Exercising rights in a simpler and more equitable way: A single body to replace more than 30 disability expert assessment commissions

June 2, 2021

Podgorica, June 2, 2021 – A new system for determining disability will be established in Montenegro. It will include the establishment of a single body – the Institute for Determining Disability – as well as a single methodology for determining disability that will replace the existing and outdated predominantly medical model. In this way, persons with disabilities will exercise their rights in a more equitable and simpler way. These are some of the most important messages from the presentation of the "Reform of the Disability Determination System" project.

The conference "Reform of the Disability Determination System – Acknowledge My Abilities" held in Podgorica, marked the beginning of a three-year project implemented by UNDP with the financial support of the European Union, in partnership with civil society organizations representing persons with disabilities, relevant ministries, and state institutions.

All disability rights for more than 50,000 citizens and their families directly depend on the model of the disability determination system. The reform of this system, which includes six sectors (social protection; employment; pension, disability and veteran protection; education; and health), among other things, envisages the abolition of the work of about 30 existing commissions and the establishment of a single body for disability expert assessment on the basis of a new, single, national methodology to be used by all sectors.

It is a well-known fact that a person who wants to exercise their rights based on disability can undergo four or more different expertise assessment processes/procedures. All this has led to a number of ambiguities, including the situation that two persons with the same type of disability may end up having different assessed percentages of disability, depending on the body that examines them, resulting in different scope of rights belonging to them, which is contrary to the UN Convention.

It was pointed out, during the discussion, that very often disability is not seen as a social phenomenon. Often it is only a person's impairment that is taken into account as a personal characteristic, but not obstacles that, in fact, limit and hinder the participation of people with disabilities in society.

Janko Odović, State Secretary at the Ministry of Finance and Social Welfare, said that the project was part of the economic reforms planned by the Government of Montenegro for the period 2021–2023, which clearly indicates its importance and commitment of the Government of Montenegro to improving the rights of people with disabilities.

"We are all witnesses of the many barriers these persons face, especially having in mind that there are as many as 30 commissions performing disability expert assessments, and that in the end there is no agreed position in assessing the degree of disability." In accordance with the principle "Nothing about us without us," persons with disabilities and organizations representing them have been recognized as key partners in the implementation of this complex reform and I hereby call on representative organizations of persons with disabilities to give their fullest contribution to this process.

"Organizations of persons with disabilities will, among other things, be the champions of the campaign for the promotion of system reform, and above all, the promotion of a new approach to determining disability," Odović said.

Oana Kristina Popa, Head of the Delegation of the European Union to Montenegro, believes that people with disabilities face a large number of challenges on a daily basis.

"Getting support from the state should not be yet another obstacle in their lives. That is why the system must become better, more efficient, more transparent and more equitable. That is why we are launching this project today. A lot of work awaits us in this area, but I believe together that we can turn a long-standing situation of segregation and exclusion into a positive vision of life in a community that enables equality," she said.

Daniela Gašparikova, UNDP Resident Representative in Montenegro, believes that the importance of the project for the entire Montenegrin society should not be underestimated, although it is primarily aimed at people with disabilities.

"Montenegrin society will make steps forward only with the long-term inclusion of persons with disabilities and the creation of conditions that will enable them to apply their skills and abilities and play their role in the progress of this society. The reform should provide them with better opportunities to exercise their rights in all aspects of life – from the right to education, to access health care, to politics, sports, to the right to employment. If we join forces with civil society organizations, the Government, the media and the international community, we can move closer to fulfilling the promise that no one will be left behind," Gašparikova said.

Dragan Tepavčević, as a social worker and a person with a disability, is aware of how unsuitable the system is for people with disabilities.

"For everything I did in my life, I had to pass a commission. When I was a child, I had to pass a commission to go to school, and then another commission to go attend the Institute for Education and Vocational Rehabilitation. To exercise other rights, I had to go through the socio-medical commissions twice. To get a job, I had to be assessed by more commissions - the Employment Bureau and the Pension and Disability Insurance Fund. I went through six commissions, each of which determines disability for different things in its own way, according to different criteria. That is why I am glad that there will now be a single commission for all sectors using the new expert assessment model," he said.

Tepavčević also hopes that the complex reform envisaged by the project will make the lives of people with disabilities and their families easier. "I would also like the entire Montenegrin society to change its attitude towards people with disabilities. That would help us to be more engaged, to be more visible and to reach our full potential," he said.