1. 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, 11-13 March 2013

2. 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 Persons with disabilities in Montenegro Mirjana Đurić Senior Advisor I Ministry of Labour and Social Welfare Goran Macanović Acting Executive Director Association of the Blind of Montenegro

3. 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 Persons with disabilities in Montenegro From charity and protection to participation From the medical model through the social one to the integrative approach From stigma through anti-discriminatory norm to the civic awareness

4. 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 Charter of Fundamental Rights of the European Union Article 26 - Integration of persons with disabilities The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community Normative framework: Constitution; ("Montenegro Official Gazette, No. 1/2007“)–Article 68 which lays down that special protection is guaranteed for persons with disabilities Law on Ratification of the UN Convention on the Rights of Persons with Disabilities; („Montenegro Official Gazette“, international treaties No. 2/09 ) Law on Social and Child Welfare; („Official Gazette of RM“,No. 78/05), Law of Prohibiting Discrimination (Montenegro Official Gazette", No. 46/10 ; 40/11) Law Prohibiting Discrimination of Persons with Disabilities; (Montenegro Official Gazette", No. 39/11 ) Law on Disability Related Benefits in Travelling; (Montenegro Official Gazette", No. 80/08), Law on the Movement of Persons with Disabilities with Service Dogs; (Montenegro Official Gazette",No. 18/08,76/09) ; Law on Vocational Rehabilitation and Employment of Persons with Disabilities;( Montenegro Official Gazette",No. 49/08, 73/10, 39/11); Law on Employment and Exercising the Rights of Unemployment Insurance; (Montenegro Official Gazette", No. 14/10, 45/12); Labour Law; (Montenegro Official Gazette", No. 49/08, 59/11, 66/12); Law on Education of Children with Special Educational Needs;( Montenegro Official Gazette", No. 80/04,45/10); Law on War Veterans and Disability Protection; (Montenegro Official Gazette", No. 69/03, “Sl. list CG”, br. 21/08); Law on Pension and Disability Insurance; (Montenegro Official Gazette", No. 54/03, 39/04, 79/04, 47/07,. 79/08, 14/10, 78/10, 34/11, 66/12); Health Care Law; (Montenegro Official Gazette", No. 39/04, 14/10) Health Insurance Law;( Montenegro Official Gazette", No. 39/04, 14/12) Law on the Protection of the Mentally Ill; (Montenegro Official Gazette", No. 32/05) Law on Construction. (Montenegro Official Gazette", No. 55/2000, 40/08, 51/08, 34/11). Strategic framework: Strategy for the Integration of the Persons with Disabilities in Montenegro 2008-2016 Action Plan 2012-2013

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 Institutional framework: Council for the Care of Persons with Disabilities Ministry of Labour and Social Welfare Ministry of Education Ministry of Health Ministry of Human and Minority Rights Ministry of Tourism and Sustainable Development Ministry of Interior Ministry of Transport and Maritime Affairs Ministry for Information Society and Telecommunications Ministry of Finance Ministry of Justice Ministry of Culture Interministerial Working Group for monitoring the implementation of the Strategy Paralympic Committee of Montenegro Pension and Disability Insurance Fund, Health Insurance Fund Employment Agency of Montenegro Social Welfare Centres Day care centres for children with disabilities Residential Institution for Adult Persons with Disabilities, Public Institution "Komanski most" Institution for Children without Parental Care “Mladost”, Bijela Health Centres Centres for Support for Children with Disabilities Resource centres Kindergartens Primary and secondary schools University of Montenegro Disability related organizations Local councils for the care of persons with disabilities Local committee for orienting the children with disabilities in educational process

6. 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 ativities: Adoption of the Information on the Implementation of the Action Plan of the Strategy for the Integration of Persons with Disabilities in Montenegro for 2012 in 2013 Development of the new report on the implementation Action Plan of the Strategy for the Integration of Persons with Disabilities in Montenegro for 2014-2015 in 2013

7. 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 COUNCIL DECISION of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities Normative framework: Law on Ratification of the UN Convention on the Rights of Persons with Disabilities with the Optional Protocol, ratified by the Montenegro Government on 16 July 2009 („Montenegro Official Gazette“, Internationa treaties No. 2/09) Institutional framework: Council for the Care of Persons with Disabilities Montenegro - competent ministries, bodies and institutions Local government/ bodies and institutions Disability related organizations Planned ativities: Development of the Initial Report on the Implementation of the UN Convention on the Rights of Persons with Disabilities in 2013

8. 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 COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS European Disability Strategy 2010-2020: A Renewed Commitment to a Barrier-Free Europe Strategy for the Integration of the Persons with Disabilities in Montenegro 2008-2016 Action Plans Information on the Implementation of the Strategy

9. 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 Accessibility EU - Ensure accessibility of goods, service and public service, and devices to persons with disabilities. MNE - Removal of architectural, psychological and cultural barriers and creation of environment that does not limit persons with disabilities in terms of social inclusion.

