Key Issues For People With Disabilities

By analysis of individual experiences and analytical monitoring we have obtained that the human rights of persons with disabilities are violated extensively in all areas of life. However, there are areas in which the human rights of persons with disabilities is the most common, the most obvious and perhaps the people with disabilities are most aware of the rights violations in these areas. This concerns the area of social participation in a broader sense, labor and employment, privacy and family life, income security and support services and health, habilitation and rehabilitation (as shown in table below). Therefore, in this report we will in detail reflect and analyze these areas and experiences of the people with disabilities in the mentioned areas.

As you can see in the table one person has more than one (different) experience in the same area of life. For example: From total 89 respondents in the area of social participation them 81 has experience, either positive or negative. This fact confirms several times repeated discrimination in the same area. For example a respondent had positive experiences in relationships with friends and negative in area of accessibility. Both areas are in the broad area of social participation.

6.1. Social participation

6.1.1. Individual experiences of social participation

In the field of social participation, the most negative experiences were recorded under the principle of respect for diversity, where 47 persons reported 97 examples, followed by 30 persons with 64 negative experience under the principles of dignity and non-discrimination and equality, even 37 women compared to men where were indicated 27 experience (this does not go to the fact that a large number of women with disabilities cited this experience as compared to men, but it can talk about the fact that a woman has more than one such experience). The experiences of the respondents with respect to gender when it comes to other principles are approximate for men and women.

Comment: In the table you can see more people in the individual experiences than the number of persons per principles. This means that it happens that the same person has both positive and negative experiences in this field. Field of social participation is characterized by such experiences as the broad concept of social participation. When respondents reported negative experiences they often thought to accessibility, and when they talked about positive experiences they thought on the relationship with friends, involvement in the community…

The majority of adverse experiences are observed in people with physical disabilities, and in people with visual impairments and in terms of the above principles. The least positive experiences are under the principle of dignity where 4 persons reported 5 experiences, while the least negative experiences are in the area of independence and the number is 20. This number was reported by 13 persons. When it comes to the principle of the dignity of 22 persons with physical disabilities (who reported experiences), it is interesting to note that was indicated 36 negative experiences, while there was not a single example of a positive experience. Also experiences are approximate with regards the principles of non-discrimination and equality, where the ratio is 37 of the negative experiences by 17 persons compared to the only one positive example reported by person.

By the very movement in our city or municipality barriers are shown at every turn. From the sidewalk to the institutions neither here is adapted for the people with disabilities. It is especially bad where people take out personal documents and come to a tricky situation that for thirty meters they are carried by four people, just to be able to take their personal documents and also to get them back. Let’s not talk about the banks, I’m not sure if the pharmacies, certainly not, or even supermarkets are adapted for people with disabilities. In fact not a single institution in Bijelo Polje is adapted, and I think that it is the main form of discrimination.

Male, between 41-55 years old, retired

But I was sad, I was sad because I am not able to attend the concert, which was held in the great hall of the castle of King Nikola, as there were in front of me about ten steps. And there is no ramp to get up there. This evening I will never forget, and then I cried. I felt miserable and worthless, believe me. I cried for days because I wished to hear the concert, I looked back around in the hope that someone will come to help me, that of course, with the effort to overcome these ten steps. Maybe there would not be that much, maybe less either. But for me it was like the mountain in front of me. So I felt miserable, worthless.

Female, between 56-70 years old, retired

When it comes to people with visual impairments, 9 persons was highlighted 20 negative experiences in relation to the principle of non-discrimination and equality. The majority of adverse experiences on individual basis can be found just in 29 persons with physical disabilities and the score is 57 in principle of participation, inclusion and accessibility.

Based on the obtained data it can be concluded that the most people with disabilities are most commonly facing several problems in the treatment of a person without a disability, and then they are facing discrimination and associated injured dignity.

Also, the people with disabilities most commonly have talked about the inaccessibility of the environment, public areas and institutions that lead to discrimination and thus a violation of dignity, inequality and the like.

I remember that I felt angry when my friend who was getting married did not call me at the wedding party or a wedding reception, and before that we were good friends, and we hang out, it was really hard for me.

Male, between 26 - 40 years old, unemployed

I feel humiliated and violated as a person who is on the margins of society and that society does not pay enough attention

Male, between 26 - 40 years old, employed

I feel like a minority, like someone who was just pushed to the side.

Male, between 41-55 years old, self-employed

When we talk about disability I often say that my handicap, you better read discrimination is not because I do not see, it is because of inadequate attitude of the society towards me.

Male, between 26 - 40 years old, employed

People with intellectual disabilities almost never participate in social activities, and they are often excluded from social life, they rarely go out and socialize.

And tell us do you get out in front of the building, in the city?
- I do not go out. No.
And why are you not going out?
- They laugh at me.
And tell us, how and what for they are laughing at you?
- And they mock at me.

Male, between 26 - 40 years old, unemployed

6.1.2. The legal aspect

Several members of the Convention on the Rights of Persons with Disabilities are processing the area of social participation. For the purposes of this section of the report we analyzed articles 8, 9, 29 and 30. The Montenegrin legislation is regulating this area as follows:

On one of the main causes of social inaction and non-participation of people with disabilities, raising awareness of Montenegrin legislation does not have any standards. The only documents that mention the raising of awareness is the Strategy for the Integration of Persons with Disabilities in Montenegro and that is only in the general objectives. In the action plans for the implementation of this strategy are set out measures to promote the human rights of persons with disabilities who are unfortunately in practice realized only through the projects, i.e. unsystematic.

Despite the existence of relatively good legal framework, the people with disabilities continue to face the problem of inaccessibility.

By the Law on Spatial Planning and Construction and the bylaws, are prescribed the standards of architectural accessibility, while the availability of information is guaranteed by laws in the field of electronic communications and the media.

During the construction of buildings and areas that are used by the public, it is necessary to meet accessibility standards, which are part of the preliminary and final design. The testing procedures meeting the requirements for obtaining a use permit among other things include the fulfillment of inquiries of standard accessibility as one of the conditions. In the article 165 of The Law on Spatial Development and Construction which ends in August 2013, is defined a five-year term to adjust the buildings for the public use of individual access and movement of persons with reduced mobility. Although the legal standard are defined in line with the principles of participation, inclusion and accessibility, non-discrimination and equality and respect for diversity, in practice these are not implemented and the situation in this area is almost not changed for years.

Note #1

Read the article: Osobe sa invaliditetom i dalje imaju probleme zbog arhitektonskih barijera.

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Legal norms in the media guarantee the availability of persons with hearing and visual impairments, as well as the financing of measures to making available existing media content. However, it is not prescribed strict liability or measures that media companies must implement to media content and information that they provide, to make them more accessible to people with disabilities. This means that the principles of participation, inclusion and accessibility, non-discrimination and respect for diversity are taken into account, but the measures to ensure their fulfillment are not legally regulated.

Providing labels in Braille/alphabet, except in Preliminary Work Plan and in commands in an elevator (Articles 12 and 35 of the Regulations), as well as the easy-to-read and understandable forms and other forms of direct aid, and is not defined in the legislation.

The Law on Road Transport in Article 42 says that the special line transport performs, among other things; include the transportation of persons with disabilities and passengers who need special medical care. Also by the same law in Article 67 which regulates the conditions for obtaining a license for the provision of bus stations, according to a legal or physical person may obtain a license for the provision of bus stops, if it meets including the requirement to own or lease a building of the bus station that among other things, has access for persons with disabilities.

