CIVIL SOCIETY ORGANIZATIONSsospodgorica.me/.../SOS-NVO-u-procesu-standardizacije-socijalnih-usluga...Project “Social inclusion and the rule of law in the EU integration process in

CIVIL SOCIETY ORGANIZATIONSIN THE PROCESS OF STANDARDIZATION

OF SOCIAL SERVICES IN MONTENEGRO

Podgorica, 2018

Project “Social inclusion and the rule of law in the EU integration process in Montenegro” is funded by the European Union under the Civil Society Facility Montenegro Programme IPA 2014. The contents of this document can under no circumstances be regarded as reflecting the position of the European Union.

Publisher:SOS Hotline for Women and Children

Victims of Violence Podgoricatel: +382 020 232 254; 020 232 253

e-mail: [email protected] site: www.sospodgorica.me

Facebook: sospodgoricaTwitter: @sospodgorica

For publisher:Biljana Zeković

Authors:Biljana Zeković

Vanja RakočevićNikolina Boljević

Associates:PhD Jelena Radulović

Ivana SmolovićVladan Golubović

Aleksandra Gligorović

Design/Prepress:IMPULS studio

Place and year of issue:Podgorica, 2018.

Project “Social inclusion and the rule of law in the EU integration process in Montenegro” is funded by the European Union under the Civil Society Facility Montenegro Programme IPA 2014. The contents of this document can under no circumstances be regarded as reflecting the position of the European Union.

CONTENT

1. INSTEAD OF INTRODUCTION ........................................................................ 7

2. SITUATION ANALYSIS .................................................................................... 9

2.1. Analysis of legal framework ............................................................................ 92.1.1. International framework ............................................................................................ 9

2.1.2. Laws and Regulations .............................................................................................. 15

2.1.3. Licensing ....................................................................................................................... 18

2.1.4. The accreditation of the training program ....................................................... 19

2.1.5. Services Funding ........................................................................................................ 20

3. INSTITUTIONAL FRAMEWORk .................................................................... 23

4. POLICIES ........................................................................................................ 27

4.1. National Policies ............................................................................................ 27

4.2. Local Policies .................................................................................................. 30

5. PROBLEM ANALYSIS .................................................................................... 33

5.1. Background .................................................................................................... 33

5.2. Benefits of inclusion of the NGO sector in the sphere of providing social services ............................................................................... 35

5.3. Weaknesses .................................................................................................... 35

5.4. Challenges in the standardization of social services .................................. 36

5.5. Financing ........................................................................................................ 38

5.6. Analysis of CSOs’ Needs to Implement Standards in Providing Social Services .......................................................................... 41

6. THE ExPERIENCES OF OTHER COUNTRIES ................................................ 45

7. CASE STUDY – MONTENEGRO .................................................................... 49

8. CONCLUSIONS ............................................................................................. 55

9. RECOMMENDATIONS ................................................................................... 57

7Organizacije civilnog društva u procesu standardizacije socijalnih usluga u Crnoj Gori

1. INSTEAD OF INTRODUCTION

Overarching quality principles for social service provision1:

�� Available: Access to a wide range of social services should be offered so as to provide users with an appropriate response to their needs as well as, when possible, with freedom of choice among services within the community, at a location which is most beneficial to the users and, where appropriate, to their families.

�� Accessible: Social services should be easy to access by all those who may require them. Information and impartial advice about the range of available services and providers should be accessible to all users. People with disabilities should be ensured access to the physical environment in which the service provision takes place, to adequate transport from and to the place of service provision, as well as to information and communication (including information and communication technologies).

�� Affordable: Social services should be provided to all the persons who need them (universal access) either free of charge or at a price which is affordable to the individual.

�� Person-centred: Social services should address in a timely and flexible manner the changing needs of each individual with the aim of improving their quality of life as well as of ensuring equal opportunities. Social services should take into account the physical, intellectual and social environment of the users and

1 A voluntary European quality framework for social services http://ec.europa.eu/social/BlobServlet?docId=6140&langId=en

should be respectful of their cultural specificities. Furthermore, they should be driven by the needs of the users and, when appropriate, of the related beneficiaries of the service provided.

�� Comprehensive: Social services should be conceived and delivered in an integrated manner which reflects the multiple needs, capacities and preferences of the users and, when appropriate, their families and carers, and which aims to improve their wellbeing.

�� Continuous: Social services should be organized so as to ensure continuity of service delivery for the duration of the need and, particularly when responding to developmental and long-term needs, according to a life-cycle approach that enables the users to rely on a continuous, uninterrupted range of services, from early interventions to support and follow up, while avoiding the negative impact of disruption of service.

�� Outcome-oriented: Social services should be focused primarily on the benefits for the users, taking into account, when appropriate, the benefits for their families, informal carers and the community. Service delivery should be optimised on the basis of periodic evaluations which should inter alia channel into the organisation feedback from users and stakeholders.


2.1. Analysis of legal framework

2.1.1. International framework

The concept of social services in the world and in Montenegro differs at its basis - because for the past decade Montenegro has deviated from a broad comprehensive approach to the issue of social rights and had split social protection services from services that focus on economic empowerment and support users to emerge from the vicious circle of the social welfare system protection. Although both themes are focus of the work of one ministry, the Ministry of Labor and Social Welfare, the harmonization of the legal framework and coordination of its implementation and improvement in ensuring the availability of all social rights and services to citizens is still not at the level of prescribed standards.

UNITED NATIONS

The United Nations was founded by the leaders of 51 states, with the ratification of the UN Charter in 1945. Montenegro became a member in June 2006, as the 192nd member and the sixth former Yugoslav republic to be admitted to the UN. The main goals of the United Nations are the establishment of peace and security, support for development and social progress, and the protection of human rights. There are numerous documents that oblige to provide support to vulnerable groups, so in this document only the most important ones will be mentioned.

UN Universal Declaration of Human Rights (1948)2; Article 7 states: "Everyone is equal

2 The Universal Declaration of Human Rights, the website of the Protector of Human Rights and Freedoms of Montenegro http://www.ombudsman.co.me/docs/deklaracija_o_ljudskim_pravima.pdf

before the law and is entitled without any difference to the equal protection by the law. Everyone is entitled to equal protection against any discrimination violating this Declaration and against any incitement to such discrimination".

Article 22 states that "Everyone, as a member of a society, has the right to social security and the right to realize economic, social and cultural rights necessary for his dignity and for the free development of his personality, with the help of the state and through international cooperation, in accordance with the organization and the means of each state.

The Convention on the Rights of the Child, adopted by the General Assembly of the United Nations (1989) 3, in Article 3 provides that:

1. In all activities involving children, whether undertaken by public or private social welfare institutions, courts, administrative bodies or legislative bodies, the best interests of the child will be of paramount importance.

2. The Contracting Parties are committed to provide the child with such protection and care necessary for his well-being, taking into account the rights and obligations of his parents, legal guardians or other individuals who are legally responsible for the child and will, in that aim, take all appropriate legislative and administrative measures.

3. The Contracting Parties shall ensure that institutions and services responsible for the care or protection of children are adapted to the standards established by the competent authorities, in particular in the field of safety, health, in terms of the

3 https://www.unicef.org/serbia/Konvencija_o_pravima_deteta_sa_fakultativnim_protokolima(1).pdf

2. SITUATION ANALYSIS

10

number and suitability of staff, as well as professional supervision.

Article 19 stipulates that:

a) Contracting Parties shall take appropriate legal, administrative, social and educational measures to protect a child from all forms of physical or mental violence, injuries or ill-treatment, neglect or negligent treatment, maltreatment or exploitation, including sexual assault while under the care of parents, legal representatives or any other person taking care of the child.

b) Such protective measures should include, as appropriate, effective procedures for the adoption of social programs to provide the necessary support to the child and those who care for the child, as well as other forms of protection and prevention, identification, reporting, forwarding, investigation, monitoring the cases of child abuse mentioned here and, if necessary, addressing the court.

The UN Convention on the Rights of Persons with Disabilities (2006)4 highlights the concern that persons with disabilities, despite various instruments and efforts, continue to face barriers in their participation as equal members of society, as well as violations of their human rights in all parts of the world. Particular concern is due to the fact that women and girls with disabilities are often at greater risk of violence, injury or abuse, neglect or misconduct, maltreatment or exploitation, both in their homes, both outside of them. As a result, in terms of social rights each State Party commits to take measures with the greatest possible use of available resources, and, where necessary, in the framework of international cooperation, in order to provide accessible information to persons with disabilities about different forms of support, equipment and space; therefore, the Convention in the Article 16 states that "State Parties shall take all necessary measures

4 http://www.mhrr.gov.ba/PDF/Konvencija_bos.pdf

to promote the physical, cognitive and psychological recovery, rehabilitation and social reintegration of persons with disabilities who have been victims of any form of exploitation, violence or abuse, including the provision of protection services. Also, Article 19 stipulates that disabled persons should have access to a number of support services in their homes, accommodation facilities and other community support services, including personal assistance needed to support life and community participation, and to prevent isolation or exclusion from the community.

The UN Convention on the Prohibition of All Forms of Discrimination against Women from 19795 and the Optional Protocol of this Convention stipulates requirements for State Parties to harmonize domestic legislation with the provisions of the Convention and adopt laws to ensure the protection of women from all forms of discrimination and gender- formal legal protection. They also require the legal protection of women from violence through affirmative actions and programs without delay - which means that this obligation of the state can not be delayed justified by the difficult economic situation in the country.

Affirmative actions and programs must ensure access to judicial protection for women victims of domestic violence in urgent cases and without delay, to provide health care, therapeutic support and counseling services, to provide training for police officers on domestic violence, to provide support to victims during interventions, and to support the establishment of SOS phones and shelters for victims of domestic violence.

COUNCIL OF EUROPE

Montenegro renewed membership in the Council of Europe in May 2007, after gaining independence, thus taking over all the rights and obligations deriving from that

5 “Službeni list Crne Gore - Međunarodni ugovori, broj 4/2013”http://www.sostelefon.org.rs/zakoni/15.%20Konvencija%20o%20eliminisanju%20svih%20oblika%20diskriminacije%20zen.pdf


membership, including the member's policy.

The European Social Charter (1961)6 was created as a complementary instrument to the European Convention on Human Rights that protects civil and political rights and as such promotes the protection of basic social and economic rights of citizens of Contracting Parties. It constitutes one of the central international legal mechanisms of protection and encompasses: social, economic and cultural rights in Europe. All of the above rights are clearly formulated in this document and instruct the member states of the Council of Europe that in their positive legal regulations:

�� Provide by the Charter established standards

�� Establish their institutional protection and

�� Provide procedures and mechanisms for their implementation.