10. 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 Normative framework: Law Prohibiting Discrimination (Art. 18, "Montenegro Official Gazette", No. 46/10 of 06.08.2010, 40/11 of 08.08.2011) Law Prohibiting Discrimination of Persons with Disabilities (Art. 8, "Montenegro Official Gazette", No. 39/11 of 04.08.2011) Law on Spatial Arrangement and Construction ("Montenegro Official Gazette", No. 51/08 of 22.08.2008, 40/10 of 22.07.2010, 34/11 of 12.07.2011) Law on Road Traffic Safety ("Montenegro Official Gazette", No. 33/2012" of 28.6.2012) Rulebook on Qualifiable Terms and Method of Adapting Facilities for the Access and Movement of Persons with Reduced Movability ("Montenegro Official Gazette", No. 10/09 of 10.02.2009) Rulebook on Defining Categories of Users of Benefits in the Use of Universal Service ("Montenegro Official Gazette ", No. 57/2010 of 1.10.2010) Strategy Action Plan for 2012-2013.

11. 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 Ministry of Tourism and Sustainable Development Ministry for Information Society and Telecommunications Ministry of Transport and Maritime Affairs Local government bodies Administration for Inspection Issues Chamber of Civil Engineers of Montenegro PLANNED ACTIVITIES Amendments to the Law on Spatial Arrangement and Construction in 2013 Rulebook on the Amendments to the Rulebook on Qualifiable Terms and Method of Adapting Facilities for the Access and Movement of Persons with Reduced Movability in 2013 Action Plan for Adapting Facilities for the Access of Persons with Reduced Movability and Persons with Disabilities in 2013

12. 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 Participation EU - Achieve full participation of people with disabilities in society by: – Enabling them to enjoy all the benefits of the EU citizenship; – Removing administrative barriers and obstacles due to different attitudes towards the full and equal participation; – Providing quality services to the community, including access to personal assistants. MNE – Providing conditions to enable persons with disabilities to achieve effective and full participation in political and public life on an equal basis with others, directly or through freely chosen representatives and through their organization.

13. Chapter 19: Social Policy and Employment Normative framework Law on Social and Child Welfare Law on Ratification of the UN Convention on the Rights of Persons with Disabilities Action Plan 2012-2013 Institutions Montenegro Government and competent ministries/public authorities and institutions Council for the Care of Persons with Disabilities Office for Cooperation with the NGOs Local governments International organizations NGO sector Planned activities - Continual implementation of campaigns aimed at raising awareness on the rights of persons with disabilities - Passing a new Law on Social and Child Protection in 2013 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

14. Chapter 19: Social Policy and Employment Equality EU - Eradicate disability based discrimination within EU. MNE - Improving the status of persons with disabilities in Montenegro and their inclusion in all areas of society on an equal basis 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

15. Chapter 19: Social Policy and Employment Normative framework Constitution Law Prohibiting Discrimination Law Prohibiting Discrimination of Persons with Disabilities Institutional framework Protector of Human Rights and Freedoms of Montenegro Justice courts and authorities for violations Administration for Inspection Issues Council for Protection against Discrimination Planned activities Amendments to the Law Prohibiting Discrimination in 2013 Amendments to the Law Prohibiting Discrimination of Persons with Disabilities in 2014 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

16. Chapter 19: Social Policy and Employment Employment EU - Facilitate many more people with disabilities to earn for their living in the open labour market. MNE - Establishing a legal framework for the employment of persons with disabilities, which should create the conditions for adapting to the labour market through education, training and vocational training, as well as the adjustment of the labour market to the needs of persons with disabilities 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

17. 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 Normative framework Constitution Law on Employment and Exercising the Rights of Unemployment Insurance; Labour Law Law on Vocational Rehabilitation and Employment of Persons with Disabilities; Rulebook on Conditions and Criteria for Determining the Percentage of Disability, Remaining Working Ability and Employment Opportunities ("Official Gazette of RM", No. 6/12); Rulebook on the Manner and Terms of Exercising the Right to Vocational Rehabilitation ("Official Gazette of RM",No. 58/11); Rulebook on Standards for the Implementation of Measures and Activities of Vocational Rehabilitation ("Official Gazette of RM", No. 57/11) Rulebook on the Conditions to Be Met by the Contractor of Vocational Rehabilitation, Work Centre, Sheltered Workshop and Protected Facility ("Official Gazette of RM", No. 58/11) Rulebook on Conditions, Criteria and Procedure for Exercising the Right to Subsidies ("Official Gazette of RM", No. 39/12) National Strategy for Employment and Human Resources Development 2012-2015 Institutional framework Ministry of Labour and Social Welfare Employment Agency Labour bureaus National the Council for Employment and Human Resources Development Planned activities Completion of construction of the Centre for Vocational Rehabilitation in 2014 Passing the Rulebook on Grant Schemes in 2013 Launching the Call for Tenders for the Contractors of Vocational Rehabilitation in 2013 Launching the Call for Tenders for the Contractors of Social Inclusion Programme in 2013