The same law states the conditions for obtaining a license for the public transport of passengers and cargo, however, conditions in relation to people with disabilities are not mentioned, which does not guarantee their equality in the field of road transport.

The Section 142 of The Law on Road Traffic Safety regulates the conditions of transport and next to other it states that the vehicle (motor vehicles or trailers) must be reserved for two to six seats nearest the entrance for people with disabilities. Information on the number of seats and standing room and on the seats reserved for persons with disabilities must be displayed in a prominent place on the vehicle.

The Law on contractual relations in the railway traffic in Article 10, paragraph 1 states that the carrier is obliged to provide information to persons with disabilities or persons with reduced mobility on access to rail transport, the conditions for access and use of railway vehicles, as well as other amenities on the train. The same article, paragraph 2 states that the operators and infrastructure managers shall allow persons with disabilities or persons with reduced mobility, free of charge to provide the necessary assistance for access to and use of railway rolling stock.

Despite the legal provisions that define the mandatory provision of conditions for the use of public roads and railways are not implemented the same in practice, which means that there are no accessible station / bus transportation, and support for the use of these modes. What is disturbing is the lack of commitment of getting exclusively affordable vehicles of road and railway transportation.

I have never seen in Bijelo Polje a cab which is adapted for people with disabilities or wheelchair users as if these people do not exist. I have not seen any public transport for such persons.

Male, between 41 and 55 years old, retired

- As for the vehicle, taxi drivers usually blackmail me because I cannot enter in the vehicle without help.

Explain a little closer your arrival in Bijelo Polje.

My only means of transport is by taxi which is very expensive, especially when they see in what condition I am. Because I have to use their services and they’re blackmailing me in this way and I have to pay astronomical prices, because I have to, regardless of whether if I can pay or not, I just have to.

Female, age between 41 and 55, user of foster care

- Trains, for example, are very inaccessible and it always means that at least two or three people would be needed to help me to get on train.

-Is that still happening or has happened only once?

- Well, almost always when I travel, whether by bus or train, it is actually common.

Are there any other details you want to share with us about this experience?

- Well, there were quite a few unpleasant experiences; I would single out one in particular. I came five or six minutes before the train was supposed to depart, but as it was little raining, I asked a few of passersby to help me. However, no one helped me. Meanwhile, it was the time of departure of the train, so I missed it and I did not leave. I felt helpless and humiliated.

Male, between 26 - 40, employed

Excerpt from the article: “Still waiting for trains that they cannot get in”, Daily newspapers “Dnevne novine”, 09 October 2012, Society

In Montenegro there is no transportation for people with disabilities (PWDs), although it is one of the leading support services for this population. While the Railways praised the fact that the stations Spuz, Danilovgrad, Ostrog and Niksic are equipped with modern equipment and in accordance with the standards to meet the needs of all travelers, the Podgorica’s station, which is also the busiest, remains inaccessible to people with disabilities. Neither the owners of buses for long-distance transport are not thinking about purchasing a vehicle adapted to this population, nor do taxi associations have cars that would meet their needs, because, they say, the state has not shown a willingness to subsidize the purchase of the much more expensive vehicles.

The consequence of inaccessible transport is a large number of passive people with disabilities, says the Executive Director of the Association of Youth with Disabilities of Montenegro, Marina Vujacic, who cannot even be transported from point A to point B in their own city and let alone to use long-distance traffic.

We cannot travel, to be at the center of social events, exercise the right of personal mobility and freedom of movement, to be mobile, informed and to have the basic human rights. Then I think it is clear enough how equal people with disabilities are, said Vujacic.

The Law on Obligations and Basic Property Relations in Air Transport in Section 2 that includes definitions of certain terms states that the medical transport, the transport of the sick, the injured and the people with disabilities by aircraft that are equipped with the necessary equipment for this type of transportation. This violates the principle of non-discrimination and equality, because they are viewed in terms of bio-medical model as patients and not as dignified and independent human beings.

However, the Law on Air Transport in Article 54, paragraph 3 states that the service provider handling of passengers is required to provide to the passengers with disabilities and reduced mobility services in a way that allows those people to be on equal terms and without discrimination to be transported by air. This ensures complete equality, respect for the dignity and diversity, and allows full participation, inclusion and accessibility to persons with disabilities, and therefore it is required to adjust the Law on Obligations and the basis of property rights in air transport with the provisions contained in the law of air traffic.

Montenegrin electoral legislation, except for the part about the possibility that the people with disabilities are allowed to provide assistance in voting at their request by one person they choose, it does not contain provisions that talk about the accessibility of voting procedures, equipment and materials, as well as polling stations. Although the assistance in voting is provided, it may prejudice the right of secrecy of voting that is violated in this way. Also, there is no provision that defines an affirmative measures to include persons with disabilities in public and political life.

According to national legislation, the freedom of association is guaranteed, and discrimination against persons with disabilities in non-governmental organizations is prohibited, thus the legislative level guarantees equality of non-governmental organizations, including organizations of persons with disabilities.

As our Secretary is the person without disability, I spoke to him and asked for help. As we simply feel bad and as we are in a difficult financial situation, I proposed to the Secretary and asked him for financial help, but his reaction was very bad, and in some way I was quite hurt by his action. I am terribly hurt and I was very unhappy that he did not help me, I would love if the secretary of our organization has been much better, if he could help in some way, but it usually does not happen, it usually happens that he do not help us at all. The secretary of the organization does not care about us and everything that he gets he puts in his pocket. I think that he thinks that people like me are simple minded.

Female, age between 41 and 55, unemployed

Electoral Assembly of the Union of the Blind where I am, let's say, in this part of the election as the opposition and thought differently like some of my colleagues just to cancel those elections and that the absolutism simply did not allow us to let our mind and that is my own, to be realistically accepted and to acknowledge my voice. But it was simply canceled because they did not like it, then as a consequence, I am not invited to certain cultural events, music, and before that I was regularly called upon considering I'm into music and chess.

Male, between 41 and 55 years old, unemployed

This all leads to a violation of the principles of participation, inclusion and accessibility, non-discrimination and equality, respect for diversity and autonomy.

It is necessary to define the accessibility of voting procedures, equipment, materials and polling stations, as well as defining the measures to achieve equality of opportunity to participate in public and political life.

Laws and policies recognize the importance and guarantee the participation and accessibility of cultural facilities for the people with disabilities. Policies and laws guarantee the right and provide measures for the development and the use of creative, artistic and intellectual potential of people with disabilities.

It is only the Strategy for the integration of persons with disabilities that provides a measure of acceptability for persons with disabilities to cultural materials, television programs, films, theater and other cultural activities, in accessible formats for them, but there is no statutory or other legally binding provision (other than the Convention) which guarantees persons with disabilities the access to cultural materials and facilities in accessible form. This directly violates the principle of participation, inclusion and accessibility, non-discrimination and equality and respect for diversity.

By any statutory or other legally binding provisions (other than the Convention) is not recognized specific cultural and linguistic identity of persons with disabilities, or sign language, and culture of persons with hearing impairments.

Cultural and linguistic identity of people with disabilities has been recognized only in Strategy of the integration of people with disabilities. Legal non-recognition violates the principle of dignity and respect for diversity.

The significant improvement in terms of providing cultural material and content in an accessible format, and the recognition of a specific cultural and linguistic identity of people with disabilities, particularly for persons with hearing impairments is needed.

Laws and Strategy for the integration of persons with disabilities guarantee the participation in specific sports, but not in activities that are intended for general population. This means that the principles of participation, inclusion and accessibility, non-discrimination and equality and respect for diversity, but also the principle of independence are not complied for people with disabilities, because the choice to participate in sports and recreational activities is narrowed to only those ones specifically organized for them.

