Political Calculations and Human Rights Abuse Slow Down the Law on Legal Recognition of Gender Identity

POLITICAL CALCULATIONS AND HUMAN RIGHTS ABUSE ARE SLOWING DOWN THE LAW ON LEGAL RECOGNITION OF GENDER IDENTITY!

Is Montenegro truly ready to respect human rights, or is this all just a political game? The law on the legal recognition of gender identity, which should enable a dignified life and equality for LGBTQ+ people, has been stuck in the government’s drawer for months. Why? Because politicians are playing dirty games, using human rights as pawns in their calculations, while the rights of the community remain marginalized.

The law is ready, but…

Mirjana Pajković, the General Director of the Directorate for the Advancement and Protection of Human Rights, clearly states: the law is ready for government consideration, it is part of reform processes and European integration. However, political calculations and the instrumentalization of human rights are slowing down its adoption. How does this look? Approvals have been obtained from all relevant ministries, including various political parties, but now some seem to have forgotten what they signed.

The LGBTQ+ community continues to suffer

Staša Baštrica, Executive Director of the LGBTQ+ association Queer Montenegro, reveals that the law on life partnership for same-sex couples has been marginalized from the start. Institutions and political actors have not shown real will to implement it. Five years after the law’s adoption, LGBTQ+ rights remain limited, and right-wing narratives are growing stronger. Baštrica warns that the fight for basic human rights and dignity of this community is far from over.

Institutions still not doing their job

Dina Knežević, Chief Advisor to the Ombudsman, reminds that the Ombudsman institution submitted an initiative for the adoption of the law on same-sex partnerships back in 2010, but implementation remains limited due to inconsistencies with other regulations. There is also the problem of hormone shortages for trans people, a basic human rights issue. Thanks to the Ombudsman’s intervention, therapy is now available in health centers, but the number of people affected by hormone shortages remains dismal.

Legal gaps and sterilization as a condition?

Danijela Nikić, activist from the Spectrum Association, points out a deep legal gap in the system. Changing one’s name is legally allowed for everyone, but the procedure for changing gender markers and personal identification numbers is undefined and left to the discretion of officials. The state still requires sterilization of trans people, an invasive and traumatic procedure, which is a gross violation of human rights. The European Court of Human Rights ruled in 2017 that sterilization as a condition is unacceptable, yet Montenegro continues this practice.

Political bargaining and irresponsibility

Jelena Čolaković, Program Director of Juventas, does not hold back criticism: political calculations and lack of responsibility are the main problems. The government and relevant ministries have not aligned sectoral laws with the life partnership law, and politicians use human rights as political points without real will to implement them. Čolaković emphasizes that citizens’ rights remain hostages of political deals and daily politics.

What do politicians say?

MP Miodrag Laković stresses that laws on LGBTQ+ rights are emancipatory and should be adopted if they improve the position of even one person. However, the question remains how sincere this support is and how much the laws will actually be implemented.

Why is all this happening?

The law on legal recognition of gender identity is part of the government’s work program and European integration. But political bargaining, right-wing pressures, and institutional irresponsibility slow down its adoption. Instead of respecting human rights and enabling a dignified life for all citizens, LGBTQ+ rights remain a dead letter on paper.

Conclusion: Is Montenegro really ready?

Montenegro has taken on obligations to the EU to adopt this law, but delays and political games show that rights are not a priority. The European Parliament has clearly stated that the law must be adopted. Will we continue to watch as people’s rights are used as a political tool, or will we finally stand on the side of justice and equality?

If you thought this was just another boring political topic, think again. This is a fight for dignity, for basic human rights, for the lives of people who just want to be recognized and respected. And if you have your own opinion, joke, or comment, you know where the place is – in the comments! Let the voices of those who refuse to be quietly pushed aside be heard.


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