Revised European Social Charter (1996): The European Social Charter has been amended and the new text is consolidated into one instrument of the rights which are guaranteed by the Charter of 1961 and the Additional Protocol of 1988 together with amendments to these rights and new rights. The revised Charter has the same control mechanism as the Charter. Opened for signature on May 3rd 1996, the revised Charter entered into force on 1st July 1999. In December 2009, Montenegro adopted the Law on the Confirmation of the Amended European Social Charter ("Official Gazette of Montenegro - International Agreements", No. 6/097). In March 2010, to the Secretary General of the Council of Europe instrument on its confirmation was deposited, and thus Montenegro took over the obligation that in accordance with Art. 21 and 22, Part IV, Article

6 http://www.ombudsman.co.me/docs/Evropska_socijalna_povelja.pdf

7 Law on Ratification of the Revised European Social Charter ( "Official Gazette of Montenegro-International Agreements" No..6/09) http://www.skupstina.me/~skupcg/skupstina//cms/site_data/16122009/Zakon%20o%20potvrdjivanju%20Izmijenjene%20Evropske%20socijalne%20povelje.pdf

C: "Control the Implementation of Obligations contained in the Charter" and report on the application of the accepted provisions of the Charter.

It obliges the Parties to ensure, by all appropriate means, both national and international, the conditions in which all the rights and principles of the Charter can be effectively implemented.

„Everyone has the right to benefit from social welfare services“

In the Part I, Article 14: „Everyone has the right to benefit from social welfare services“ state: „With a view to ensuring the effective exercise of the right to benefit from social welfare services, the Parties undertake to promote or provide services which, by using methods of social work, would contribute to the welfare and development of both individuals and groups in the community, and to their adjustment to the social environment and to encourage the participation of individuals and voluntary or other organizations in the establishment and maintenance of such services.”

„Everyone has the right to protection against poverty and social exclusion“

In the Part I: „Everyone has the right to protection against poverty and social exclusion“ parties undertake to take measures within the framework of an overall and coordinated approach to promote the effective access of persons who live or risk living in a situation of social exclusion or poverty, as well as their families, to, in particular, employment, housing, training, education, culture and social and medical assistance and to review these measures with a view to their adaptation if necessary.

Some of the important elements of the Charter in close connection with social and child protection, provision of adequate services and conditions for greater social inclusion are:

�� Article 13: the right to social and medical assistance

12

�� Article 14: right to benefit from social welfare services.

�� Article 15: right of disabled persons to independence, social integration and participation in the life of the community

�� Article 17: right of children and young persons to appropriate social, legal and economic protection

�� Article 23: right of elderly persons to social protection

�� Article 30: right to protection against poverty and social exclusion.

Council of Europe Convention on preventing and combating violence against women and domestic violence, Istanbul Convention, Montenegro signed on May 11th 2011. The Law on the Confirmation of the Council of Europe Convention on the preventing and combating Violence against Women and Domestic Violence was adopted in 2013. In this way, this comprehensive international instrument, which, among other things, envisages the protection, prevention, prosecution, sanctioning and creation of a policy of work in the field of combating violence against women and domestic violence, has become part of our internal legal order and has therefore imposed the necessity of its promotions and full implementation.

The Convention aims to ensure protection and support to victims and witnesses, including police intervention (the ability to remove a perpetrator of domestic violence from the home in situations of imminent danger) and protection through specialized support services (shelters for women victims of violence, SOS phones, etc.). In order for women to feel safer, it is necessary to ensure that victims have access to information on available services. This includes the availability of free shelters for women and the SOS line (24/7) so all women victims of violence can gain support as well as the establishment of easily accessible centers for rape and sexual violence.

EUROPEAN UNION

In accordance with the aspirations towards membership in the European Union, Montenegro has for many years re-established social policy frameworks and prerequisites for the development and improvement of social protection services, with the intention of aligning them with the legal framework and practices in Member States where social services have a key role in improving the quality of life and providing social protection. The largest focus in the EU member states is placed on: social security, employment and training services, social housing, child protection, long-term care and social services.

Although there is a general framework, it is important to recognize that the necessity of establishing the right decision and the development of the model of social service delivery is based on national and local, sometimes specific, regional needs of the member. Therefore, there is no similar way of developing services throughout the EU, but each member has the right to regulate social protection, but of course in accordance with the recommendations.

Commission Communication on social services of general interest of April 20068 provides the following definition of two main categories of social services:

�� Statutory and complementary social security schemes, organised in various ways (mutual or occupational organisations), covering the main risks of life, such as those linked to health, ageing, occupational accidents, unemployment, retirement and disability;

�� Other essential services provided directly to the person. These services that play a preventive and social cohesion role consist of customised assistance to facilitate social inclusion and safeguard fundamental rights.

8 Implementing the Community Lisbon programme: Social services of general interest in the European Union, COM(2006) 177 final.


Other essential services comprise, first of all, assistance for persons faced by personal challenges or crises (such as debt, unemployment, drug addiction or family breakdown). Secondly, they include activities to ensure that the persons concerned are able to completely reintegrate into society (rehabilitation, language training for immigrants) and, in particular, the labour market (occupational training and reintegration). These services complement and support the role of families in caring for the youngest and oldest members of society in particular. Thirdly, these services include activities to integrate persons with long-term health or disability problems. Fourthly, they also include social housing, providing housing for disadvantaged citizens or socially less advantaged groups.

European Parliament resolution of 5 July 2011 on the future of social services of general interest (2009/2222(INI)) 2013/C 33 E/07 Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States and the candidate countries, the Committee of the Regions and the European Economic and Social Committee. Resolution urges the Member States to maintain the availability of accessible, affordable, high-quality social services as during the period of fast economic growth, and to guarantee non-discriminatory access to these services regardless of gender, income, race or ethnic origin, religion or beliefs, disability, age, sexual orientation or employment conditions; considers that social services are fundamental in ensuring gender equality.

The resolution as a document of special importance points out: * A voluntary European framework for the quality of social services9, which represents a consensus at the level of the Social Welfare Board, which is deeply convinced that public authorities that abide by the quality principles

9 A voluntary European quality framework for social services) http://ec.europa.eu/social/BlobServlet?docId=6140&langId=en

set out in this voluntary Framework and monitor compliance with these principles, can significantly enhance their ability to organize and deliver high-quality social services. This Framework is flexible enough to be applied in the national, regional and local context in all the EU Member States and to a variety of social services.

A voluntary Quality Framework for social services aims to be compatible and complementary with existing national quality approaches in the sector. Document, among other things includes:

�� Overarching quality principles for social service provision;

�� Quality principles for the relationships between service providers and users;

�� Quality principles for the relationships between service providers, public authorities, social partners and other stakeholders;

�� Quality principles for human and physical capital.

In terms of funding, it should be noted that in the countries of European Union, most social services are highly dependent on public funding10, and it was concluded by The Social Protection Committee that consensus on the quality of social services in the present context when public authorities in the Member States are exposed to growing financial constraints will help policy-makers to prioritise investments that promote continuous development of both quality and cost-effectiveness of social service provision.

In addition, it is important to emphasize that the EU encourages cooperation and exchange of good practices between EU countries to improve the quality of social services, and has provided financial support to their development and modernization (eg from the European Social Fund and other

10 Biennial report on social services of general interest, SEC(2008) 2179 final of 2 July 2008, section 2.2.1. Available at: http://bit.ly/1O79829

14

funds). The European Commission supports and complements the policies of the member states in the field of social inclusion and social protection11.

According to Report by Network Social Services Europe12 ("Recruitment & Retention in Social Services"13, Author: J. Lethbridge), the change from institutional care to more community- or home-based services has been one of the biggest transformations in social services in the last two decades, but this transformation is

not complete and some forms of institutional care are still provided. It is mentioned that at the same time, as the demand for services has increased, so has the demand for different ways of delivering formal services with a more individualized approach at home or in the community. This requires the delivery of services by multi-disciplinary teams which, for example, combine rehabilitation with prevention (Leichsenring, 2012).

Table 1: Countries and Social Services Systems14 (Source: Social Services Europe)

Country Type of social services system Characteristics

Bulgaria Family support model

Reforms since 1990 with move from institutional care to community/ home based care. Expansion of not-for-profit and for-profit sector.

Czech Republic Family support model Move from institutional care to community/ home based care but slow development.

Finland Taxation with some out of pocket costs

State funded system changing to for-profit and not-for profit providers.

France Social insurance & some taxation Strong tradition of social economy provision

Germany Social insurance Strong tradition of social economy provision

Italy Family support to state funding of social services Strong tradition of social economy provision

In this report is mentioned that European Union (EU) employment policies, such as the Europe 2020 strategy, aim to stimulate employment in many economic sectors, but the social services sector should be more widely acknowledged as a target for investment in EU policies. There are several EU level employment policies, which have the potential to affect the social services sector: European Semester and as part of the

11 Employment, Social Affairs & Inclusion,

http://ec.europa.eu/social/main.jsp?langId=en&catId=750 http://ec.europa.eu/social/main.jsp?catId=794http://

ec.europa.eu/social/main.jsp?catId=794

12 Network Social Services Europe www.socialserviceseurope.eu

European Semester - Annual Growth Survey, ‘New Skills Agenda for Europe – modernization of labour market’ (2016), EU Investment Plan, European Social Fund (ESF), European Pillar of Social Rights. It is important to mention also civil and social dialogue.

13 Recruitment & Retention in Social Services, J. Lethbridge, Social Services Europe

https://redcross.eu/positions-publications/recruitment-retention-in-social-services-unlocking-the-sector-s-job-creation-potential.pdf

14 Report “Recruitment & Retention in Social Services”, J. Lethbridge, Social Services Europe)https://redcross.eu/positions-publications/recruitment-retention-in-social-services-unlocking-the-sector-s-job-creation-potential.pdf


2.1.2. Laws and Regulations

The area of social and child care was regulated by the Law on Social and Child Protection, adopted in June 2013 and amended several times, as follows: 2015, 2016 and 2017. In accordance with the Work Program of the Government of Montenegro in In the second quarter of 2017, the Law on Amendments to the Law on Social and Child Protection ("Official Gazette of Montenegro" No. 42/17) was adopted, which came into force on July 1, 2017, in order to further improve the area of social and child protection. One of the reasons for the adoption of this law is the execution of the Decision of the Constitutional Court of Montenegro on April 19, 2017, within the stipulated deadline, which abolished the provisions of this law related to fees based on the birth of three or more children.

The law prescribes minimum standards for the provision of social and child care services that should enable the services in the territory of Montenegro to be provided and developed in an equal manner. This means that the service in all the places where it is provided must meet the same minimum standard. The possibility is left that service standards can be above the guaranteed minimum, if there is money in the budget

The Law on Social and Child Protection recognises following as social protection services; assessment and planning carried out by the Social Welfare Centre; support to community life; counselling-therapeutic and social-educational services; accommodation; urgent interventions and other services. Services of support to community life are: daycare, assistance at home, housing with support, shelter, personal assistance, interpretation and translation to and from sign language and other services of support to community life.

