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Montenegro - Committee on Elimination of Discrimination against Women - Women's rights - April 2024

Montenegro had made progress in terms of legislative and policy reform on violence against women. Recent developments include amendments to articles, the recognition of new criminal offenses, and the submission of proposed amendments to the Law on Protection from Domestic Violence to the European Commission for approval. Despite these legislative advancements, protections for women victims of gender-based violence against women remain inadequate, as evidenced by the high number of femicides recorded. There also remains a lack of specialized services for assistance and support to women victims of violence, especially victims of domestic violence. The unpredictable financing of specialized services endangers sustainability and complicates any strategic long-term approach to protection.

Montenegro falls short in preventing and responding to human trafficking by not fully meeting the minimum standards for the elimination of human trafficking.Montenegro’s shortcomings have placed the country on the TIER 2 WATCH LIST. Since June 2023, the country has been under supervision and is ranked as such by other States.The safety of women victims of violence remains at risk in the context of custody proceedings, visitation rights, and contact between the violent parent and children-in-common. Institutions also frequently do not see children who witness violence as victims of that violence, although they are obliged to do so by international standards To the best of the author's knowledge, the standard by which institutions determine the best interests of the child is unclear. This report focuses on three areas: Specialized services and protections for victims of gender-based violence against women, including femicide risk assessments and data collection; the identification and response to human trafficking and sexual exploitation; and family, more specifically, protecting the victim and children in cases of child custody and visitation rights.