The Institute for the Abolition of Capacity for Disabled Persons with Disabilities (PWD) is one of the most drastic examples of disabling access to justice or access to rights for that PWD. The Montenegrin legislation should be revised to prioritise the protection of the dignity of persons with disabilities. This was concluded at a roundtable on Access to Justice for PWD and Equal Recognition before the Law, which was organised by the Association of Youth with Disabilities of Montenegro UMHCG, in cooperation with the Centre for Civil Liberties CEGAS, as a project funded by the European Union.

“A person who has been deprived of his or her legal capacity under the current regulations has no right to marry and a family, has no right to adopt, cannot be subjected to medically assisted fertilisation, cannot be a donor or receive an organ, has no right of employment, cannot be a beneficiary of services for life in the community that implies a contractual relationship, and does not have the right to vote and to be elected to office,”explained the UMHCG Assembly President, Milenko Vojicic.

He said that, in these situations, the PWD is treated as an object, not a legal entity.

The Head of the Sector for European Integration, Political Affairs, Media, and Information at the Delegation of the European Union to Podgorica, Plamena Halacheva, assessed that additional efforts were needed in the field and the alignment of the legislation with the United Nations Conventions on the Rights of Persons with Disabilities.

"It is also worrying that the legal definition of disability in Montenegro remains the cause of multiple restrictions and violations of the rights of persons with disabilities. The issue of resolving the legal capacity should be resolved without delay, in accordance with the UN Convention," she said.

Halacheva emphasised that it is necessary to adapt the courts and other premises for public use for PWDs, as soon as possible.

"Legislative norms must be consolidated, including the training of sign language translators, the involvement of assistants and mediators at trial, and the taking of other measures. However, the focus should not only be on improving the legislation. One of the biggest problems with access to justice is the lack of information about their rights,” said Halacheva.

The roundtable was organised under the project All = in Access 2 Justice - Equal in Access to Justice, funded by the European Union, through the IPA Pre-Accession Support Programme and co-financed by the Ministry of Public Administration.