Counselling-therapeutic and social-educational services include: counselling, therapy, mediation, SOS line and other services whose goal is to overcome crisis situation and

to foster family relations. Urgent intervention services aimed at providing security in cases that endanger beneficiaries’ lives, health and development are available 24 hours.15

As per article 13 of this Law, service providers are social and child protection institutions which can be either public or private. Services of support to community life, counselling-therapeutic services and service of accommodation in an institution, refuge-shelter, for which there is need, and which can be provided in a more efficient manner by other service providers, can be ensured through the public procurement procedure, a public call or public-private partnership (article 72). Pursuant to this Law, service provider can be an organization, an entrepreneur, business entity or a natural person (article 119).

As per this Law, persons entitled to social services are Montenegrin citizens with residence at the territory of the country and person with status of foreigner with approved temporary stay or permanent residence in the country in line with special law (article 5).

According to article 4, in achieving social and child protection objectives, the below persons shall be protected in particular:

1) a child (without parental care; whose parent is not able to take care of the child; with disabilities; in conflict with the law; that uses alcohol, drugs or other narcotic substances; that is a victim of abuse, neglect, domestic violence or exploitation, or is at risk of becoming a victim; that is a victim of trafficking in human beings; whose parents do not agree on the manner of exercising the parental right; who finds itself out of the place of residence without the supervision of a parent, adoptive parent or guardian; who is pregnant and without family support and adequate living conditions; who is single parent with a child and without family support and adequate living conditions; who needs an

15 Law on Social and Child Protection , articles 61-70

16

adequate form of social protection due to special circumstances and social risk).

2) an adult and old person (with disability; who uses alcohol, drugs or other narcotic substances; who is a victim of neglect, abuse, exploitation and violence in the family or who is at risk of becoming a victim; victim of trafficking in human beings; who is homeless; who is pregnant and without family support and adequate living conditions; who is a single parent with a child and without parental support and adequate living conditions; who needs an adequate form of social protection due to special circumstances and social risk).

The Law sets out passing of special bylaws of relevance for the development of social protections services that define:

�� Licencing and accreditation,

�� Data base – keeping records,

�� Criteria for determining cost of social and child protection services,

�� Share of beneficiaries in covering service costs.

The Ministry of Labour and Social Welfare set out detailed conditions for provision and usage of services, codes and minimal standards through rulebooks that define beneficiaries, standards, required capacities for provision of services (structure of professional workers and professional associates per number of clients); financial-administrative and technical affairs and beneficiaries’ database system.

The Rulebook on detailed conditions for provision and usage of codes and minimal standards of adult and elderly accommodation services16 recognises following as beneficiaries: persons with disability; victims of abuse, neglect, domestic violence or exploitation, or at risk of becoming a victim; homeless persons or person in need of an adequate form of social protection due to special circumstances

16 Official Gazette of MNE, No. 43 /14

and social risk. The standards set out that accommodation service provider is obliged to provide: appropriate residential space (in line with special regulations); material conditions; accommodation in line with the beneficiary’s gender; food and health care availability; personal and space hygiene; safe environment (includes visitation, surveillance and safety procedures); development of beneficiaries’ potential and their empowerment in regards to ability of immediate care of oneself and participation in community life activities and individual work with the beneficiaries; isolation of deceased beneficiaries.

The Rulebook on Detailed Conditions for Provision and Usage of Services, Codes and Minimal Standards for the Service of Children and Youth Placement into an Institution and a Small Home Community17includes following target groups: children without parental care; children whose development is hindered by family circumstances; children with disabilities; and children with behavioural disorders. The standards set out that the accommodation service provider is obliged to provide: appropriate residential space; material conditions; accommodation appropriate for beneficiary’s age and gender; food and availability of health care; personal and space hygiene; safe environment; development of potentials and empowerment of beneficiaries; support to psycho-social development and preservation of beneficiary’s potentials, meeting educational needs; nurturing identity; and preparation for independent life.

The Rulebook on Detailed Conditions for Provision and Usage of Family Placement - Fostering and Family Placement18 sets out standards and minimal standards for services, assessment of eligibility of persons for services provision, programme and manner of provision of professional support as well as remuneration for the cost of family placement-fostering and family placement as well as remuneration for the work of service




providers. Assessment of eligibility of persons for family placement – fostering and family placement shall be performed by the Social Welfare Centre. Monthly remuneration of expenses of family placement - fostering and family placement is equivalent to the cost of accommodation in a public institution for social and child protection prescribed by the competent state administration body.

The Rulebook on Detailed Conditions for Provision and Usage, Codes and Minimal Standards for Service of Support to Community Life19sets conditions for: daycare centre, assistance at home, housing with support, shelter and personal assistance. The standards prescribe that the service provider is obliged to provide all necessary material conditions as well as conditions for the development of beneficiary’s potentials and beneficiary’s empowerment.

Article 3of the Rulebook on Detailed Conditions for Provision and Usage, Codes and Minimal Standards for Shelter Accommodation Service20 identifies as beneficiaries persons whose safety, life and health are at risk. This service is provided for the period of maximum nine months to a child, an adult or an elderly who is victim of abuse, negligence, domestic violence and exploitation, human trafficking or at risk of becoming a victim; to a child found outside the place of residence without the supervision of a parent, adoptive parent or a guardian; a child with behavioural disorders; an adult or an elderly who is a homeless; (article 4).

Standards for services set out what a service provider is obliged to provide: appropriate residential space; material conditions; accommodation in line with beneficiary’s age and gender; food and availability of healthcare services; personal and space hygiene; safe environment; support in assuming control over one’s own life and other activities relevant for economic independence of the beneficiary; beneficiary’s reception; data on

19 Official Gazette of MNE, No. 30/15,

20 Official Gazette of MNE, No. 26/2014

the beneficiary; beneficiary’s assessment at reception in PU-I form; individual plan of work with the beneficiary; reporting on the beneficiary; internal evaluation; professional workers and professional associates; registry, file and beneficiary monitoring sheet; 21

The Rulebook on Detailed Conditions for Provision and Usage, Codes and Minimal Standards for Counselling-Therapeutic and Social-Educational22defines as service beneficiaries all target groups as stipulated under the Law on Social and Child Protection23. The standards set out that the provider of counselling-therapeutic and social-educational services is obliged to provide: 1. appropriate space; and 2. support and empowerment of the beneficiary.

Provider of counselling and therapeutic services ensures empowerment to accept change; support to accepting change; support to psychosocial development and preservation of potential; support to promotion of quality of relationship with family, group and other persons important for the beneficiary; development of problem identification and problem solving skills; development of communication skills; development of self-protection and decision making skills and assuming personal responsibility.

Provider of SOS-line service is obliged to provide: reception of call; information regarding the problem about which the beneficiary is calling; assessment of beneficiary’s needs and risk assessment; beneficiary’s empowerment and instructing the beneficiary on problem solving; informing on community resources and connecting the beneficiary with providers of other services, i.e. services in the community and mediation with other institutions; procedure on acceptability of the service.

21 The Rulebook on Detailed Conditions for Provision and Usage, Codes and Minimal Standards for Service of Accommodation in Shelter (articles 5-24)

22 Official Gazette of MNE, No. 33/14,

23 Article 4 of the Law on Social and Child Protection

18

Article 3 of the Rulebook on Detailed Conditions and Standards for Performing Professional Work in Social and Child Protection24 specifies professional affairs performed by professional workers with: 1) completed specialist studies on: social work, psychology, pedagogy, sociology, andragogy, defectology and special pedagogy; and with licence to work (article 7). Supervision is performed by professional workers under article 6 of this Rulebook who acquired special knowledge and skills for performing supervision and who have professional experience of minimum 5 years (article 12).

2.1.3. Licensing

Licensing of service providers is regulated in principle by the Law on Social and Child Protection, and closer by the Rulebook on Detailed Requirements for Issuing, Restoring, Suspending and Withdrawing License for the Performing of Social and Child Care Activities. The license is a public document confirming that the service provider meets the established conditions and standards for the provision of certain services in the field of social and child care.

Services in the social protection system for which a license is required are:

�� community-based support (day care, home help, shelter with support, shelter, personal assistance, interpretation and translation into the sign language and other community support services);

�� counseling, therapeutic and social-educational services (counseling, therapy, mediation, SOS telephone and other services);

�� accommodation (family accommodation - foster care, family accommodation- at the institution, at the shelter, and other types of accommodation);

�� immediate interventions and

�� Other services.

24 Official Gazette of MNE, No.56/13; Official Gazette of MNE, No.14/14

For these services, further conditions for providing and using, the norms and minimum standards, are prescribed by the aforementioned regulations.

The Law on Social and Child Protection sets out procedure for issuance, renewal, suspension and revocation of the licence for provider of social and child protection services, carried out by the Ministry of Labour and Social Welfare. The licence is issued for a period of six years. Licence to perform activities is issued to social and child protection service provider who: 1. is registered in the Registry; 2. meets standards for provision of services for which s/he is applying for licence and which refer to the location, space, equipment, organisation, number and professional capacities of hired personnel, planning and activities for provision of specific social and child protection services; minimum two years of social and child protection service provision.

The application for the issuance of a license is submitted by the service provider to the Ministry of Labor and Social Affairs.

With the requests enclosed:

1. Proof that the service provider is registered in the Central Registry of Business Entities;

2. The founding act;

3. Statute;

4. The act on internal organization and systematization of jobs;

5. Contracts for work with professional staff;

6. Inventory of equipment;

7. Proof of ownership or lease of business premises;

8. Proof of the provided hygienic-technical conditions for work;

9. Service provision program (assessment, planning and activities for providing a specific service);

10. Procedure on the application of the necessary measures in order to prevent


users from being injured, self-inflicted and causing material damage;

11. Procedure for measures and activities in case of incidental events that could endanger the safety and life of users;

12. Procedures for visits and prevention of entry of unauthorized persons;

13. Procedure on the manner of protection of personal data of the user, in accordance with the law regulating the protection of personal data;

14. Procedure for handling complaints by users;

15. The criteria for establishing the price of the service;

16. Proof of payment of the administrative fee, in accordance with the law.

The Ministry of Labour and Social Welfare adopted the Rulebook on Detailed Conditions for Issuance, Renewal, Suspension and Revocation of Licence for Performing Social and Child Protection Activities25. In addition, the Law on Social and Child Protection sets out that the service provider can be given a limited licence that limits duration, number of beneficiaries and type of services being provided.

The limited licence is issued for a period of maximum three years and can be issued only once. Provider of social and child protection service can exercise this right if s/he meets said conditions and if there is a need for the service which cannot be provided by some other provider of social and child protection service and if s/he is submitting application for the licence for the first time.

