, religion, social background, or other personal attributes. Institutional framework Ministry of Labour and Social Welfare Insttutions of social and child welfare Planned activities Passing a new Law on Social and Child Welfare in 2013 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT 31979L0007 (EUR-Lex: 05.20.40.10) Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matter of social security

43 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union 52010DC0491 Strategy for Equality of Women and Men 2010-2015 Anti Discrimination and Equal Opportunities

44 M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Anti Discrimination and Equal Opportunities Areas of activity within the activity plan for achieving gender equality 2013 -2017 Strategic goal Improvement of women's rights and gender equalityEstablishment of a society of equal opportunities and the elimination of all forms of gender-based discrimination Gender-sensitive educationIntroduction of gender-sensitive education at all levels of education Gender equality in economyIncrease the employment of women and eliminate all forms of discrimination of women in the labour market Gender-sensitive health careProvide quality and affordable health care, gender-sensitive Gender based violenceSuppress all forms of violence against women and domestic violence, and to improve the status and protection of the rights of victims of all forms of violence Media and cultureSuppress gender stereotypes and introduce gender equality in media and culture Equality in decision-making in political and public lifeEqual participation of women and men at all levels of decision-making International affairs and cooperationIntegration of gender equality in all international processes and relationships Institutional mechanisms for the implementation of gender equality policies Creating sustainable mechanisms for gender equality

45 Thank you for your attention. QUESTIONS


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