18. 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 Education and Training EU - Promote inclusive education and lifelong learning for pupils and students with disabilities. MNE – Inclusion of all children and adult persons with disabilities in the education in order to ensure the development of their potential, sense of dignity and personal worth.

19. 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 Normative framework General Law on Education ("Official Gazette of RM", No. 64/02, 31/05, 49/07, "Montenegro Official Gazette", No. 04/08, 21/09, 45/10 and 45/11) Law on Pre-School Education; ("Official Gazette of RM", No. 64/02, 31/05, 49/07, "Montenegro Official Gazette", No. 80/10) Law on Primary Education ("Official Gazette of RM", No. 64/02, 49/07, "Montenegro Official Gazette", No. 04/08, 21/09, 45/10) Law on Grammar School; ("Official Gazette of RM", No. 64/02, 49/07, "Montenegro Official Gazette", No. 45/10) Law on Vocational Education ("Official Gazette of RM", No. 64/02, 49/07, "Montenegro Official Gazette", No. 45/10) Law on Education of Children with Special Needs („Official Gazette of RM No. 80/04“ and „Montenegro Official Gazette“ 45/10) Inclusive Education Strategy 2008.-2012. Institutional framework Ministry of Education Department of Education Examination Centre Primary and secondary schools Resource centres University of Montenegro Local commissions for directing children with disabilities in the educational process Planned activities Introducing masters degree in inclusive education at the Faculty of Philosophy in 2013 Development of a new strategy of inclusive education in 2013

20. Chapter 19: Social Policy and Employment Social Welfare EU - Promote decent living conditions for persons with disabilities. MNE - Increase the level of integration of persons with disabilities into society through the establishment of a modern system of social welfare and providing an adequate living standard. 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

21. Chapter 19: Social Policy and Employment Normative framework Law on Social and Child Welfare Law on Disability Related Benefits in Travelling; Law on the Movement of Persons with Disabilities with Service Dogs Law on Pension and Disability Insurance; Law on War Veterans and Disability Protection; Institutional framework Social welfare centres Day care centres for children with disabilities Residential Institution for Adult Persons with Disabilities, Public Institution "Komanski most" Institution for Children without Parental Care “Mladost”, Bijela Planned activities Strategy for the Reform of Social and Child Welfare System in 2013 Passing the new Law on Social and Child Welfare in 2013 Passing bylaws to enforce the Law Law on Social Housing in 2013 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

22. 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 Health Care EU – Foster equal access to health care services and related benefits for persons with disabilities. MNE - Improving the health of persons with disabilities and their families through the development of a comprehensive universal system of health care at the primary, secondary and tertiary levels.

23. 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 Normative framework Health Care Law ("Official Gazette of RM", No. 39/04 of 09.04.2004, 14/10 of 17.03.2010) Law on Patients' Rights (“Montenegro Official Gazette”, No. 40/2010) Law on Health Care of Patients („Montenegro Official Gazette“, No. 25/2010) Health Insurance Law ("Official Gazette of RM", No. 39/2004 of 9.6.2004) Law on the Protection of the Mentally Ill ("Official Gazette of RM", No. 32/2005 of 27.5.2005) Rulebook on Manner and Procedure Exercising the Right to Medical and Technical Aids ("Official Gazette of RM", No. 74/06 of 04.12.2006, "Montenegro Official Gazette", No. 28/08 of 30.04.2008) Rulebook on indications and method of use of medical rehabilitation in health care facilities that perform specialized rehabilitation (“Official Gazette of RM", No. 74/06 on 04.12.2006) Institutional framework Clinical Centre of Montenegro General and Special Hospitals Health centres / centres for the support of children with disabilities Planned activities Law on the Protection and Exercising the Rights of the Mentally Ill in 2013 Amendments to the Health Care Law in 2013