Support for specific sporting and recreational activities of persons with disabilities is satisfactory regulated.

It takes a significant improvement in terms of guaranteeing regular access to sports and recreational activities and facilities for the participation of persons with disabilities.

6.2. Work and employment

6.2.1. Individual experiences in work and employment

Labor and employment is one area in which the subjects have often presented their experiences, whether positive or negative. Principles of human rights are violated most of the unemployed people and when it comes to the principles of participation, inclusion and accessibility, non-discrimination and equality, where we have 19 persons who reported 25 experiences and 18 persons with 19 experience (1 person reported experience of non-discrimination and equality for two times in accessing the labor market and job) respectively. Also in these people we have 9 who reported 11 instances in which the principle of respect for dignity was violated. When it comes to employed people with disabilities, in the majority of them were recorded violations of the principles of participation, inclusion and accessibility. Most often for the unemployed persons were violated several principles simultaneously and in the same experience.

I feel bad because I am a very useless at home, sitting around all day, watching television, listening to music, and I do get bored. And I'd like to get a job, to get my own money, to not depend on anybody.

Female, between 18 and 25 years old, unemployed

The total number of adverse experiences in all six categories of persons with disabilities is 104 experiences reported by 47 respondents. From individual experience can also be concluded that the principle of respect for diversity of unemployed people is most often violated in accessing the labor market and job.

Men with disabilities cited a number of experiences with the principle of non-discrimination and equality, while for the women with disabilities in the area of labor and employment, the principle of respect for diversity is commonly violated and the score is 12 times reported by 6 women (where one woman reported more than one a violation of this principle).

As I understand from your story, the employers respond in that way because of your disability. How you felt about it?

- I felt bad, I come from abroad, and in foreign countries no one is watching it as a disability, if you have the knowledge. The wheelchair is the last thing someone would think of. But here it is totally reversed, so as soon as they see it as a stroller, it is embarrassing.

Male, between 18-25 years old, unemployed

Respect for diversity and autonomy are otherwise principles that are the least respected in both sexes. Within people with visual impairments there is no positive example that is given when it comes to the principle of autonomy in the area of labor and employment. The minimum number of positive experiences for 5 persons with hearing impairments, compared to the total number of experiences was recorded with the principle of non-discrimination and equality in 7 examples. The majority of adverse experiences in relation to the total number of respondents (9 respondents) were noted in people with multiple disabilities in 23 negative experiences. 19 men with disabilities reported more positive experiences (35), compared to 11 women with disabilities who reported 18 positive experiences in this field. In this area we also can conclude that women are still more discriminated than men.

Couples with disabilities (more often with hearing impairments), often both husband and wife without a job, with a very small monthly income are experiencing multiple discrimination.

There are concerns about the money, because I do not work and my husband does not work, we receive only 90 € of social welfare and live from it. I tried to get a job at the Tisa (day care center), but I could not get it, there was not available position, so I tried in a nursing home, which is located here, and there they told me that I could not get a job because I have no so collusion, no communication… And my husband tried to get a job at Lovcen insurance company, but with no success.

Women between 41 and 55 years old, unemployed

If we talk about the employment status of the respondents in relation to the type of disability, it is clear that the majority of people with multiple disabilities are employed compared to the total number of respondents in the group of persons with disabilities in 0.33%, then followed by the hearing and visual impairments which is 0.30% of the total number of respondents with these types of disabilities. But on the other hand we also have the highest number of unemployed persons with multiple disabilities in relation to the total number of respondents with this type of disability in 0.55% of them, then the person with hearing loss in 0, 53%. After these, the largest number of unemployed persons compared to the total number of respondents with this type of disability is persons with visual impairments (0.35%) and persons with physical disabilities (0.44%).

Very few people with disabilities start their own business, just the two of them.

When it comes to comprehensive data on labor and employment, we have 40 unemployed, 24 employees, 17 retirees and three persons who are entitled to a disability pension, and who were held by other parties.

In what extension the rights of workers with disabilities are violated, is shown by an example of the 2008th when a woman with disabilities was prohibited from coming to work in the company of a guide dog while in Montenegro existed the legal guarantee of free movement and access with the guide dog in all areas of life, including in the field of labor and employment. Also, quite often the people with disabilities are the first ones released from work and who are declared redundant.

By the end of 2008. I had a problem at work. Because of the use of a guide dog, I was thrown out of work, in inappropriate way, in the middle of working time, without notice, without warning, without anything that hinted that something like that would happen. Since then I took the difficult struggle for about three and a half years to fight for my rights. I was struggling through all the institutions of the system.

Women, between 26 and 40 years of age, employed

In the last five years, I experienced many inconveniences in terms of jobs and in terms of failure on the job. After twenty years of working in the health center in the early 2011, I declared redundant as a person with disability with 7o% physical damage and vision 9o%. I tried to exercise my rights or reinstatement or payment as much as it was my legal ration.

Male, between 41-55 years old, unemployed

It can be concluded that in the area of labor and employment the discrimination against persons with disabilities, regardless of the type of disability is very well spread. This applies to persons employed at their workplace and during working process and also to unemployed job seekers. Experience shows that unemployed people with disabilities feel useless and as a burden to their family and society.

6.2.2 Legal aspects

The Article 27 of the Convention on the Rights of Persons with Disabilities handles labor and employment issues. Montenegrin legislation regulates this area as follows:

Disability also is cited as grounds for discrimination in general norms on the prohibition of discrimination in the employment Law.

The right to form trade unions is provided by the general provisions of the Labor Law, but there is no legal requirement that prescribes measures and the manner of exercise of rights by persons with disabilities. This means that is by the de jure declared this right for people with disabilities.

There are no defined measures for ensuring equal access to general technical and vocational guidance programs, as well as encouraging possibilities of career advancement of people with disabilities, or the program for return to work for persons with disabilities.

This is not in accordance with the principle of respect for diversity.

The Law on professional rehabilitation and employment of persons with disabilities provides a number of measures to encourage the employment of people with disabilities, such as vocational rehabilitation, adapting the workplace and working conditions, loans on more favorable terms for the purchase of machinery, equipment and tools required for employment with disabilities, co-financing of sheltered workshops, as well as wage subsidies for persons with disabilities. All these measures are financed from the Fund for professional rehabilitation and employment of persons with disabilities. The obligation of employment of persons with disabilities is defined equally to public and private sector and it is alternatively set. An employer may choose whether to employ a person with disabilities or pay a special contribution to the Fund, and the punishment is prescribed for non-payment of a special contribution, not for not hiring persons with disabilities.

This means that there are no strictly prescribed duties of employment of persons with disabilities by employers. Therefore, in practice, there was no significant increase in the number of employees with disabilities because employers prefer to pay a special contribution than take advantage of subsidies and incentives provided by the Law. However, when the employer is a state institution then Law is double violated, for state institutions do not employ people with disabilities or pay a special contribution, because they state that it is technically impossible, as the account of the Fund is a part of the treasury budget.

I applied six months ago, in a state institution through competition for trainees because in our country there is a law on vocational rehabilitation and employment of persons with disabilities, I felt that I should be admitted for that position, however quite the opposite happened, I was rejected by the state institutions, so that documents are retrieved and I consider this as a kind of discrimination with great irregularities and illegal acts.

Female, between 18 and 25 years old, unemployed

An additional problem is the illegal use of funds from the Fund for the financing of projects for grant schemes provided by this Law, but not implemented for years and hence the overflow of excess funds from the Fund to the state budget and for the unknown purposes.