The licence is renewed at the request of the provider of social and child protection service. The licence can be renewed in the manner and the procedure stipulated for its issuance. The procedure for licence renewal must be initiated not later than six months prior to expiration of the licence validity period. If

25 Official Gazette of MNE, No. 34/15

competent state administration authorities determine during the period of validity of the licence that the social and child protection service provider does not meet set conditions, procedure for licence suspension shall be initiated.

Decision to suspend licence identifies shortages in terms of meeting conditions and sets a deadline for elimination of these shortages. Provider of social and child protection service, with his/her licence suspended, can continue providing the service until the expiry of the deadline for elimination of the shortages. Competent authorities shall revoke the license from the provider of social and child protection services who does not eliminate the shortages within the set timeframe.

2.1.4. The accreditation of the training program

The accreditation of the training program is a procedure in which it assesses whether the training program intended for skilled workers and support staff meet the prescribed standards. Ministry of Labour and Social Welfare has adopted the Rulebook on standards for the accreditation of training programs, ie programs of service provision, procedure for implementation of the accreditation program and the content and form of the certificates.

A decision on accreditation of the training programme shall be passed by the Institute for Social and Child Protection, which shall form a Programme Accreditation Commission. The procedure of accreditation of the training programme shall be conducted by publishing a public invitation for accreditation on the website of the Institute for Social and Child Protection. Institute have a duty to keep records of applications for accreditation, accredited training programmes, and implemented training programmes and to issue the certificate on the basis of data submitted by the author of the accredited training programme.

20

Author of the programme shall be entitled to apply training programme for accreditation, and if the programme is a joint authorship, the right to apply for accreditation shall have all co-authors. The training programme shall be accredited for a period of five years. Author of the accredited training programme shall have the right and duty to: immediately implement training programme in the manner specified by the programme or to entrust implementation of the accredited programme to another person; deliver a list of persons who have successfully completed training to the Institute for Social and Child Protection; properly keep records on the implementation of accredited training programmes, including information about the time and place of implementation, individuals who have completed the training, etc.; make the act on accreditation of training programmes available to any interested person; inform potential users and the public about accreditation of training programmes; enable control of the quality of implementation of the accredited training programme; after the expiration of accreditation of training programmes, i.e. after their deletion from the Registry of Accredited Training Programmes, cancel implementation of the programme, and if the implementation was in progress at the time of expiration of accreditation, complete implementation of the training programme.

Competence of the Institute for Social and Child Protection:

1. Determines whether the application is timely

2. Determines whether the document is complete

Competence of the Commission:

1. Assesses the fulfillment of standards, the program content (it has clearly defined objectives and tasks in the field of social and child care, harmonized with the objectives set by the training program, contains elements interconnected and harmonized, is based on the integration

of current theory and practice in the field of social and child care , in accordance with applicable regulations for this area, is relevant to the selected target group of users, has objectives consistent with the expected effects in practice, has the purpose of continuous professional development and clearly defined procedures for monitoring and evaluating the effects of the training program in practice);

2. Assesses the fulfillment of the standards of organization of the training program (based on participatory methods and work techniques that provide competence development; the number of participants in the group that enables the achievement of the objectives of the training program; the length of the duration corresponding to the principles of effective work).

2.1.5. Services Funding

Funding of social and child protection services is set out under articles 154 and 156 of this Law26. According to article 156, funds for basic financial support and social and child protection services shall be appropriated from the budget of the country, the municipalities, donations, chance games and other sources, in line with the Law. Funds referred to in paragraph 1 of Article 156 shall be used to finance: 1) social and child protection services for which there are need in municipality; 2) innovative services and services of social and child protection of particular importance for the state. The amount of funds for the services referred to in paragraph 1 of this Article, criteria for their allocation by individual municipalities, criteria for participation of local self-governments and dynamics of the transfer of funds shall be determined by the competent state administration body.

26 Law on Social and Child Protection, Official Gazette of MNE, No. 27/2013


According to article 154, funds for financial support in the social and child protection stipulated in this Law can be provided from the municipal budget, as well as for social and child protection services such as: help at home, day-care, soup kitchen, relaxation and recreation of children, housing with support, accommodation in a shelter, housing for socially vulnerable persons, in accordance with the law, and other services in accordance with its financial capacity. If municipalities are not able to provide funds for services referred to in paragraph 4 this Article, the state shall take part in their funding in accordance with Article 156 of this Law.

The Ministry of Labour and Social Welfare adopted the Rulebook on the amount of funds for development or financing of social services and child protection and the criteria for their allocation27 that also sets criteria for the allocation of financial support per individual local governments, criteria for the participation of local governments and timeline of funds transfer.

Funds designated for development and funding of social and child protection services in line with the Law are used for funding services in need in municipality and innovative services and social and child protection services of special relevance for the country with the application of criteria set out under this Rulebook. The criteria for the distribution of funds for social and child protection services in need in municipalities are: 1) services identified in local plans as priority; 2) need for provision of certain services; 3) participation of municipalities in the financing of services; 4) services sustainability plan; 5) defined target groups and number of beneficiaries; 6) the number of employees who will provide services; 7) plan of monitoring and assessing efficiency of the services and 8) funds required for service implementation.

27 No.: 56-626/15-2 Podgorica: 24th July, 2015

Funds for the development, i.e. financing of the services provided in line with the Law are distributed to municipalities as per level of municipal development categorised in accordance with special law whereby: 1) more than 50% for the municipalities in the first, the second and the third group of the extent of development; 2) less than 50% to municipalities in the fourth, fifth and sixth group of the extent of development28.

28 B.Zeković; "Applicability of Standards for Providing Social Services in Civil Society Organizations in Montenegro", 2015


Social protection system is managed by the Ministry of Labour and Social Welfare. Within this Ministry, Directorate for Social Welfare and Child Protection is responsible for social services. This Directorate is comprised of three departments

In the Directorate for Social Welfare and Child Care activities are carried out relating to: protection of an individual, family, children without parental care, children whose parents are unable to care for them, children with disabilities and developmental disorders, children in conflicts with the law, children abusing alcohol, drugs or other illicit means, children who are victims of abuse, neglect, domestic violence and exploitation, or who are at risk of becoming victims, children victims of trafficking, children whose parents do not agree on the way to achive parental rights, children who find themselves outside the place of residence without supervision of parents, adoptive parents or guardians, pregnant women without family support and appropriate living conditions, single parents with a child without family support and adequate living conditions, adults and old persons with disabilities, and an old person who abuses alcohol, drugs or other illicit drugs, an adult and a an old person who is a victim of neglect, abuse, exploitation and domestic violence or who is in danger of becoming a victim; an adult and an old person who is a victim of human trafficking, an adult and an old person who is a homeless person, as well as refugees and internally displaced persons;

The Directorate is also in charge of creating strategic documents that are of interest for the protection of certain vulnerable categories of the population; monitoring application of adopted documents; second instance

administrative procedure in the field of social and child protection and family relations; development of social and child care services, issuance, renewal, suspension and revocation of licenses for institutions and other forms of organization in the field of social and child care; affairs in the field of analytics, planning and preparation of analyses, information and reports on financial flows that serve as the basis for making projections of the necessary funds for financing annual needs, obligations and investments in the areas of social and child protection; preparation of reports and statistics on the use of funds in the field of social and child care and their generation to internal and external entities; programming and monitoring of priorities / measures related to social inclusion, within the IPA IV Component on Human Resource Development, realization of cooperation with NGOs and local self-government bodies.

Department for social and child protection and control performs tasks related to: preparation of the draft and bill of law, bylaws and other regulations in the area of social and child protection; preparation of adequate information, analysis and programmes; provision of professional opinion concerning law implementation and other regulations from this area; cooperation with local authorities and NGOs; exercising the right to family financial support; placement in another family; assistance in the education of children and youth with special needs; conducting procedures on eligibility for the performance of activities of public and private institutions in this area and provision of social and child protection as entrepreneurial activity; activities in the field of analytics, planning, and reporting on financial flows in the area of social and child protection;

3. INSTITUTIONAL FRAMEWORk

24

Department for the protection of groups at risk performs tasks related to: issuance of regulations and other acts in this area; preparation of analysis, information, reports and professional opinions on care and application of regulations from this area; monitoring state in the field of protection of children without parental care, abused and neglected children, PWD and children with special needs, children with behavioural disorders, the elderly, refugees and displaced persons and the RAE; child trafficking and human trafficking; addictions; keeps records of potential adoptive parents and children eligible for adoption; performs programming and monitoring of priorities/measures which are linked to social inclusion, within framework programme of IPA IV component of human resources development, co-operate with civil society organizations and local authorities.

Department for the development of services performs tasks related to: monitoring and analysing the state in the field of services and proposes measures for improvement of this area; preparation of analysis, information, reports and professional opinions on the state and application of regulations in the area of services; monitoring of services; conducting of financial analysis and drafting of financial investment proposal in this area; the participation in informing of service providers and local governments; analysis of annual needs of local communities; analysis of existing capacity and the need for introduction of new services in order to identify need for introduction of new services and others.

Year 2015 saw opening of the Institute for Social and Child Protection whose role is development, counselling, research and other professional activities in social and child protection.

Within its jurisdiction, the Institute for Social and Child Protection monitors quality of professional work and services in institutions; provides professional supervisory support

to improve professional work and social and child protection services; performs licensing of professional workers and issues operating license, in line with this Law; performs professional and organizational activities in the procedure for the program accreditation, i.e. services provision programme that provides professional training for professional workers and associates and service providers; develops quality system in social and child protection; coordinates the development of service standards and proposes to competent state administration body improvements of the existing and introduction of new standards; organises vocational training for professional workers and professional associates;

Centers for Social Work decide on the rights from social and child protection, in accordance with the Law. The Center for Social Work can only be founded by the state as a public institution and can be established for the territory of one or more municipalities. The Center for Social Work: performs an assessment of the status, needs, strengths and risks of users and other persons important for the user, assessment of the eligibility of caregivers, foster parents and adoptive parents, elaboration and monitoring of individual service plans, resolves in the first instance the requirements for exercising rights from social and child protection, take measures, initiate and participate in court and other proceedings, keep records and take care of keeping user documentation and perform other tasks in accordance with the law.

In Montenegro, 13 Centers for Social Work were organized: the Social Work Center for the City of Podgorica and the municipalities within the capital- Golubovci and Tuzi, Center for social Work for the Danilovgrad municipality, the Social Work Center for Herceg Novi Municipality, Center for Social Work for the Municipalities of Bar and Ulcinj, Public Institution Center for Social Work for the Capital of Cetinje, Social Work Center for Municipalities of Berane, Andrijevica and Petnjica, Center for Social Work for the Municipality of Bijelo Polje, Center for Social


Work for the municipalities of Mojkovac and Kolasin, the Social Work Center for Municipalities of Kotor, Tivat and Budva, the Social Work Center for the Municipality of Rozaje, the Social Work Center for Municipalities Plav and Gusinje, the Center for Social Work for the Municipalities of Pljevlja and Zabljak and Center for Social Work for the municipalities of Niksic, Pluzine and Savnik.

