Justice for All: Gender Equality Through the Rule of Law

Montenegro’s legal architecture for gender equality is built on three core laws:

• The Law on Gender Equality (2007, amended 2015) promotes equal rights, opportunities, and participation of all genders in public and private life. It also requires institutions to assess how their decisions affect gender equality.
• The Law on Prohibition of Discrimination (2010, amended 2017) defines and prohibits both direct and indirect discrimination, explicitly covering gender identity and sexual orientation.
• The Law on the Protector of Human Rights and Freedoms (2011) established the Ombudsman, who holds full competence to address complaints related to violations of gender equality.

Importantly, a process to improve the legal recognition of gender identity has been initiated. A Draft Law on Legal Gender Recognition based on Self-Determination has been developed to allow individuals to legally change their gender without medical procedures. Its adoption would align Montenegro with European and international human rights standards, ensuring dignity and legal protection for all individuals. However, this Law was still not adopted.

Further, the Law on Gender Equality needs enforcement mechanisms. Without penalties for non-compliance, many institutions have difficulties in applying the law, which weakens its impact and limits progress toward meaningful equality.

At the strategic level, Montenegro’s gender equality framework is further reflected in:

• The National Strategy for Sustainable Development until 2030 , which incorporates gender equality as a key component of building a just and inclusive society.
• The National Strategy for Gender Equality 2021–2025, harmonized with the EU Gender Equality Strategy 2020–2025 that sets clear goals: eliminating gender stereotypes, closing gender gaps in the labor market, ending gender-based violence, and ensuring equal participation in decision-making.

The principal goal of the National Strategy is to achieve “higher levels of gender equality in Montenegro by 2025.” Its specific objectives include:

• Strengthening the application of gender equality laws and anti-discrimination policies,
• Reducing stereotypes and prejudices through education, culture, and media,
• Increasing access to economic, political, and social resources for women and persons of diverse gender identities.

As Montenegro continues on its path toward EU membership, reinforcing the rule of law and ensuring it works equally for everyone is essential for achieving true gender equality and a fairer, more inclusive society.