To what extent the Law and the decisions that protect the rights of people with disabilities are respected?

-They are not respected, we all are witnesses of these things here, and the employment law is not respected.

Could you please explain us the Law on employment, in what way it is not respected?

Well, certainly it is not respected; the Law was implemented to hire people; It happened, but in such a small percentage that I think that is completely irrelevant to think of it, if that's such a small percentage. So they made the Law, they established the Fund; I heard that the money from the Fund are returned again and flowed back into the budget. I mean, they only made themselves a favor; it is all I can say.

Female, beetwen 26 and 40 years old, employed

Also, the Law does not provide funding to adapt the work environment, but only of the workplace and working conditions, which is a narrower term and refers strictly to the area where persons with disabilities performed their tasks. In practice, this can lead to fact that people with disabilities their tasks can fulfill only if done individually (in their office), i.e. without the cooperation of colleagues who may be in an inaccessible work environment.

These measures do not ensure the full respect of the principles of participation, inclusion and accessibility.

For all these reasons, this area needs to be supplemented by secondary legislation and the obligation of employment of persons with disabilities by employers.

Daily newspaper “Dnevne novine”, 12 October 2012, Society (Page 13):

The Commission for vocational rehabilitation should begin to work in November

Persons with disabilities (PWD) in Montenegro have problems in employment, not only because of the prejudice that they are not able to finish the job, according to the Association of Youth with Disabilities, but also because the Commission to determine the degree of disability, assessment of skills of the labor and employment opportunities is not formed, even though they promised that last year. While the Minister of Labour and Social Welfare, Suad Numanović, said for the “Dnevne Novine” that the establishment of the Commission is in the course, and that he hopes that the process will soon be completed; the Employment Agency of Montenegro (ZZCG) announced the start of its operations next month.

"The Commission for Vocational Rehabilitation will begin to work in early November of this year. This is a multi-disciplinary committee, which was first formed as such in Montenegro and whose opinions will be in accordance with the International Classification of Diseases and the International Classification of Functioning, Disability and Health" claims the ZZCG.

Comment: Despite all the aspects and info given in this interview showed that the Commission should start with its work much before. But the first meeting of the mentioned Commission was held in late December 2012.

6.3. Privacy and family life

6.3.1. Individual experiences in privacy and family life

This area is in some examples and experiences intertwined with social life and participation of people with disabilities in society, in terms of relationships with others. People with disabilities have often talked about these experiences in a connected manner.

53 respondents indicated a total of 130 experiences from which 116 were negative and 66 positive in the area of family life and privacy. Respect for diversity and dignity of persons with disabilities are the principles that are often violated and women were those one who again cited several such experiences. 9 women was reported violation of the principle of respect for diversity for 18 times and 8 of them emphasize 19 times violation of the principle of human dignity.

- The personal assistant. The fact me just influenced me hard; I asked my father about it and he said "no, I do not need a woman", and later I cried, it was really difficult, even aunt talked to him, he did not want to talk about the same story. Well, as if he should not need a woman, but to me it's just necessary.

Have you informed anyone about that?

- Well, yes, I informed my aunt and she said -do not cry. She talked to him.

How has it affected you?

- I was influenced by the fact that he has to decide for me. When I want something he does not do that.

Women between 18 and 25 years old, unemployed

When it comes to the principles of participation, inclusion and accessibility, it can be noted that the more positive experiences are cited by women with disabilities and just because they cited that they attributed to the work of some kind or the most jobs in the house. The minimum number of persons with positive experiences we have with the principle of non-discrimination and equality, and respect for diversity (5 persons - 5 experiences).

I can understand them because they are not people with disabilities and cannot normally understand how we feel. They in one second think they understand you, but they do not understand us, this is a fact.

Women between 26 and 40 years old, unemployed

The highest number was recorded in the experiences of people with physical disabilities, as well as in those with visual impairments. However, it should be noted that such information is logical given that most of the respondents were with a precisely specified types of disabilities. Respondents have the largest number of experiences when it comes to the principle of dignity and respect for diversity, 9 persons with physical disabilities reported 15 experiences, while 6 people with visual impairments led six instances in which occurred the violation of the principle of respect for diversity, and five examples of the violation of the principle of independence reported by 4 people (where one person have 2 experiences with the same principle). When it comes to the persons with hearing impairments, there was not a single positive example of the principle of non-discrimination and equality, respect for diversity and autonomy. The minimum number of positive examples is highlighted by 5 persons to the principle of non-discrimination and equality. Violence in the family was reported by two woman with a physical disability. But it is especially problematic that the women with disabilities are not aware that violence is the most brutal form of human rights violations and they do not have the awareness of the severity of violence, as well as of the outcome.

No, my father only put his hand on me, slap me in the face or pluck me like this …

Woman between 18 and 25 years old, unemployed

I asked him for a response to tell me who was the woman who called me a cripple, and we do not know each other at all. Instead of the answer I got the fist on the jaw. In that way he protected her name, it hurt me a lot and so on. And then he called me a cripple in the same way, and I reacted and he used physical force on me. Really, I just was not spared as if I was the healthiest, so he acted towards me, I got beat up good and he hurt me, he even did me a repeated fractures of a leg bone.

Woman between 41 and 55, user of foster care

Both cases of domestic violence are not reported to the police and other authorities, because of their own feelings of shame and inferiority.

Aside from the physical, and psychological we have examples of economic violence against women with disabilities, of which women with disabilities are aware of, but they never complain and are not reported.

"What does the social welfare means to you? Do you take the finances or your father?

- Father takes care and assistance, he takes everything.

You do not have your allowance?

- No, I do not have my pocket money and even when I get it my father take it away from me. "

Women between 18 and 25 years old, unemployed

Did you have a choice of means of everything that happens to you, as I understand you did not until now

- No, no.

What would you want if you could? How would you organize your day?

-When I could, I'd rather like to live alone and to be free that I do the way I want.

And what do we need to do to make this happen?

-Yeah … what I know, maybe a new apartment, I have at least the personal assistant and to not respond to anyone.

And have you ever suggested that to the parents? How do they react?

Well I had not proposed that to them … I once talked that I would like to live alone in an apartment, and they said- how would you make it on your own and so on? Then, they use my pension, so I could not again pay for my personal assistant, and I should pay a personal assistant.

And tell me do you have your pocket money or you give that money to your parents as you said?

- I give it to my parents.

Women, between 26 and 40 years old, unemployed

From individual experiences it is noted the lack of independence of people with disabilities in decision-making as well as in their implementation. People with disabilities are prevented in that by their families, especially fathers prevent female children. Although women with disabilities have cited a large number of examples of human rights violations in the area of private and family life, women with disabilities are not aware that the vast discrimination has done to them in examples when they say that they are involved in family life, when they say they do some housework that are inherent in the Montenegrin society exclusively for women.

People with hearing impairments are singled out in this area as the most discriminated group in the population of persons with disabilities, because due to the lack of service of sign interpreters, they further lose their independence in the family. And furthermore if they would be involved in any other area of life, only the family can provide support in order to establish contacts with others (this will be illustrated by a concrete example when we should discuss the health sector).

6.3.2. The legal aspect

Articles 22 and 23 of the Convention on the Rights of Persons with Disabilities processed respect for privacy and family life. Partly related to the matter is also the Article 12, which speaks of the equal recognition of persons before the Law. Montenegrin legislation regulates this area as follows:

Respect for privacy is governed by Article 40 of the Constitution, which provides that everyone has the right to respect for private and family life, and Article 42, which provides inviolability of letters, phone calls and other means of communication. Deviations from this rule can only be based on the decision of the Court, for the purposes of criminal proceedings or for the security of Montenegro by Article 43 which guarantees the protection of personal data. Provisions of this section prohibit the use of personal data for the purposes for which it was collected. Health Care Law among the rights and duties of citizens in the health care has provided the right to privacy and confidentiality of all information relating to their health. In addition, the Criminal Code provides the punishment for the perpetrators of criminal acts - disclosure of personal and family life (Article 197).

