M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 19 – Social Policy and Employment Bilateral screening: Chapter 19 PRESENTATION OF MONTENEGRO Brussels, March 2013

Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT SYSTEM OF SOCIAL AND CHILD WELFARE Remzija Ademović Advisor to the Minister Ministry of Labour and Social Welfare

Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT EU Legal Standards Social inclusion and social dimension Strategy Europe 2020 (52005DC0706); European framework for social and territorial cohesion (52010DC075)

Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT System of social and child welfare Normative framework: Montenegro Constitution (“Official Gazzette of Montenegro” No. 1/07) Law on Social and Child Welfare (“Official Gazzette of RoM”, No. 78/05) Family Law (“Official Gazzette of RoM”, No. 1/07) Article 67 of the Montenegro Constitution (“Official Gazzette of Montenegro”, No. 1/07), stipulates that the social insurance of the employed is obligatory and that the state ensures fianancial security to the person incapable for work and without means of support.

Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Goal of the social and child welfare The Law on Social and Child Welfare stipulates that: The goal of the social and child welfare is ensuring protection of a family, an individual, children at risk, and persons in the state of social need, or social exclusion. In reaching this goal, those who are specially protected are the incapable for work and the materially unprovided, children without parental care, children with physical, mental, and sensory disability, abused and neglected children, children with behavioural disability, persons with disabiliries, senior citizens, persons and families who need an appropriate form of social protection due to special circumstances (Article 4). In exercising rights from the social and child welfare, citizens are equal, citizens are equal irrespective of their national affiliation, race, sex, language, religion, social background, or other personal attributes. (Article 5).

Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Basic rights from the social welfare: Law on Social and Child Welfare stipulates basic rights from the social welfare 1) material support for a family; 2) personal disability allowance; 3) care and support of another person; 4) placement in an institution; 5) placement in another family; 6) assistance for vocational rehabilitation and job training; 7) health care; 8) funeral expenses; 9) one-time financial assistance. The Family Law regulates guardianship for the adults (Article 178). The State can also provide some other rights and forms of social welfare in accordance with the material possibilites.

Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Basic rights from the child welfare: - Newborn baby equipment; - Allowance for children; - Compensation on the grounds of the child's birth; - Remuneration of salary for part-time work; - Rest and recreation for children (Article 43) The Family Law regulates the adoption (Article121), family placement (foster care) Article 162, guardianship (Article 178), Adjustment of amounts of the compensations for the rights from the social and child welfare are performed upon the proposal of the Ministry of Labour and Social Welfare with the prior consent of the Ministry of Finance. Social and child welfare is financed from the state budget

Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Strategic framework: Strategy for the Integration of the Persons with Disabilities in Montenegro Strategy for Resolving the Issue of Refugees and Internally Displaced Persons in Montenegro, with Special Reference to the Konik Area Strategy for Development of Foster Care in Montenegro Strategy for Protection against Domestic Violence

Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Institutional framework Institutional framework: Ministry of Labour and Social Welfare Institutions of social and child welfare: Institutions for the placement of children and youngsters (2) Institutions for the placement of teh adult –persons with disabilties and senior citizens (3) Institution for rest and recreation (1) Social welfare centres (10) Day care centres for children with disabilities Institution ofr Refugee Care and Support Local government bodies

Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Reform of the Social and Child Welfare System Project “Reform of the Social and Child Welfare System: Improvement of the Social Inclusion” is implemented through the EU funds (IPA 2010). Partners in the project are the Ministry of Labour and Social Welfare, Ministry of Education and Sport, i kancelaand offices of the UNDP and UNICEF in Montenegro. The goal of this project is to facilitate the access of the vulnerable, socially excluded groups of population to the comprehensive, inclusive, and sustainable services based on family and community.

Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Reform of the Social and Child Welfare System Developed text of the Bill of Law on the Social and Child Welfare Its passing foreseen for the second quarter of 2013 The goal fo the new law: Fostering the development and introduction of a variety of new social services of the social and child welfare, and involvement of as many different actors in the provision of services Expanded and specified number of services including: assessment and planning, support for community living, counseling and therapy, the social and educational services, placement, and immediate intervention. Stipulating of the minimum standards for service delivery The procedure for obtaining licenses for organizations and experts in the field of social and child welfare, as well as the accreditation procedure for the training programs

Chapter 19: Social Policy and Employment M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Chapter 19: SOCIAL POLICY AND EMPLOYMENT Planned activities Implementation of the Project “Reform of the Social and Child Welfare System: Improvement of the Social Inclusion” Passing: - Law on the Social and Child Welfare in Strategy for the Development of Social and Child Welfare in Strategy for the Development of Social Welfare of the Senior Citizens in National Action Plan for Children in Implementation of the Project “Social Security Card”

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