ANALIZA SUDSKE PRAKSE U CRNOJ GORI U VEZI SA ZAŠTITOM PRAVA LGBTI OSOBA PRAVOSUDNI ODGOVOR NA NASILJE
ANALYSIS OF COURT PRACTICE IN MONTENEGRO REGARDING THE PROTECTION OF THE RIGHTS OF LGBTI PERSONS JUDICIAL RESPONSE TO VIOLENCE

Author(s): Siniša Bjeković
Subject(s): Gender Studies, Criminal Law, Human Rights and Humanitarian Law, Sociology, Gender history, Criminology
Published by: CEDEM Centar za Demokratiju i Ljudska Prava
Keywords: LGBTI discrimination; Montenegro; hate speech ; hate crimes; homophobia; transphobia; anti-gender narratives; online violence; EU integration; human rights ; gender identity
Summary/Abstract: The social context in Montenegro warns of numerous examples of discriminatory behavior towards LGBTIQ (hereinafter: LGBT) persons and patterns that are continuously present to a large extent and consequently related to stereotypes, prejudices, stigmatization and intolerance towards everything that is relatively new and/or was not represented in discussions of general importance. To that should be added the significant participation of extreme groups and right-wing groups that spill their influence into all spheres of social life, justifying their attitude towards controversial issues such as minority groups by respecting tradition and local customs of living based on a conservative approach, even when it comes to human rights. In the debates, one goes a step further, so that human rights are understood as dosed and a need directed only towards what constitutes the interest of a group or groups that advocate different rights and freedoms. Thus, in practice, freedom of expression and freedom of assembly are often invoked, but only to the extent that this right should not be guaranteed to individual groups or individuals who seek the same rights for some minority groups, specifically sexual minorities. As soon as this issue is opened, such freedoms become contested as an alleged means of destroying the family, society, and even the state, which is obliged to provide these rights to everyone, regardless of their personal characteristics.

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