De jure protection of the privacy of all persons, in facto for persons with disabilities does not exist because of the lack of support services that enable the privacy. They are the objects of charity from their family and their privacy actually does not exist.

It is important to point out that the harboring of persons with disabilities by a family Law on protection against domestic violence is recognized as a form of violence and sanctioned by the highest penalty in the Law, which speaks volumes about the vulnerability of this group and almost their daily exposure to threats to their dignity and equality by family members. This Law guarantee to persons with disabilities who are victims of domestic violence a special protection and assistance, as well as the urgency of the procedure relating to the protection against violence of these persons.

In the particular situation of dependency on family members are those persons who are fully or partially incapacitated, because of their disabilities, cannot even enter into legal contract of civil Law, such as the purchase, lease, gift, guarantee, etc., Or that by the will statements, otherwise dispose of their property rights, for example, by testamentary disposition, but they also cannot, based on the testimony of their own will, to get married, to get the right to adoption or employment, and the like. However, a person who is partially lost his capacity has diminished the ability of establishing the above rights, on the basis of its freely expressed will, in the limits of the decision on deprivation. From the standpoint of a person who has completely lost his capacity, it can be said that, on the basis of a court decision, sustained the atypical and humiliating status, the status of the object of law: they no longer have the right to decide about themselves and their lives, because their discretion, by the decision of the Court, waives instead of him, certain aspects of his life are decided by the person he was designated as a guardian that is in almost all cases, a family member. At the same time, the guardian of the person deprived of legal capacity, may decide on the disposition of the property rights of individuals, but it cannot do that if it is a non property rights of nature, such as, for example, marriage or establishing a family unit. In these aspects of private life, a person deprived of the ability is completely denied or taken away of the rights that it had before the court ruled on deprivation.

This attitude hinders these individuals to make independent decisions about parenting and marriage. The Law on the conditions and procedure for termination of pregnancy requires that a person deprived of legal capacity may perform abortion without prior written consent of a guardian. As a condition for the application of assisted reproductive technologies, the Law on fertility treatment with assisted reproductive technologies provides business acumen and psychosocial status of parents on the basis of which it can be expected to provide the conditions for a child to fully develop. Therefore, people with intellectual and mental disabilities, in many cases are deprived of their right to birth by ART, and psychosocial situation is rather broad, and in practice it can cause distortion of equality of persons with disabilities in the area, and to prevent the independence and disruption of their personal dignity.

Family law is an impediment to marriage is considered mental incapacity due to mental illness or some other reason. This is a legal standard that, in practice, can be interpreted broadly, and thus deny to persons with intellectual or mental disabilities the right to marry.

This area of the Montenegrin legislation is not in line with the UN Convention on the Rights of Persons with Disabilities. There are no established system of support services, as well as other forms of support to persons with disabilities to achieve their full independence from family and achieving their privacy.

Support for parents with disabilities in fulfilling parental duties is not legally regulated. Thus persons with disabilities cannot exercise the right to establish a family and parenting which is by a number of legal provisions difficult for them. This violates the principles of dignity, independence, non-discrimination and equality, participation, inclusion and respect for diversity and accessibility.

Excerpt from the article: I can almost do everything, DL ‘Pobjeda’, Society, 05 November 2012

>M.B. is an intelligent, highly skilled girl. She misses, as she says, only a few inches in height (tall, 126 centimeters). Born in Murine in municipality Andrijevica. Until the school she had no feeling that she was different. Surrounded by caring parents, siblings, M.B, grew up in a harmonious family. She did not go anywhere alone, constantly accompanied, as a fairy princess, lived in the belief that her brothers are 2 meters high just God-given.

After finishing school, I paused for two years, returning to the village with my parents. But over time I realized that no one would get to do what only I can and it is high time to do something with my life, says M.B. and so I returned to Podgorica, where I completed a variety of courses, ranging from drawing school, training, where she learned to make various items of cornstalks as well as bags, baskets and other interesting things.

Our interviewee opened her soul with difficult, but during the conversation we were winning her trust, step by step. -A lot, I cried a lot. And mostly in high school ‾ she continues her story.

M.B. reveals that she had a secret relationship for three months with a guy who is absolutely healthy and wanted to marry her. She says that she was infinitely loved, but she persuaded him to take the test, concerning his mother.

He told his mother that his good friend wants to get married, but there is one problem. When the mother asked what it was, he explained to her that his friend is in love with a woman with dwarfism, to which she said, God forbid! Then something ached me in the heart and I was firmly resolved to end the relationship with that guy. To this day, I wanted to call him, see him, but I do not believe in love anymore-she has said with disappointment.

Comment: From the mentioned article it is recognizable that the female who gives the interview doesn’t have self-confidence and realistic picture between her private life and her privacy and relations with her partner and family members. She is not aware about her rights and totally accepted the fact that she is the one to blame because she is the person with disabilities. Media used this personal story to make sensational interview not thinking about credibility of an interviewer and her dignity.

Although the allegations from the text that we are going to cite are more related to living conditions, and support services, we quote them in part for private and family life as they speak about the relationship of parents to children with disabilities, separation of children with disabilities, especially emphasizing and explaining that all the problems and troubles in the family are caused by the family member with a disability.

Excerpt from the article: Children who do not watch cartoons, e-portal “Balkan”, Society, 24 September 2012.

The only income that Jovovic receives is the social welfare, and he is paying rent with that money. The trouble never comes alone, so to the whole trouble is added the fact that they have one of the children with special needs, and family do not have the resources to provide adequate medical care. Government aid is necessary, whatever it would be, at least the youngest members would not remember their childhood by darkness and hunger.

Is it going to be the bringing of electricity, whether it's an accommodation, something need to be done, because for months we live as if we were in the stone age. My kids do not even know what a cartoon is, they learn by the light of the candle, three students and one child with special needs. My children were taken right to life, says the oldest Jovovic.

Comment: Here it is very clear that there are many family problems such as hard way of life, lack of support from public services but interviewer (father) underlines that all problems that this family has are just because he has child with disability. And regarding to this he shows family as a victim just because of his child disability. It is very clear that even parents are using their child disability to escape from real responsibilities in taking care of whole family members.

6.4. Income security and support services

6.4.1. Individual experiences in income security and support services

In the field of income security and support services, the respondents mentioned quite a number of negative experiences. When it comes to the principle of the dignity of total of 4 respondents reported negative experiences, for the principle of non-discrimination and equality of total 13 respondents who reported 21 experiences, all 13 reported negative experiences, which means that neither men nor women with disabilities, that is no person, regardless of the type of disability, does not have positive experiences with this principle. It is the same, for the principle of respect for diversity; all three respondents who reported four negative experiences said that those experiences were negative among persons with physical and multiple disabilities and persons with visual impairments. For the principle of independence of total 6 persons, all 6 reported only negative experiences. The most experiences for this principle were stated by persons with physical disabilities.

What are the biggest barriers or challenges you had faced in your life?

It was when the Social Work Center stated that I received someone else's care, I went to the municipality to look for the paper that was approved by the Centre for Social Work, the employee told me:"How can you receive someone else’s care, that certificate can not be given to you when you're able to come here to the third floor and ask for someone else's care?.”