24. Chapter 19: Social Policy and Employment International Activities EU – Promote the rights of persons with disabilities through international action of the EU. MNE – In the past five years, ​​ a number of awareness raising campaigns were made concerning issues related to persons with disabilities, which are rated by international organizations and the NGO sector as successful and with positive effects. In the same period, there was also recorded a significant media coverage of the events related to persons with disabilities in Montenegro, which certainly contributed to the promotion of the rights of persons with disabilities, and to dissemination of information about the Convention on the Rights of Persons with Disabilities to the general public. 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

25. 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 Council Recommendation of 4 June 1998 on the parking card for people with disabilities Normative framework Law on Road Traffic Safety (Article 2) „When performing jobs within its competence, local government unit regulates traffic on its territory in accordance with this law by determining: Para 6) parking area” The Decision on public parking areas on the territory of the capital of Podgorica (“Official Gazette of RM – Municipal regulations”, No. 28/06) Article 18 “The authority in charge of traffic shall designate 5% of parking spaces in general parking areas for the vehicles of persons with disabilities who are blind, deaf or have a minimum of 80% of physical disability, as well as for the vehicles used by children with physical, mental or sensory disability, and who exercise their rights to personal disability allowance or the right to assistance of another person. “Parking servis” is obliged to designate 5% of the parking spaces on a separate parking area for the vehicles of persons with disabilities who are blind, deaf or have a minimum of 80% of physical disability. The label for marking vehicles of persons referred to in paragraphs 1 and 2 of this Article shall be issued by the "Parking servis". Institutional framework Ministry of Interior Secretariats for traffic in local governments Planned activities Incorporate recommendations in the Action Plan for 2014-2015

26. 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 32000L0078 (EUR-Lex: 05.20.05.10) Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation Article 5 Normative framework: Law on Vocational Rehabilitation and Employment of Persons with Disabilities Rulebook on Conditions, Procedures and Exercising the Rights to Subsidies Article 36 Employer who employs a person with disability has the right to subsidies related to: - grants for the adaptation of the workplace and working conditions for the employment of a person with disability; - credit funds under favourable conditions for the purchase of machinery, equipment and tools needed for the employment of a person with disability; - participation in financing the costs of a personal assistant (helper in the work) to the person with disability; - wage subsidies for the person with disability it employed. The right to subsidies referred to in Para 1 of this Article is also granted to a person with disability who is self-employed, performs an independent activity or sets up a company, who is employed in a family household and perform an agricultural activity as the only, main, or additional occupation

27. 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 Ministry of Labour and Social Welfare Employment Agency of Montenegro NGO Planned activities Continued activities aimed at motivating employers to employ persons with disabilities in 2013 and onwards

28. 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 32006R1083 (EUR-Lex: 14.50) Council Regulation (EC) No. 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No. 1260/1999 MNE -Project IPA 2010 Improving the social inclusion The Project is implemented in 3 components: Component 1: Ministry of Education in partnership with the DOMINUS in inclusive education area, Component 2: Ministry of Labour and Social Welfare in partnership with the UNDP in social welfare area, Component 3: Ministry of Labour and Social Welfare in partnership with the UNICEF in the area of reform of the child welfare system. The Project officially commenced in January 2011, and its duration was planned until the middle of 2013. Total funds available for all three components are € 3,300,000. The goal of the project is to facilitate the access of the vulnerable, socially excluded groups of population through comprehensive, inclusive, and sustainable services based on family and community.

29. 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 Ministry of Labour and Social Welfare Ministry of Education UNDP UNICEF NGO Planned activities The third Call for the financial support to the social services providers in 2013; Activating an Internet portal for the exchange of information, knowledge and experiences among service providers, institutions and beneficiaries of the system in 2013 Trainings for stakeholders in the area of social services provision; Continuing to strengthen the network of day care centres and establishing the services for children on the local community level in 2013and onwards.

30. Chapter 19: Social Policy and Employment 32001L0029 (EUR-Lex: 17.20) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society Normative framework Law on Copyright and Related Rights ("Montenegro Official Gazette", No. 37/11 of 29.07.2011) Article 48 Without obtaining the appropriate copyright property right, and with the obligation to pay the compensation, it is allowed, for the needs of a person with disability, to use the a copyright work: 1) for adjustment if the work is not available in the required form; 2) if the use is directly related to the special needs of that person; 3) if the use is limited to the range of special needs; 4) if it is performed without direct or indirect immaterial gain. Institutional framework Intellectual Property Office of Montenegro Planned activities Montenegro as a full clanic the World Intellectual Property Organization, will participate in the Diplomatic Conference in Morocco in June 2013: 'Diplomatic Conference to conclude a Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Disabilities Print "where this draft agreement will be subject of approval. 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

31. 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 http://www.mrs.gov.me/biblioteka/strategije http://www.mrs.gov.me/biblioteka/izvjestaji

32. Thank you for your attention. QUESTIONS