International Mechanism Submissions

Domestic violence remains a serious issue in Montenegro. According to a 2018 survey, about one in five, or 19%, of women in Montenegro has experienced violence by a partner or non-partner after age 15.[1]A survey conducted by the Organization for Security and Co-operation in Europe (OSCE) on violence against women found that, in 2018, 26% of women in Montenegro reported physical or sexual violence by a current partner, and 32% reported physical or sexual violence by an ex-partner. 12% of women reported economic violence and 35% reported controlling behavior amounting to psychological violence.[2] In 2015, non-governmental entities estimated that Montenegro had the highest percentage of femicide at the hands of an intimate partner among countries in the EU; 64% of femicides were committed by an intimate partner.[3] CSO Women's Rights Centre estimated that at least 73 murders of women occurred between 2001 and 2017, most in the woman's home.[4] The numbers are likely higher, however, because cases of femicide rarely reach the media.[5] Reporting rates of domestic violence are also low; according to the OSCE survey, just 4% of women in Montenegro reported intimate partner violence by a current partner, and 12% reported violence by a previous partner.[6]

Furthermore, very few domestic violence cases are prosecuted as criminal cases. According to a report by the European Women's Lobby, between 2013 and 2017, only 10%-14% of domestic violence cases were charged as criminal offenses.[7] When cases did reach the courts, judges did not issue significant sanctions; 60% of sentences were "suspended sentences, admonitions, acquittals, and fines."[8]

This joint submission addresses Montenegro's compliance with CEDAW. The government of Montenegro has taken critical steps toward protecting victims and holding offenders accountable, including adopting the Law on Domestic Violence Protection (LDVP). In 2018, the government adopted a new Protocol on the Treatment, Prevention and Protection of Violence against Women and Domestic Violence, which is binding on all signatories - an improvement over the previous protocol, which was only directive.[9] The authors commend the State, many system actors, and the non-governmental organizations (NGOs) who work together to protect the victims. Additional efforts and legislative changes are needed, however, for Montenegro to fulfill its obligation to address domestic violence. This report sets forth remaining challenges and includes suggested questions for Montenegro's List of Issues.