Male, aged between 41 and 55, unemployed

In addition, people with disabilities have obstacles and problems in accessing support services, officials often do not understand their needs, they are very rough, do not respect their personality and discriminate them. Only for the principle of participation, inclusion and accessibility we have 6 respondents who reported positive experiences of total 40, which mean that there were most negative experiences with this principle.

A large number of experiences are concerning the lack of support services. However, apart from the support services persons with disabilities have problems in obtaining and seeking assistive technology as well as aids and revenue assurance.

- And plus my husband should receive his father’s pension when his father died, but people from the Center for Social Work were not fair at all, they asked for a document that he is disabled, and they said that there are no documents that my husband had a permanent hearing impairment, that there is no such document. He went to Podgorica and he had received help from my groomsman that is his brother. I have no idea what will happen next. Concretely, my husband wanted to transfer the pension, that belonged to his father in law, on him but that is a big problem now, because he was born deaf-mute and does not have that document.

And where can you find this document?

- He gave these documents to the Center for Social Work, but their employees had lost the document, and now they can’t find it. My husband is alive and they should not lose that document.

Women, aged between 41 and 55, unemployed

Did you ask for that kind of assistance, and from whom, and did you receive any assistance?
- We looked for an interpreter, but they are asking for the certificate that he is an interpreter, and since we do not have an interpreter with such certificate, that is the problem. Certificates are not relevant, we should inquire how to make the organization to request from the interpreters to qualify for taking the exam, we do not have project we can’t create such a project.

Male, aged between 41 and 55, unemployed

In this field, in contrast to the health, the number of negative experiences related to gender is approximate (as will be seen below). So we have that women with disabilities noted more negative experiences in relation to the principle of dignity, equality and non-discrimination and participation, while we have more negative experiences among men with disabilities when it comes to the principle of respect for diversity, and inclusion and accessibility. Both, men and women with disabilities had 3 negative experiences when it comes to the principle of independence. Very few positive experiences were noted in relation to the total number of the experiences of respondents among 3 men with disabilities, only 3 positive experiences, while 3 women with disabilities noted 5 of such experiences and both in the field of participation, inclusion and accessibility (where one women have more than one positive experiences).

Well the procedure is long; I have received the first wheelchair which I used for several years. It broke down and could no longer be repaired. I had to wait for some time to get another wheelchair that is to get the right for another wheelchair. I found it very difficult and I think that they need to pay more attention to us, persons with disabilities so that we could get our orthopedic devices in a more efficient way. We should not have to wait for these long procedures but to get the orthopedic devices within a short period of time

Women aged between 18 and 25, supported person

In this field people with disabilities have a number of problems, they do not have any choice and almost have no access to support services, and very often to orthopedic devices which are necessary to them.

Because of my disability I am limited with the shoes I can use. So no matter when I see appropriate footwear, it is usually something that has a heel, something that does not suit me, but that's about one of the problems.

I feel terrible at that moment, as women always pay a little more attention to that part. Now the focus is only on the comfort regardless of the aesthetics, or the price of the shoes, no matter what, the comfort has to be satisfied. The offer is very limited and I have to take what they have, regardless of whether I like it or not. I have absolutely no choice. In this part, I have no choice.

Women aged between 41 and 55, employed

The unemployed persons can not get voice software, but only employed persons or high school and university students. Why is it limited? So the employed can get it, and those who have nothing, who are unemployed perhaps wanted to work, to practice, to prepare, they can not have it.
So the unemployed can not have it, and the employed and high school and university students can. I think that it’s a terrible discrimination. So if they have nothing, they can not get it, maybe me or someone younger than me who would want to practice, to work, to exercise, to go on trainings, he must buy it and it costs 350 Euros.

That is a terrible injustice.

Male, aged between 41-55, unemployed

6.4.2. The legal aspect

Articles 19 (Independent living and the involvement in the community), 20 (Personal Mobility) and 28 (Adequate standard of living and social protection) of the Convention on the Rights of Persons with Disabilities refer to the field of income security and support services. The Montenegrin legislation regulates this field as follows:

One of the important facts that negatively affect the participation of persons with disabilities in social life and in all other areas is the fact that in the national legislation is not explicitly mentioned nor protected the right of people with disabilities on an equal basis with others, to decide how, when and with whom to live, or that they are not forced to live in a particular living arrangement.

Support services as services that contribute to satisfying the needs and realization of rights of persons with disabilities, do not exist as such, in the Montenegrin legal system. The traces of something that could be related to the support services are the provisions of the Law on Social and Child Protection relating to the role of Social Work Centers. The Strategy for the Integration of Persons with Disabilities in Montenegro only mentions support services, and says that we need to work on developing of the existing and establishing of lacking support services.

In practice, the lack of, or systemic failure to resolve funding of existing support services often indirectly influences the fact that people with disabilities are forced to live in a particular living arrangement. In this way, the principles of equality and non-discrimination, participation, inclusion and accessibility; of respect for diversity; independence and dignity are being violated. In this field, organizations of persons with disabilities, contribute through the establishment and piloting of different services.

The following statement from an interview confirms this.

- I had been going to school, but I had problems with decubitus. I have been sent to the hospital later and after that they sent me home. At home I did not have appropriate conditions. My family house has no bathroom and is quite unsuitable for a person with disabilities like me. I lived with my father, brother and with my father’s sister and I did not have proper hygiene and assistance. I got even more decubitus and wounds. It is impossible to live in the countryside in the family house without proper conditions. I do not have mother to take care of me, or a woman who could assist me. Thereafter I was sent to a hospital treatment in Bijelo Polje, where I have been treated for a long time. I spent almost one year in hospital afterwards I was placed in a nursing home. It was quite difficult for me to stay in hospital and deal with all that. I have been treated without necessary orthopedic aid. It took me a long time to get orthopedic aids such as wheelchair. It is quite a long procedure. It was hard for me to lay in bed until 4 in the afternoon to wait for a hospital wheelchair, but other patients used it and they needed it too

Do you need some other service so you could be able to take part in society?

- An assistant is really necessary to me.

Did you have an assistant?

I did not.

Monitor: And would you like to have an assistant and how would that affect your life?
- Well, I'd like to have an assistant and I think it would be much better than without an assistant. It would be nice if I could accomplish that.

What would be different in your life if you had a personal assistant?

- Well, it would be a lot different because I do not have a place where I could live alone. I could not possibly afford it without an assistant.

Female, between 18 and 25, user of foster care

Clip from the article: Strengthening for independence, DN "Dan", Region (16 pages)

Participants of the conference on independent living of people with disabilities, which was held at the hotel "Princes" in Bar, adopted the conclusions and recommendations which welcome all positive changes in the social position of people with disabilities. As positive aspects of the conference they emphasized the will of persons with disabilities to develop a network of independent living, and the commitment of the participants of the conference to cooperate on promoting the philosophy and principles of independent living.

- As the general progress of society, the strengthening of persons with disabilities for independent living is noticeable. Primarily through personal assistance services, and with increasing independence as well as by the help of their family members. A personal assistance should be referred to as a human right, which is why it must not be conditioned by material status, individual capacities, community, society and the state as a whole.

In their opinion, it is necessary to legally define and provide social housing and supported housing in practice, in the following period. Also to raise awareness of PWDs themselves on the importance of independent living and the options for its implementation. It should also raise awareness of the PWDs environment on options for independent living and the need and usefulness of independent living, to differ personal assistance from other forms of assistance (in-house assistant, working assistant , teaching assistants), to improve the treatment of people with intellectual disabilities and people with mental illnesses, allow the inclusion of persons with disabilities - representatives of organizations of persons with disabilities in decision making processes and deciding, provide sufficient financial support to organizations of persons with disabilities to enable them to provide necessary services. In addition, ii should work on networking of the organizations of persons with disabilities because of common goals and activities in the field of independent living.