During 2015, a reorganization of the centers for social work was carried out with the aim of more efficient work and better accessibility to the rights from social and child protection, in the way that a new Social Work Center for the municipalities of Mojkovac and Kolašin was organized, Center for Social Work for the municipality of Danilovgrad, as well as the new regional units organized in Tuzi, Golubovci, Gusinje, Plav and Petnjica.

The Directorate for Inspection Affairs - Department for Inspection of Social and Child Protection was established in mid-September 2015 and performs tasks related to inspection supervision over the application of laws, by-laws and other regulations in the field of social and child care. "Social Inspection" determines the legality of work and the fulfillment of standards in accordance with the proposed Law on Social and Child Protection. in exercising supervision, the Inspector is authorized to gain immediate insight into the exercise of rights and services, warn of detected irregularities, and determine the measures and deadline for their removal, which can not be shorter than 15 days nor longer than six months. In urgent cases, it is competent to order the removal of identified irregularities and defects immediately. The responsibility of this inspection is also to give the initiative for amending laws, other regulations and general acts and propose measures for improving the situation in this field of control; preparation of analyzes, reports and information from the scope of work and cooperation with other administrative bodies, institutions and economic entities;

Council for care of persons with disabilities, consisting of representatives of line ministries, state bodies and institutions and representatives of the NGO sector dealing with the rights of persons with disabilities. The task of the Council is the protection of persons with disabilities and improvement in the areas of social and health care, education and training, work training and employment, initiating the adoption of regulations for the development and improvement of the rights of persons with disabilities, proposing measures to improve the quality of life of these persons, their rights, opportunities and needs in order to eliminate prejudices and barriers against persons with disabilities.

The Council for the Rights of the Child, tasked with: monitoring the country's fulfillment of obligations arising from the Convention on the Rights of the Child and other international documents relating to the protection of the rights of the child; protecting and promoting the rights of the child in the field of social and child protection, health care, education and other areas of importance for the protection of the rights and interests of the child, monitoring the implementation of regulations pertaining to the protection of the rights of the child, initiating the adoption of regulations for the promotion and protection of the rights of the child, improving cooperation with the local self-government in the process of implementation and protection of the rights of the child; improving cooperation with NGOs in the process of implementation and protection of the rights of the child; informing the public about the rights of the child and about the state of the child's right.


4.1. National Policies

The strategy for the development of the social protection system for the period from 2018 to 202229 was brought to improve the quality of life for social and child care users and their empowerment for independent and productive life. The basis for adopting the Strategy is the Law on Social and Child Protection ("Official Gazette of Montenegro", No. 27/13, 1/15, 42/15, 47/15, 56/16, 66/16, 1/17, 31 / 17, 42/17 and 50/17), which stipulates that social and children's protection is realized in accordance with strategic documents, which determine the long-term goals and priorities of the development of social and child care. The Government of Montenegro has previously adopted the Strategy for the Development of Social and Child Care for the period 2008-2012 and, after the expiration of the period covered by this Strategy, the Strategy for the period 2013 - 2017.

The specific goals of the strategy are to improve the normative framework in social and child protection, the quality system in social and child protection, as well as social and child care services with the continuation of deinstitutionalization.

In line with the set goals, the key planned measures for social service providers are:

�� improving the standards of social and child care services,

�� improving the conditions for issuing a license to perform the activities of service providers and operating licenses and reviewing the accreditation of the training program

�� development of training programs for professional workers, professional

29 http://www.mrs.gov.me/biblioteka/strategije

associates, associates and volunteers for maintenance and improvement of professional competences and quality of professional work.

�� Mapping the needs of users in order to improve strategic local planning, development and establishment of services at the local level and the establishment of innovative services.

All these measures are defined as tasks of the Ministry of Labor and Social Welfare in the 2018 Action Plan for the implementation of the Strategy.

The Strategy for the Integration of Persons with Disabilities in Montenegro for the period 2016-202030 is a continuation of work on improving the position of persons with disabilities. Namely, at the end of 2007, the Government of Montenegro adopted the first Strategy for the Integration of Persons with Disabilities in Montenegro for the period 2008-2016. year, with a whole series of measures and recommendations that should be undertaken in an eight-year period in order to improve the position of this population. Bearing in mind the commitment of Montenegro to EU accession, the new strategy follows the areas of action and the timeframe of the European Strategy for People with Disabilities 2010-2020. years.

The Strategy for the Integration of Persons with Disabilities for the period 2016-2020, consists of a set of goals and measures in the areas of accessibility, participation, equality, employment, education and training, health and social protection.

The strategic goal in the field of social protection of persons with disabilities until


4. POLICIES

28

2020 is: to ensure the inclusion of persons with disabilities in society through the establishment of a modern and sustainable system of social protection with the improvement of the living standard of all persons with disabilities in Montenegro, with special attention paid to those who need the highest level of support, which due to their state of health and inaccessibility of various services are not able to earn for themselves and provide living conditions in accordance with international standards; and to improve the quality of social housing for people with disabilities.

Key measures and activities for achieving this strategic goal that are closely related to the provision of services are:

�� Ensure the sustainability of the social protection system for people with disabilities;

�� To improve the legal regulations in the area of social protection based on disability, according to the level of support necessary for full inclusion in the community;

�� Accredit and implement education programs for employees in social and child care;

�� Facilitate the systematic and organized professional development of service providers for people with disabilities following the social model;

�� Establish and develop new / missing services based on the user's needs

Strategy for the Development of the Social Protection System for the Elderly 31 for the period from 2018 to 2022 (hereinafter: the Strategy) is adopted in order to improve the normative framework, further develop services for support to life within a community, improve quality of the social care for the elderly and increase participation of organizations of civil society, NGOs, commercial subjects, entrepreneurs and psychical persons in providing services of social care for the elderly,


in a sustainable manner.

For the purposes of making this Strategy, an Analysis of the Implementation of the Strategy for the Development of the Social Protection System for the Elderly for the period from 2013 to 201732 was conducted and indicated that:

�� There is a need for further development of services for support for the life in a community, although a number of services and users increased.

�� There is a need for improvement of quality of social protection for the elderly at a local level, in line with the Law on Social and Child Protection.

�� There is a need for increase of participation of organization of civil societies and NGOs in provision of services of social protection for the elderly in a sustainable manner by using funds from the resources of public revenue.

�� There is a need for improvement of normative framework and system of quality in social protection for the elderly that relates to: services standard, system of licencing, system of program accreditation, organization, normatives, standards and manner of work in the centers for social work and supervision support.

The main goal of this Strategy is improved social protection for the elderly, with integrated services and support for preservation and improvement of their quality of life. in order to achieve the stated goal it is necessary to improve:

1. Social responsibility and interactional approach that enables fostering of social inclusion, increase in the quality of life and usage of capacities of the elderly for independent life.

2. Social protection for the elderly services.

32 http://dignitas-network.org/2017/10/17/aktivnosti-ministarstva-rada-i-socijalnog-staranja/


3. System of quality of services for the elderly.

Key measures for achieving social services goals are:

�� Local self-governments to provide financial participation in support services for community life for the elderly, and ensure that each local self-government has at least one social protection service for the elderly.

�� Improve multisectoral services for elderly in local self-governments.

�� Improve the provision of social care services to elderly by encouraging organizations, entrepreneurs, businesses and individuals to provide services.

�� Develop volunteerism

�� Encourage the development of innovative services for the elderly.

�� Improve service standards and conditions for issuing a license for performing the activities of service providers and operating licenses

The Strategy of Montenegro for the prevention of drug abuse 2013-2020 and Action Plan 2013- 2016contain specific annexes as well as instilled proposals and suggestions from competent state administration bodies, relevant institutions, local government, experts of various profiles and NGOs. Section that refers to realization of goal “Drug Demand Reduction” particularly stresses the role of all the stakeholders in the area of rehabilitation and reintegration of drug addicts into the society, including the persons who are serving sentences of imprisonment which envisages “Increasing of availability, accessibility and coverage of efficient and various interventions related to social rehabilitation and social reintegration”.

The Strategy for development of foster care in Montenegro with action plan for the period 2012 -201633 was adopted to ensure


sustainable, efficient and to all available system of child and youth protection without parental care. The Strategy says that the foster-care as adequate form of protection is based on partnership of public, private and civil sector as providers of the service in this area with stimulation of full participation of beneficiaries – children and foster parents. Process of Foster-care Development Strategy implementation in Montenegro shall be managed by state and local structures, which will ensure realisation of action plans. Local structures will be operative structures for the realisation of the Strategy which are: Social Welfare Centres; Children’s Home; Day care Centres; employment services; the media; NGO; educational institutions; healthcare institutions.

Analysis of the implementation of the Strategy of development of foster care in Montenegro 2012-201634 was conducted in November-December, 2017. Based on the obtained conclusions and recommendations, it is planned to create a new Strategy for the period 2018-2022.

Objective 4 of the Strategy for the protection from domestic violence (2016-2020)35states that: Improved system of institutional protection against domestic violence plans to issue and implement national plan for improvement of general support services and plan for specialised support services for violence victims in line with the Istanbul Convention and recommendations of the study of the Council of Europe on minimal standards for specialised services36). Some of the indicators are: established three centres for provision of specialised support services; share of resources allocated from annual and local budgets for unhindered operating of safe houses and shelters for victims, compared with the overall budget for services in this area, at annual level;share of funds allocated

34 http://www.zsdzcg.me/images/Najava%20dogadjaja/Analiza%20primene%20Strategije%20razvoja%20hraniteljstva%20u%20Crnoj%20Gori%2024.12.2017.pdf

35 Podgorica, December 201536 Kelly and Dubois, 2008

30

from state and local budgets for operating (24/7) SOS lines that provide free counselling to victims on all forms of violence compared with the overall budget for services in this area, at annual level.

The Strategy for the Protection from Domestic Violence for the period 2016-2020 defines the general policy of the country in relation to the protection against domestic violence. The document represents the continuation of a strategic approach to issues of importance for the protection against domestic violence, which began with the development and implementation of the Strategy for the Protection against Domestic Violence 2011-2015.

The Strategy for the Prevention and Protection of Children against Violence includes the period 2017-2021. It applies to all children aged 0-18 years. The overall goal of the strategy is to strengthen the role of the national system within a multidisciplinary response in: prevention of violence and protection of the physical and mental health of children who are exposed to violence or at risk of violence; providing care and services for children who are victims of violence and alleviating health consequences and other negative consequences of violence.

