Recommendations and conclusions of the Conference ˶Right on access to justice of persons with disabilities – From legal guaranties to equality in practice˝


Association of Youth with Disabilities of Montenegro (AYDM) on 14th of October  2016. has organized the Conference ˶Right on access to justice of persons with disabilities – From legal guaranties to equality in practice˝, in scope of the project ˶From legal guaranties to equality in practice˝, supported by European Commission through the project ”Triple A for citizens”.

In the introduction part of the Conference had spoken: President of Supreme Court of Montenegro Mrs Vesna Medenica, Head of Delagation of European Union in Montenegro, H.E. Ambassador Aivo Orav, Minister for Human and Minority Rights dr Suad Numanovic, and Executive Director of  AYDM Mrs Marina Vujacic.

After introduction speeches, the special panel with topic ˶Right on access to justice of persons with disabilities – Barriers and challenges˝ was held, where the speakers were: Deputy of Ombudsman of Montenegro mr Sinisa Bjekovic, Representative of Ministry of Justice, judge Ibrahim Smailovic, attorney Mrs Tijana Živković and Coordinator of Legal programme and Anti-discrimination in AYDM Mrs Miroslava Mima Ivanovic.

In the following there are Recommendations and Conclusions of the Conference: 

  • To work constantly and seriously on harmonization of Montenegrin legal system with the international legal standards of human rights and freedoms of persons with disabilities, in order to respect principles of rule of law and constitutionality and legality.
  • To ensure periodic reviews of decisions on denial of legal capacity of persons with disabilities, to provide their participation in the process and engagement of the expert with adequate qualifications;
  • to make changes and mandamuses of the Family Law and Law on Contentious process in part of full and partial denial of legal capacity of persons with disabilities,  in order to enable exercise and protection of their rights and obligations and harmonization with Article 12 of the UN Convention on Rights of persons with disabilities;
  • to educate constantly subjects of judiciary system, in order to ensure their efficient interaction with persons with disabilities and adequate decision making in process these persons participate in;
  • to ensure adequate interpretation of the procedural  guaranties of the use of language and letter in terms of use of sign language and Braille in procedures in front of the institutions;
  • to ensure availability and use of ICT for persons with disabilities in processes in front of the institutions, in order to improve conditions for realization of their right on equal access to justice;
  • to work continuously and systematically on adaptation of buildings and other infrastructure of the state and local institutions, within to provide access to these institutions for persons with disabilities;
  • to ensure the respect of principles of non-discrimination  and constitutionality and legality in procedures and decision making about  rights and interests of persons with disabilities, through the respect of legal time limits for undertaking procedural actions and fair decision in the proceedings;
  • to improve the engagement of the Police, Inspection, Prosecution and the other institutions in the processing of cases of violation of human rights of persons with disabilities, in order to penalize perpetrators;
  • to rise awareness of the state officials that prime aim in their work must be interests of citizens, but not the state budget saving;
  • to regulate legally the record keeping in processes related to rights, obligations and interests of persons with disabilities and enable their transparency and availability to all stakeholders and public.

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