Professional assistance, training and educational programs for people with disabilities and professionals who work with them are not provided by legally binding norms. Even though the Strategy and the action plan for its implementation from 2009, defined the activity on adopting the law for personal assistant, it has not been reached yet. The strategy for the integration of persons with disabilities, among the measures stated provision of modern aids and more support services and institutional framework that would work on improving these areas.

Is there a support service that could help in such or similar situations?

- Far as I know there is no institutionalized service.

Male, aged between 26 and 40, unemployed

Considering that the legal norms do not guarantee the right of persons with disabilities on personal mobility, or regulate measures and services that would enable it, the principles of independence, dignity, participation, inclusion and accessibility, non-discrimination and equality and respect for diversity are being violated.

Social welfare is mentioned in general in the Constitution, in Article 67 which states that the social security of employees is mandatory, and that the state shall provide material security to the person who is unable to work and without any means of livelihood.

National legislation does not meet all the requirements contained in the Convention on the Rights of Persons with Disabilities, that is does not provide the rights of all persons with disabilities to basic services, adequate food, clothing, access to clean water, while only regulates accommodation of these people, and to some extent the continuous improvement of living conditions for children with physical, mental or sensory disability (Law on Social and Child Protection)

People with disabilities and their families living in poverty are eligible for assistance from the state to cover costs related to social status, not the disability (family material support)

The right that could be associated with covering the costs related to disability is the right for care and assistance, because among other things, it can be realized by a family allowance of the person which due to permanent health problems or age requires constant care and assistance in the fulfillment of basic needs.

The right which is granted to a person with disability, unable to live and work independently is personal disability allowance, which should serve to cover the cost of living of that person by the interpretation.

Instead providing state legislation and measures to ensure social inclusion of person with disabilities, the focus is on welfare and assistance to these persons, showing still present guardian relationship towards this population.

There is no assistance for blind people when entering certain facilities, socio-political organizations, or private stores. When a person who does not see well get very close in order to see the price, they think that he wants to steal something, so there is no awareness about this issue.
They think that living conditions of people with disabilities are improved, saying that they receive regular social benefits. They give them sixty-three Euros for care and assistance and they think that all the problems of these people are solved, but it is not like that.

Male, between 41-55 years old, retired

People with disabilities have the right to apply for the apartments for people in social need under the same conditions as people without disabilities. These apartments are financed from different funds of local governments.

Retirement benefits and programs for people with disabilities, that is for the insured persons with full / partial loss of working capacity are regulated in a manner that such person legally acquire full / partial disability pension. In addition, people with a physical disability of at least 70% as well as other people with disabilities are entitled to insurance service at an accelerated rate (Article 74 Law on Pension and Disability Insurance).

An excerpt from the article: She cannot work, but she must, ND VIJESTI, October 10th 2012. Montenegro (page 41)

A few days ago she got a response from the executive director of "Mercator" Ivan Karadzic, even though her medical records confirm her serious health condition, their internal regulations do not allow the creation of social programs and suggested her, to take action for obtaining a disability pension in accordance with "a diagnosed significant damage of health at the competent institutions, which would partially solve the problem that she continuously shows ".

COMMISSION for disability pension rejected her.

M.L. addressed the Disability pension commission, which rejected her in January, and at the Health Fund she was told that she used all the legal possibilities for using sick leaves.

"When I went back to work, I fell few times while serving the customers, so my customers helped me to get up from the floor. I was embarrassed to work in that condition with people watching me. As time went on I became more and sicker and my whole family grew restless. On Monday, the vacation (sick leave) ends, and I will try to take the sick leave again. If I could not do so, I'll come to work on crutches, and I'll start the hunger strike at the store where I work. I can not afford to lose my job, but I am not capable to work ", said M.L.

Comment: During the period of work on analyzes of social attitudes, respectively on media picture on disability, on M.L. has been written 26 articles, mostly in daily press. She wrote to everyone, from Ministry of Labor to Prime minister. She started with hunger strike in October and that strike lasted till the end of the period which was monitored. Most of the articles was written in medical and heroic model with sensationalistic headlines such as: Began a hunger strike on crutches, Take seriously my strike, suicide is not foreign to me

These provisions which do not guarantee the right to an adequate standard of living, but only allowances in certain areas (benefits, experience) are not in accordance with the principles of dignity, non-discrimination and equality, independence, respect for differences, equity, inclusion and accessibility.

6.5. Health, habilitation and rehabilitation

6.5.1. Individual experiences in health, habilitation and rehabilitation

Health, habilitation and rehabilitation is one of the areas in which the respondents were quite often complaining about negative experiences. How the rights of persons with disabilities are violated to when they are in the role of patients, can be seen just by the fact that 14 respondents reported 16 experiences related to the principles of dignity, and there is not a single a positive experience. (In this area, we have repeated discrimination, for example, several times happens different situation but to the same person when he/she is going to the doctor)

In addition to violating the principles of human rights of persons with disabilities regarding access to health facilities, providing health services, people with disabilities are particularly affected with the treatment of health professionals.

When I visit a doctor, the doctor does not talk to me, but to the person who is my escort. He asks of the person who is with me to warn do I complain, and has a conversation with that person rather than with me… And then, when he finally starts to talk directly with me, then he makes it with a raised voice, as vision impairment is associated with hearing impairment, and he believes that if I do not see I also do not hear well.

Male, between 26 and 40 years old, employed

When analyzing the violation of other principles of human rights of persons with disabilities in the areas of health, for the principle of non-discrimination and equality there are 16 negative experiences reported by 14 respondents, then by the principle of respect for diversity 15 negative experiences have been listed by 9 respondents, and with the principles of independence, we also have 5 persons with 5 negative experience. The only positive sample was recorded with the principles of participation, inclusion and accessibility, while in the case of this principle also have a number of negative experiences, 20 to be exact by 12 respondents. Therefore it can easily be deduced that of 73 experiences in the health field we only have only one positive example of respect for human rights principles. This example has been listed by a man with a disability and does not refer specifically to the experience, but to the fact that people with disabilities are actually given access to a health facility.

Out of all institutions in Bijelo Polje i belive that the hospital is the most accessible, not enough but definitely most accessible for the persons with disabilities.

Male , between 41 and 55 years old , retired

When it comes to experience and principles of human rights in relation to the respondents' gender, 10 women with disabilities have indicated the most negative experiences up to 12 when it comes to the principles of dignity, and 7 women indicated 11 examples when it comes to the principles of participation, inclusion and accessibility. On the other hand, men with disabilities have more negative experiences identified when it comes to the principle of respect for diversity and there were 5 men with 9 listed examples, while 4 women with disabilities experience stated 6 experiences. Women with disabilities have indicated 10 negative experiences more than men with disabilities. People with visual and hearing impairments, and persons with multiple disabilities have no positive experiences in this area, and the largest number of human rights and the principles violations have been listed by 14 persons with physical disabilities and in the 42 negative examples in relation to one single positive. However, we can conclude that there is a difference in the violation of human rights principles in relation to the type of disability. The differences relate to the different causes and relationships in which human rights are violated. People with physical disabilities face barriers in access to health care facilities, inability to use a number of health services because of inaccessibility of rooms, toilets, inadequate amount of beds, and very rarely give examples of unfair treatment towards them, except waiting in the lobby for a few hours. However, people with sensory disabilities in almost 100% complain about the treatment of staff towards them.