Within the specific strategic objective 2: "Improving the institutional framework for professional, quality and efficient care and protection of the child", special emphasis is given to:

�� Creation and operationalization of a special National Children's Home for Children Victims of Violence

�� Strengthening and developing capacities and counselling centers for treatment and psychosocial assistance to children victims of abuse and neglect and their families

�� Developing quality services for dealing with perpetrators of violence against children

�� Staff profiling and advancement of child protection services

�� Creating a positive parenting program that includes parenting counselling as well as a "parental hotline" for parent support

�� Development of professional programs for personnel on violence against children, protection and continuity of care for all relevant professionals working with children who are victims of violence, children at risk of violence and children exposed to negative childhood experiences

4.2. Local Policies

Local plans for improvement of social inclusion – development of social protection services, were adopted in 15 municipalities (Bar, Bijelo Polje, Nikšić, Plužine, Šavnik, Mojkovac,the Capital of Podgorica, Cetinje, Pljevlja, Plav, Berane, Kolasin, Tivat, Budva and Ulcinj) 37.

Priority target groups in most municipalities are: children, persons with disability, the elderly, victims of violence, young at risk of their families, financially vulnerable categories of population, less-employable persons, single-parents and homeless in lower part of the municipalities. It needs to be noted that there was no division as per national affiliation, but it was presumed that the measures and activities focused on provision of services to groups that are socially endangered, also include Roma and Egyptian population as vulnerable category of population, as well as LGBT persons.

Identified needed services:

�� Service of assessment and planning carried out by the Social Welfare Centre

�� Services of support to community life (daycare centers, daycare, housing with support, shelters, assistance at

37 „Analysis of the application of the Strategy of development of social and child protection in Montenegro for the period 2013-2017 - Ministry of Labor and Social Welfare / http://www.mrs.gov.me/biblioteka/strategije


home, personal assistant, sign language interpreter, temporary shelter service for persons with disability; service of rest and recreation, services in nurseries and kindergartens for children from families with cases of violence, beneficiaries of financial support, marriage and family counseling, confidant services, mediation for individuals and families in crisis)

�� Counseling-therapeutic and social-educational service (telephone lines; free legal aid; self-help groups, SOS lines; psychosocial support, counseling,

�� Accommodation (foster-care, shelters, temporary shelter and long-term shelter service, shelter for domestic violence victims; shelter for human trafficking victims; shelter for sexual orientation victims, centers for accommodation, rehabilitation and re-socialization of female drug addicts; shelter for single-parent underage mothers)

32


5.1. Background

As one of the members of the Council of Europe, Montenegro is obliged to accept and assume all the rights and obligations arising from that membership, therefore to integrate the principles of the EU social policy in the social protection system and to develop a system of social protection services in line with EU standards, requirements and best practices. These practices include, inter alia, the development of social services through the active involvement and cooperation of all stakeholders from the public and private sectors, such as local governments, service users, service providers, among which CSOs play a key role.

In January 2018, in the framework of the third cycle of the General Periodic Review of the Human Rights situation in the member states of the UN, the National Report on the Status of Human Rights in Montenegro was presented to the UN Human Rights Council. On that occasion, Montenegro received about 180 recommendations of the UN member states for further affirmation of human rights and freedoms, which is at the level of the average number of recommendations that the UN member states receive within the third cycle of the General Periodic Review (source: Cabinet of the Prime Minister of Montenegro38). New legal solutions that more effectively protect against discrimination, enable further empowerment of women and girls, improve the fight against human trafficking and more successfully protect the rights of people with disabilities are listed as positive. Nevertheless, the Deputy Prime Minister on this occasion also pointed

38 Cabinet of the Prime Minister of Montenegro: http://www.gov.me/vijesti/180633/zeneva-Predstavljen-napredak-Crne-Gore-u-razvoju-i-afirmaciji-ljudskih-prava-i-sloboda.html

out the areas where more work needs to be done: such as the fight against domestic violence, and violence against women and children, stressing that the state and judicial authorities in this area must provide stronger and more effective protection for victims of violence and to act more decisively and rigorously against the perpetrators39. Despite productive cooperation between state institutions and NGOs in improving the position of persons with disabilities, the report indicates that these people are still exposed to social marginalization, which clearly indicates the need for further empowerment of both disabled people and the capacity of institutions and their resources.

The Law on Social and Child Protection40 enables Organizations, Entrepreneurs and Individuals to provide social welfare services if they satisfy the conditions for performing this activity and obtain a license. The law, as mentioned above, has been amended several times (2015, 2016. and 2017), but there were no significant changes in the field of social services. The changes mainly concerned the abolition of benefits due to the birth of three or more children, the exercise of the right to maternity security, personal disability allowance and care and assistance allowance, the amount of child allowance and the allowance for a newborn child.

Current analysis of the situation shows that there is a strong need for:

�� further improvement of the normative framework and quality system in social and child protection in relation to: standards of social and child care services,

39 Cabinet of the Prime Minister of Montenegro: http://www.gov.me/vijesti/180633/zeneva-Predstavljen-napredak-Crne-Gore-u-razvoju-i-afirmaciji-ljudskih-prava-i-sloboda.html

40 Službeni list Crne Gore broj 27/2013

5. PROBLEM ANALYSIS

34

licensing system for service providers, system of licensing professional workers, system of accreditation of training programs, organization, norms, standards and methods of work in centers for social works and supervisory support,

�� development and improvement of social and child care services,

�� greater involvement of local governments in improving the quality of social and child care in local communities,

�� increasing the participation of civil society organizations, NGOs, businesses, entrepreneurs and individuals in the provision of social and child care services in a sustainable way41

According to the research of Institute Alternativa42 from 2013, citizens of Montenegro had at their disposal 284 services, rendered by 175 service providers. Social-educational and counselling-therapeutic services represent the most available services (58.8%), while the least available is placement in shelter (2.8%). Out of 175 service providers, majority were non-governmental organisations (80.5%). Municipal organisations of Red Cross account for 9.7% while public institutions 8.5%. Predominant providers of all types of services are NGOs (80.2%). Municipal organisations of the Red Cross provide 13.3% of services, while public institutions 5.6%. The researches show that the CSOs which provide social protection services for different target groups receive over 80% of financial support from foreign sources which seriously affects sustainability of their programmes.

According to the Ministry of Labor and Social Welfare43, 127 services are registered, most

41 „Analysis of the application of the Strategy of development of social and child protection in Montenegro for the period 2013 - 2017-Ministry of Labor and Social Welfare / http://www.mrs.gov.me/biblioteka/strategije

42 Mapping of social protection services in Montenegro, Institut Alterntiva, Podgorica, 2013

43 Data from "Review of Social Services in Montenegro in 2012", Danilo Vukovid, UNDP, 2012 conducted for the needs of the MLSW.

of them are provided by non-governmental organizations (103 or 80%). Public institutions provide 15 service, municipal organizations of the Red Cross 9, while one service is provided by local self-government.

The total number of beneficiaries of local social security services registered in the UNDP survey is 7,132. Out of this number, 80% or 5.715 beneficiaries are served through non-governmental organizations projects, while public institutions serve 692 beneficiaries or 9.7%, Red Cross provides services for 685 or 9.6% of beneficiaries, and municipalities for 40 users.

Social protection services in the local communities, sorted by the target groups, are mostly related to the elderly (21.9%), the children with disabilities (20.3%) and the persons with disabilities (17.2%), the beneficiaries of psychoactive substances and the victims of domestic violence (total 17.2%). Services for children, young people and women are insufficiently developed, and are mainly provided by non-governmental organizations (social services such as residential or confidential telephone line for children, parental services, women's services as well as services for family, parents and victims of domestic violence, services for LGBT persons provided in Podgorica, etc.).

Regardless of the fact that state representatives often express doubts about the accuracy of data in their public appearances, the arguments for the contrary do not exist, especially given that the ministry in charge has not yet implemented the activities envisaged by the the current Strategy, which refers to:

a) maping existing services and analyzing the needs of citizens for services in social and child care in all municipalities.

b) analyzing and identifying the needs for the development and standardization of new social and child care services.

c) reviewing and adopting new local plans for social and child protection.

The Law on Social and Child Protection from 2013 sets out decentralisation of social


services. It can be implemented only if the country implements financial decentralisation. Budgets of local governments are modest, in particular the northern local governments. Difference in economic power is reflected in availability of services which is not the same in the southern, the central and the northern regions. Local governments have strategic plans for improvement of social inclusion which acknowledges the needs of population. Due to budgetary constraints of local governments, even though certain groups have been identified as priority, services have not been developed for them.

5.2. Benefits of inclusion of the NGO sector in the sphere of providing social services

Benefits of involvement of CSOs in the sphere of providing social services are economic efficiency, the introduction of competition, which will provide a wider range of services, and improve the quality of services focused to the needs of users.

Economic efficiency can be explained by lower costs, and therefore by cheaper services provided by the CSOs in relation to the government sector, which are primarily the result of the efforts of volunteers, lower administrative costs and the absence of the need to achieve profit. A significant contribution to the quality of services is the possibility of direct contact with users, sensibility in relation to users, innovation, and good knowledge of potential target groups in the local community in which they are active. CSOs in Montenegro have developed their expertise, gained significant experience and knowledge necessary for the provision of social services; generally they are better organized and have the flexibility and efficiency which institutions of the system do not have.

No matter what system institutions express doubts about the effectiveness of quality control in the work of NGOs, the real presupposition that this control will be bigger

and more efficient compared with the state institutions for several reasons. First of all the state institutions are not inclined to control themselves, and the quality control by the service users is inadequate because state institutions hold monopoly. So, suspicious of Government regarding to CSOs will make quality of the control more rigorous, on the other hand, bearing on mind that those who provide social services have no longer monopoly and that they do not control themselves beneficiaries will more often complain on inappropriate quality.

The advantage of CSOs is definitely and their intense involvement in the implementation of campaigns, education of general and professional public, dissemination of information about users’ rights and how to exercise these rights, the promotion of existing services, which increases the availability of services, empowering vulnerable groups and raising public awareness about social problems. CSOs often succeed to contribute to improving the situation of marginalized groups by providing services and for those to which the state institution cannot reach. 44.

5.3. Weaknesses

Regardless of what that the NGO are the biggest social services providers in Montenegro, their work is based on the projects, what threatens the stability of service delivery. Mainly resources that are necessary for the functioning of services (space, utilities, etc.) come from foreign donors, and through projects that are not directly related to social services. Lack of resources creates economic uncertainty of engaged people and leads to the attrition of staff, who is trained to provide social service. This leads to aging of organizations and syndrome of exhaustion of members who are longtime engaged in this fields.

CSOs service providers are mostly focused on its users, and in that process often neglect

44 Center for Liberal Democratic Studies / Gordana Matković, Milica Stranjaković, Vera Kovačević / The Role of Non-Governmental Organizations in the Provision of Social Protection Services-Belgrade, 2009.

