Ministry began work on the Draft Law on Legal Gender Recognition Based on Self-Determination

The adoption of the Law on legal recognition of gender based on self-determination is the last activity of the Strategy for improving the quality of life of LGBTI people in Montenegro in 2023. This will complete the legal framework for the protection of the human rights of LGBTI persons in Montenegro, said Minister Fatmir Gjeka, addressing the members of the working group for drafting the law on legal gender recognition based on self-determination.

He said that the social position of transgender, gender variant and intersex persons is largely influenced by their legal recognition. He reminded that legal recognition of gender is currently implemented through the Law on Birth Registers, which allows trans people to change their gender, but without clear guidelines on the procedure itself, which in practice makes it impossible for transgender people to change their gender without prior sterilization.

Work on improving the rights and freedoms of LGBTI persons in Montenegro has resulted in a significantly higher level of acceptance of LGBTI persons in society, Minister said. However in the normative part there is still a need to harmonize certain laws with the Law on life partnership of persons of the same sex and to pass the Law on legal gender recognition based on self-determination. This Law will enable the change of gender marking and birth certificate number in personal documents without the obligation to complete medical procedures of gender change, as well as medical interventions, thus protecting one of the basic principles of human rights - the right to self-determination.

The Head of the Delegation of the European Union in Montenegro, Kristina Oana Popa said that the adoption of the same-sex life partnership law is a good example for the region and expressed the hope that the Law on legal recognition of gender based on self-determination will be enabled in practice.

The Head of the Program Office of the Council of Europe, Evgenia Yakumopolu believes that true recognition means the creation of fast, transparent and accessible procedures based on self-determination for changing the name and gender of transgender people when issuing various documents for everyone who wants to use that right, regardless of age and status in society.

The executive director of the Spektra Association, Jovan Ulićević, said that although the legal framework in the field of respecting human rights of LGBTI persons has developed significantly in the last ten years, Montenegro is still one of the nine European countries where transgender persons still undergo sterilization in order to change their label in documents.

Such a practice represents the grossest violation of our human rights, the right of transgender persons to their body and personal integrity, the right to decide on their own life, the right to privacy and family life and the right to a dignified life.