In this sense, in this area, particularly discriminated persons are persons with hearing impairments, so that every person with hearing impairment who had experience in the health field repeats the same problem when establishing communication with doctors.

What is the relation, what are the differences in these hospitals for persons with disabilities?

- When I, just imagine when I completely motionless have to call the nurse and she calls me a bad word. She says I can not come, shut up and wait until I finish my coffee.

Male, between 56 and 70 years, retired

How do you cope when using the health service?

Mostly, I take one of my children with me in the hospital. I once went with no one, and in hospital I waited, waited for two hours. When everyone had finished I started to get in, they told me I cannot go in now because they have already called my name but I didn’t hear it.

How did you react to that type of behavior?

-I was not able to respond I only made the appointment for the next day and arrived the next time with my daughter.

Women between 41 and 55 unemployed

When received by the selected doctor for I have to wait three hours to get in. I believe that such a person should be a priority, I do not know why such an institution has not adopted a regulation or something that these people have an advantage in the entering part or any other right in relation to the health care field. And also the co-payments, I believe that every person with a disability should be liberated from it.

Female, between 18 and 25 years old, unemployed

And how do you manage in the hospital, or at the dentist?

Father takes me to the examinations, I am afraid to go alone and I never did it, usually the mother and father took me and often the problem was related to vertigo, so I did not have any serious problems.

Would you like to be able to do that by yourself?

- I'd love to go myself, but my parents usually do not allow me to because of the communication with doctors, they have the fear of miscommunication. My parents often say you can not go alone to a doctor, or to explain the problem, and then for her mother takes me.

Female, between 18 and 25 years old, employed

Why did they treat you like that?

- When I had problems with my tooth, it was swollen, I waited for several hours for the doctor, they came, I just could not get in the line, and my mother went with me. So I think that we are at the bottom of the line in terms of treatment.

Male, between 18 and 25 years old, employed

When it comes to the area of habilitation and rehabilitation monitors did not ask for more direct questions, so respondents did not mention the experience in this field. However analytical monitors suggest that this area may be particularly interesting to examine so then we will list the recommendations in which we will list the basic steps that we believe should be as soon as possible defined and regulated systematically.

Also in the field of health care in the six months for which we conducted media monitoring, we could not find articles relating this area and which could corroborate the analytical and system monitoring, because most of the texts that we have found to a greater extent speak about the living conditions, lack of support services, linking it to the medical condition, or in some texts, depending on the intention of integrating it with health and disability, which means that in this area is represented exclusively the medical model. In addition, in such situations, the family members are being victimized.

Excerpt from the article Missing money for medicines, ND "Vijesti", 29 December 2012th MONTENEGRO (page 39)

S.J. from Niksic has long since ceased to believe in Father Christmas and New Year's wishes, because he knows that his greatest desire to be healthy can't be achieved. He is also not superstitious though his No. 13 issued a disaster, because on the 13 July in 1994, while riding his bicycle he was hit by a car and he remained blind and immobile.

His seventy-three old mother M.J. was also in poor health, but does not think of herself. Her son is the only concern. Last year she underwent surgery of thyroid gland, and twenty days ago she broke her arm.

Comment: This is one of the forms mostly used by media with texts talking about the health of persons with disabilities. Man on whom the article is written is subject of media story on the same way every year. There are campaigns for him, seeks help from “human people” for his “healing”. All texts are sensationalistic with attempt to elicit compassion and pity.

6.5.2. The legal aspect

People with disabilities are guaranteed by domestic legislation the same choices quality and standard of health care provider stating the availability of health care on equal terms to all citizens of Montenegro, as well as encouraging the performance of health care services in accordance with national and international standards (Article 2 of the Law on Health Care) .

Reproductive health services are available to all citizens under equal conditions and free will. However, there is a legally defined measures for the establishment of equality in practice.

National legislation generally provides for priority health protection measures for the detection, prevention and suppression of diseases, injuries and their consequences at the national level, and in this regard are provided medical services specifically required due to damage. Specific provisions for minimizing and preventing further disability in our legislation does not exist. However, the analysis of the health care we can come to the conclusion that action is being taken for treatment and rehabilitation of certain diseases (not all of which lead to damage) which in practice has an indirect impact on the prevention of further disability.

Provision of health services related to disability as close as possible to where people with disabilities live provided through a primary care level, including: home care visits, treatment and rehabilitation at home. In addition, minors and adults which are mentally ill have the right to be cared for in the community, or to choose a doctor who will treat them in the mental health or psychiatric facility that is closest to the place of residence (Article 10 and 13 of the Law on Protection and rights of the mentally ill).

Because of the lack of harmonized terminology in this area usually associated with the disease many people with disabilities can not exercise their legal rights law. This leads to discrimination among the persons with disabilities and the existence of a de jure rights.

According to the Law on the Health Protection citizen has the right to information and notification on all matters relating to their health, self-determination, privacy, and confidentiality of all information relating to his health (Article 18, paragraph one single, item 2, 3, and 7).

Through the night I had problems with my stomach, and I went to the doctor because I could not calm the pain. I handed over my card and waited for two hours until the nurses had their coffee. I told them as far as pain, it hurts me harder and harder, they are not paying attention. I called my mother, and my mother came and walked to them and told them. I was terribly discriminated that way. The doctor said he is not obliged to talk to me because he does not understand my language.

Male, between 18 and 25 years old, employed

Provisions that would relate to raise awareness of human rights, dignity and autonomy and needs of persons with disabilities in this area do not exist.

There is no anti-discrimination provisions concerning health insurance for all citizens, and others, on the principles of obligation, reciprocity and solidarity, the right to health care and other rights in accordance with the Health Insurance Act (Article 3).

The Insurance Act does not provide anti-discrimination provisions that are related to life insurance.

Law on the Prohibition of discrimination against persons with disabilities stipulates that discrimination against persons with disabilities, on the basis of disability in the areas of health care is considered a refusal to provide medical services to a person with a disability on the basis of disability, as well as setting specific requirements for the provision of health services to a person with disabilities on the basis of disability, or the withholding of information about your current health status, measures taken or intended treatment and rehabilitation of persons with disabilities on the basis of disability, which people with disabilities are protected in the provision of health care services.

However, this provision is violated every day in practice.

The biggest problem is provision of adequate dental care for children with mental disabilities in the fact that dentists refuse to do fillings without anesthesia, and that can with children with mental disabilities have other consequences, especially when it comes to Down's syndrome. ²

Note #2

Special Report on the human rights of mentally ill persons placed in institutions.

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These provisions de jure guarantees the principle of dignity, non-discrimination and respect for diversity and independence, but non-stipulation of specific measures for the realization of these rights is not in full compliance with the principle of inclusion, inclusion and accessibility. As in other areas and also in this one of the biggest problems is the non-implementation of legal regulations by the responsible entities.

In the legal system there is no defined term rehabilitation and habilitation but instead it involves the health care services so therefore does not even recognize the special service responsible for providing services for persons with disabilities.

What label would they typically used in dealings with you?

- Usually they insult me when I use my hands while speaking. I try to talk sense in a way, but is not possible. Usually people with this type of disability have the hednikep that are often found in this problem because of the gestures with their hands, that all people have, not only …

Do you think that other people with disabilities, labeled in the same way as you? Or is it just a case of the deaf-mute people?

- All persons with disabilities. Usually when I go to a doctor, they usually laugh, and just do not have understanding for me.

Male, between 41 and 55, unemployed

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