36

to build their own capacities, in terms of internal procedures, policies and appropriate management which could respond to the needs of future subcontracting with the government.

Majority of organisations do not have their strategic plans, adequate structure of services they would “place at the market”, they are not sufficiently visible in the public, do not have clear internal procedures and policies or management that would respond to the needs of future subcontracting with the government.

The authorities of the central government as well as units of local government with their social welfare institutions do not recognize civil society organizations as respectable partners in the provision of social services. They also do not have the capacity to identify opportunities for the development of professional and cost-effective social services at the local level with CSOs as one of the main actors. Local authorities have more confidence in the government sector, especially when it comes to users from vulnerable groups, such as persons with disabilities or children. The resistance occurs also in state agencies which provide similar services and who are opposed to the introduction of competition.

5.4. Challenges in the standardization of social services

Existence of possibility that different organizations providing social services, requires the necessary mechanisms for the maintenance and improvement of quality system, and regulatory mechanisms which facilitate the functioning of such a system. This mechanism consists of: Standards of social care services; Licensing of organizations which provide social services; Licensing of skilled workers who provide services; Accreditation of training programs and programs of providing social protection. For an organisation to be provider of social services as per the Law, it needs to be licenced, i.e. to have approval for provision of a particular service. Certain

conditions and set criteria and standards for a particular service need to be met to obtain the licence. The successfulness of the CSOs involvement in the sphere of provision of social services does not depend solely on the characteristics and the quality of the non-governmental sector (their ability to define their services, to meet quality standards, to attract customers, to meet the requirements of reporting and monitoring), but primarily on the willingness and ability of state to support these processes.

Quality of services cannot be achieved if there is no common understanding of what the standards are, why they are important and how they are implemented in practice. However, civil society organizations were not sufficiently involved in social policy making, particularly in the accreditation of social programs, professional training, standardization and licensing of social services, and consequently the results of these processes causing a high level of dissatisfaction among CSOs service providers. Montenegrin CSOs are convinced that they cannot meet the future requirements of the licensing process without the additional support.

Current standardisation process, set of uncertainties related to issued rulebooks and completely unclear system of defining cost of services additionally contribute to uncertainty, but also distrust of civil society organisation for the Government’s “sincere” intentions to a create truly reformed social protection. At the same time, there are dilemmas amongst the very CSOs in regards to the extent to which the licensing should limit activities of anyhow small number of organisations present in the social protection sector.

Subcontracting for provided services as a dominant source of financing brings civil society organizations in a position to compete in the market, entering into competition with profit making companies, which reduces the space for their flexibility, which is an important trait of NGO sector functioning. There is also understanding that this change also reflects on the autonomy of CSOs, and their efficiency in fulfilling other functions, such as


the representation of the interests of the most vulnerable groups (Young, 2000, s.160).

However, the key dilemmas that lead to the concerns of CSOs are the fulfillment of standards in the management of human and technical resources, which inevitably brings up following question: To what extent will the country which introduces these standards participate in their achieving?

Particularly disturbing is the status of small local organizations that can easily come to a position where they are forced to cancel useful and necessary services due to lack of funds needed for provision of standards prescribed by the Law and licensed and accredited programs. This situation could endanger the purpose of the social protection reform that should be focused on the beneficiaries, because, owing to greater flexibility and authentic non-profit motivation, smaller NGOs often manage to contribute to improvement of position of marginalized groups by providing services to those which cannot be reached by state institutions.

In order to ensure the necessary quality, the Government of Montenegro adopted the Rulebook on detailed conditions and standards for the exercise of professional occupations in the field of social and child protection with a list of professional occupations and required qualifications. The first eight professions require some form of specialist studies and professional license. The CSOs representatives expressed concern that these upcoming standards for provision of social care services will be unreasonably high and will require a diploma in the field of social work even for basic roles in providing services.45These requirements will jeopardize the functioning of a large number of services that are provided specifically for multiply discriminated groups such as psychoactive substance addicts, LGBT population, sex workers, women who are victims of domestic violence and such.

45 UNDP, Report on the Evaluation of Quality of Social Welfare Services Supported through project "Social Welfare and Child Care System Reform: Enhancing Social Inclusion." Component 2: Social Welfare Reform,July2014, http://bit.ly/1foQlP8

Additional impediment and hindrance to the process of services standardization for CSOs is that a particular organization cannot be licensed as service provider unless it hires licensed professional workers who have undertaken accredited training programs. Bearing in mind that many necessary training programs have not yet been accredited, it becomes clear that the services standardization is a far longer process than it seems at first. In support of this claim is the fact that the Institute for Social and Child Protection, only in September 2017 announced the first competition for the accreditation of training programs related to services for elderly people, children and victims of domestic violence. On that occasion, 6 training programs were accredited.

�� Basic training for working in institutions for accommodating adults and elderly people

�� House help, gerontomotive services

�� Basic training for protection against domestic violence and violence against children

�� Basic training program for professional workers, professional associates and members of multidisciplinary teams for protection against domestic violence and violence against children

�� Basic training for working with children and young people with developmental disorders in Day Care Centers

�� Basic training for working in day care centers for children and youth with disabilities

The Rulebook on detailed conditions and standards for counselling-therapeutic and social-educational services prescribes that the provider of counselling-therapeutic and social-educational services is obliged to provide adequate space, support and empowerment of beneficiaries. However, given a whole set of specific services in this field, it is lacking in rulebooks to define work principles and necessary structure. For example, section of this rulebook explains

38

what SOS line service provider is obliged to provide but not the rules and principles of work with clients.

The Rulebook on detailed conditions for provision and usage, norms and minimal standards for service of support to community life includes: daycare centre; assistance in home; housing with support; shelter; personal assistance, but it also sets out that the service provider is obliged to provide all material conditions and conditions for development of beneficiaries’ potential and their empowerment.

We have the same situation when it comes to services of placement in a shelter. The standards set out in part relating to residential and material resources are extremely high46. At the moment, not even does the public institution47, funded by the government and local government, meet the minimum of these standards. As for civil society organisations, out of three existing shelters for women and children victims of domestic violence, shelter managed by the SOS line Nikšićis the only that can be competitive in the market.

Regardless of enviable number of adopted rulebooks, lack of clear procedures / models for all levels of standardization raises particular concerns. Competent Ministry does not have guidelines with description of the procedures and a list of required documents, i.e. sources of verification for each request individually, which creates confusion among the organizations that are planning licensing and accreditation. Also, at the ministry’s level

46 The standards proscribe that the provider of the placement service is obliged to ensure: appropriate residential space (rooms with bathroom, living rooms, luncheons, space for organising work-occupational and other common contents, front desk with waiting room and a lavatory, in line with special regulations); material conditions; accommodation in accordance with the beneficiary’s gender; food and availability of health services; safe environment (includes visitation, supervision and safety procedures); development of potentials and empowerment of beneficiaries in regards to capacity of immediate care of oneself and participation in activities of community life and individual work with the beneficiaries;

47 Centre for Children and Family Support in Bijelo Polje

there is no advisory entity and at this moment the Ministry does not plan any training programmes for CSOs, which initially leads to unequal treatment of providers from CSOs and service providers from the public sector who receive all the necessary logistics in accordance with all legislative changes.

With all these uncertainties and concerns and the need for infrastructure (premises, adequate equipment, vehicles, etc.), it is clear that the standardization of services poses a major challenge for the CSOs.

5.5. Financing

Funds for performing social and child protection activities are provided in the state budget and budgets of local self-government as well as through the provision of service providers. In the budgets of local self-government funds for the social benefits and child protection prescribed by law and for social and child protection services, such as home help, living room, folk kitchen services, child rest and recreation, accommodation in a shelter - shelter, housing for socially disadvantaged persons can be provided, in accordance with the law and other services in accordance with their material capabilities. If municipalities are not able to provide funds for these services, state will participate in their financing.

Namely, the Law prescribes a possibility, not an obligation for local self-government in terms of funding and providing services. This results in insufficient participation of local self-government in the development of social and child protection in Montenegro, as it significantly reduces the possibility of respecting the legal principle of preventing institutionalization and accessibility of services in the least restrictive environment, the quality of social and child protection, the realization of rights and meeting the needs of users in the area of social and child protection. In this context, there is a need for systematic improvements in fiscal decentralization, which would enable municipalities to allocate


more funds to social and child protection services48.

According to UNDP, systems of funding and planning financial resources for social services are centralized and all the rights are being funded from the state budget.49As such, insufficient and uneven development of services funding in the community remains a challenge. Given that the national government is the strongest entity responsible for social protection in Montenegro, decentralization of affairs will entail fiscal decentralization. Alongside, there is no analysis of potential expenses for funding services to meet the actual needs.50In regards to technical capacities, further investments will be required to provide social infrastructure needed for provision of innovative and new services in line with new laws. It remains to be seen to what extent these provisions will relate to CSO.

The role of local governments in provision of services is more of a coordinator i.e. it contracts provision of certain services on the grounds of adopted strategic documents which need to meet the needs of local population in this area51.However, article 156 of the Law on Social and Child Protection, states that in addition to the state budget municipal budgets are also used for financing social services. Besides the aforementioned, donations and financial resources from chance games are listed as sources of funding. Previous experiences show that the state relies too much on donor funding but also that there is a strong resistance to allocating funds for the costs of the services provided by the civil society organizations from the budget of competent ministries. Frequently, the government strategies for the


49 Dejana Razic Ilic, Kevin Byrne,Midterm Review of Cooperation Programme between UNICEF and the Government of Montenegro for the period 2012-2016, UNICEF, December 2014.

50 UNDP, Report on the Evaluation of Quality of Social Welfare Services Supported through project "Social Welfare and Child Care System Reform: Enhancing Social Inclusion." Component 2: Social Welfare Reform, July, July 2014, http://bit.ly/1foQlP8

51 Mapping of Social Protection Services in Montenegro, Institute Alterntiva, Podgorica, 2013

activities carried out by CSOs refer to financial resources from chance games as a source of financing but this is violation of the rules of procedure of the Commission for allocation of funds and imposes the issue of the legality of such solutions.

Local governments are exerting strong resistance to financing social services, with justification that these services should be primarily financed by the state, even though article 154 of the Law on Social and Child Protection states that: “If municipalities are not able to provide funds for services referred to in paragraph 4 this Article, the state shall take part in their funding in accordance with Article 156 of this Law”.

There is a very interesting long-standing practice of municipalities whereby, with the resolutions on distribution of financial resources (budget rebalance), municipalities set out/distribute on average by 40% less amount of financial resources than that allocated by resolutions on the budget. It is precisely the biggest municipalities with the highest budgets, such as the Capital of Podgorica, Bar, Herceg Novi and such that are predominant in application of this practice, while smaller municipalities such as Andrijevica, Kolašin, Kotor, Mojkovac and such in their resolutions allocate the same amount of funds for NGO that is set out in resolutions on the budget52.

