Montenegro Supreme Court Issues Guidelines to Combat Gender-Based Violence

The Montenegro Supreme Court has introduced new guidelines aimed at addressing sexual and gender-based violence, fulfilling a crucial measure outlined in the country’s Reform Agenda. This initiative will enable Montenegro to secure a financial support package of €2.317 million from the European Union, as announced by the court.

According to Valentina Pavličić, the President of the Supreme Court, these guidelines demonstrate a firm commitment from the judiciary to adopt a zero-tolerance policy towards sexual and gender-based violence. Pavličić emphasized that such violence constitutes a serious violation of human dignity and fundamental democratic values. She stated, “The guidelines highlight the critical role of the courts in protecting victims, reinforcing public trust in the judicial system, and affirming the principles of justice and legal security through the imposition of effective and proportional penalties.”

The development of these guidelines reflects Montenegro’s dedication to providing a robust institutional response to sexual and gender-based violence through a responsible and consistent sentencing policy. The court aims to communicate a clear message that victim protection is among its highest priorities.

Framework for Judicial Practice

The guidelines are designed to serve as a practical, normatively grounded tool for judges, offering a clear framework for individualizing sentences while fully considering all relevant circumstances of each case. They are intended to reinforce judicial independence rather than restrict it, contributing to greater uniformity in judicial practice, predictability of court decisions, and enhanced legal security.

The guidelines are rooted in Montenegro’s international obligations, particularly the Council of Europe’s Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention) and the Convention on the protection of children from sexual exploitation and sexual abuse (the Lanzarote Convention). This alignment further harmonizes national judicial practices with the highest international human rights standards.

Collaborative Efforts in Development

The creation of this document involved a working group that included judges from the Appellate Court of Montenegro, the High and Basic Courts in Podgorica, and advisors from the Supreme Court. They received expert support from consultants affiliated with the Council of Europe, ensuring the guidelines are based on best practices and established legal norms.

As Montenegro takes this significant step towards enhancing its judicial framework in the fight against gender-based violence, the new guidelines are expected to play a key role in shaping the country’s legal response to such crimes. The Supreme Court’s initiative not only aims to protect victims but also to build a more trustworthy and effective judicial system for all citizens.