It is almost impossible to establish the amount of financial support local government allocate for the development of social services. What makes this determination even more difficult is primarily the manner of classification of expenditures in budgetary resolutions and annual accounts of local government, as well as the fact that many local governments responded that they did not allocate any funds for the development of the services. All this questions sustainability of services, but sustainability is directly correlated to provision of professional capacities for ensuring appropriate quality.53

52 Analysis of functioning of local governments in Montenegro / Montenegro of Interior Affairs 2012

53 Mapping of Social Protection Services in Montenegro,

40

The Ministry of Labour and Social Welfare adopted the Rulebook on the amount of funds for development or financing of social and child protection services and the criteria for their allocation54which also defines the criteria for the allocation of funds by local governments, the criteria for the participation of local governments and the dynamics of the transfer of funds. For this purpose, the Ministry of Labour and Social Welfare allocated 910,000 EUR, for the period of 2016, while for the period 2017, 1,200.00 EUR. There is no data on which CSOs and how much funds are allocated from this budget line because the process of budgeting is non-transparent, ie there is no public invitation to distribute funds through the call for proposals.

To what extent these funds will be used to support social services provided by CSOs, of course depends on the level of understanding of the whole process of reforming social care, the degree of understanding of the importance of inclusion of CSOs as credible providers, as well as the sensibility of head of the local administration to the needs of citizens from vulnerable categories of society. It should be noted that this Rulebook does not correspond with the decisions on the rights from social and child protection adopted by all Montenegrin local units, and which refer to the exclusive right to a free meal at a soup kitchen, gift package for the newborn child; financial assistance in education; and free rest and recreation.

As for institutional support necessary for service providers in NGO sector, as a positive example at the local level, we can mention provision and / or financing of space for the work of organizations that provide services to people with disability, by municipalities. When it comes to other fields of activity, there are very few examples of good practice, but it is important to refer to them primarily as acknowledgment of support to service providers’ organizations:

Institut Alterntiva, Podgorica, 2013

54 No.: 56-626/15-2 Podgorica: 24th July, 2015

a) for the purpose construction of shelter, SOS line for women and children victims of violence in Nikšić, got land from the Municipality of Niksic under favourable conditions and was exempt of payment for all the utilities required for its construction.

b) the Capital of Podgorica gave a house for usage to Women’s Safe House while the service of using food from “the soup kitchen” was provided for the beneficiaries of this service.

c) SOS line Ulcinj got office space for use from the Municipality of Ulcinj and was exempt from paying part of utility costs.

d) Municipality of Pljevlja for now remains to be the only municipality in Montenegro to have been providing since 2013 for institutional costs for the service of shelter of NGO Bona fide, on the grounds of the Resolution in which this NGOs was declared to be organization of special interest for the community

e) The Center for the Rights of the Child has received the space for work from the Podgorica Capital

In the area of social welfare system reform in Montenegro, project “Enhancing Social Inclusion”55was implemented by UNDP Montenegro in partnership with the Ministry of Labor and Social Welfare, Ministry of Education and UNICEF, through financial support from the Delegation of European Union to Montenegro. Acknowledging the process of social protection system decentralization, project activities were aimed at establishing the Fund for Social Services, as well as support to strengthening capacities of the Ministry of Labor and Social Welfare in planning and implementing decentralization in the area of social protection, as well as provision of support to establishing social services in the

55 Project “Enhancing Social Inclusion” implemented by UNDP CO Montenegro in partnership with the Ministry of Labour and Social Welfare, Ministry of Education and UNICEF, supported by the Delegation of European Union (DEU) through IPA funds 2010, Component 2.


local community by funding projects through public competition. The project was realized over the course of 2011 to 2014 whose planned key result was transition of the Fund for Social Services under the “ownership” of the Ministry of Labor and Social Welfare. However, the moment the project activities were completed, the competent Ministry failed to undertake its role, nor has the budget of the Ministry allocated funds for these purposes. Bearing in mind that the Ministry of Labor and Social Welfare has already allocated substantial funds for local governments for social services, the question is how rational this solution was at this particular moment, especially given the long-term poor practice of local government in providing support for service providers from the CSOs.

The Fund for Social Services in the regional countries is known under the name of Fund for Social Innovations but it is a systematic solution for sustainability of services provided by non-governmental organization. Existence of this fund would respond to the needs of the NGO in the process of creating conditions for the standardization of the services.

Handbook on Non-State Social Service Delivery Models56, (published in the Montenegrin language by the Office of the United Nations Development Program (UNDP) in Montenegro, within the project "Reform of the Social and Child Protection System - Improving Social Inclusion", financed by the Delegation of the European Union to Montenegro), asserts the obligation of the state to ensure the provision of social services as stipulated by international legal instruments, and underlines the primacy of the human rights based approach to service provision. “While government responsibility and funding for services cannot be delegated, the operation of such services can be contracted out to nonstate providers.

56 Handbook on Social Service Delivery Models (UNDP, 2013) http://www.me.undp.org/content/dam/montenegro/docs/publications/si/SWR/Modeli%20pru%C5%BEanja%20usluga%20socijalne%20za%C5%A1tite.pdf?download

The mixed modalities of such service provision serve to improve access for people in need of social services by broadening the choices available to them.”

One of the finds mentioned in this Handbook is that successful social contracting is strongly related to the processes of decentralization. This includes, in particular, the necessity to dedicate adequate revenues for social contracting, as well as the authority to make decisions on incomes and expenditures at a local level. “If the central governments delegate responsibility for the services at the municipal level without creating an enabling framework for funding of the services, it is not likely that the services will be delivered in the volume and quality required. In some cases, the services may not be delivered at all, even though the local authorities are obliged by law to ensure the provision of the services. On the other hand, the central government cannot be expected to fund all the local needs by itself, which is why options must be explored to generate funding locally (for example, through property taxes, local taxes, user charges, and municipal borrowings57

5.6. Analysis of CSOs' Needs to Implement Standards in Providing Social Services

For the purpose of a better understanding of the situation within the framework of this study, an analysis of the needs of civil society organizations was carried out. The focus is on 33 members of the Montenegrin IRIS Network, which is consisted of organizations prominent in the field of social service providers. The analysis has shown that the key areas of concern for CSO providers of social services are lack of information on the process of licensing and accreditation of the service, high standards and regulations

57 Report “Recruitment & Retention in Social Services”, J. Lethbridge, Social Services Europe) https://redcross.eu/positions-publications/recruitment-retention-in-social-services-unlocking-the-sector-s-job-creation-potential.pdf

42

whose content is not adjusted to most service providers as well as uncertainty regarding the financing system, both accreditation and service work. At the same time, the CSOs do not have expert references for the development of necessary elaborates, neither information on how much this type of expert support can be obtained from the competent ministry of the Ministry of Labor and Social Welfare. Civil society organizations are additionally concerned with the new practice of establishing state services which are led by CSOs, in order to avoid support to local CSOs, the establishment of CSOs by employees in state social agencies.

Key issues / dilemmas regarding the process of licensing and accreditation of the service

�� Have all the standards and procedures required to license professional workers been adopted?

�� Key documentation required for service licensing?

�� What will be necessary to initiate the process of licensing and accreditation of the service?

�� How does the process flow? What is the procedure? What are the criteria for obtaining a license? How much does it cost? Duration of the licensing and accreditation process itself?

�� Is there a support process for civil society organizations? When will the support procedure be clear and how organizations will be supported?

�� Does the ministry plan to provide to CSOs, social service providers, some form of mentoring, training, financial support and so on in the standardization of services?

�� When does the process begin? Is there any kind of preparatory period or counseling for organizations? What is the sustainability of the process (licensing of

skilled workers and their funding as well as accredited programs)?

�� Is the standardization of services provided by volunteers (do they also receive a license?) planned?

�� Does the ministry have experts who could provide expert assistance in the licensing process (how to write a licensing program, etc.)?

�� Is there a clear policy on financing of services which successfully passes the licensing process and will there be a special fund for this purpose?

�� What is the current experience in preparing documentation necessary for licensing?

�� To which extant adopted regulations are applicable in practice?

Needs of CSOs

�� Provide expert support to CSOs in the licensing and accreditation process;

�� Organization of educational / informative sessions for CSOs by the Ministry of Labor and Social Welfare on the process and requirements of standardization of services;

�� To develop a CSO Guide on "Standards of Social Services in community and Licensing Procedures";

�� To improve the co-operation of CSOs and Local Self-Government in the development of new social protection services, organization of meetings of exchange of experiences between CSOs - providers of social protection services and Local Self-Government representatives;

�� To strengthen the awareness of local self-government representatives about their importance and role in the system of social protection, specifically in support of local-level services;

�� To work on training for NGOs in the field


of technical (organizational) and specific knowledge required to provide social services, as well as education on required standards;

�� To provide local and national government support in achieving structural standards (location, space, equipment);

�� To ensure sharing of experience with countries which already have practices licensing and accreditation for OCD providers;

�� Practical trainings with previous experience of licensed organizations, Help with the licensing process itself, Provision of financial resources for the licensing process, possible foreign visits at pre-licensed services abroad or in our country.

Services that need support in the licensing process

�� Personal Assistance

�� Daily center for children endangered by beggary exploitation

�� Psychosocial support for children with disabilities

�� Shelter for victims of trafficking and SOS tel. for victims of trafficking

�� Counseling

�� Drop-in Center for Injecting Drug Users, AIDS Info Phone

�� Housing with support

�� Living room, home help

�� Psychological, legal counseling and advocacy of victims of violence

�� SOS telephone for victims of domestic violence

�� Services within the Career Programs program

General recommendations

�� Form a social inclusion fund at the level of the ministry

�� Through existing funds, provide financial support to CSOs to create conditions for achieving service standards

�� Work on adapting the licensing system so that the conditions for CSOs are supportive, while not making concessions in terms of lowering the quality of service standards.

�� Develop a guide for CSOs on "Community Social Security Standards and Licensing Procedures"

�� Define certain legal acts that, if one service is not licensed, the program of that service can be verified.

�� The introduction of new professions relevant to the provision of social protection services in the professional nomenclature and the development of training courses for that profession with officially certified and verified provider

�� Impact on local self-governments so when they fund social protection services from funds received from the Ministry of Labor and Social Welfare it goes through a separate budget line, not merged with funds intended for material benefits (in accordance with existing local government decisions), nor with funds from a general project for NGOs.

�� Impact on local governments that funds received from the Ministry of Labor and Social Welfare for the financing of social care services are not directed mainly to public institutions, but are distributed in accordance with the priorities defined through local plans for social inclusion.

�� When inviting the social services contest, provide precise guidelines and explanations for the development of social service projects proposals for all the above mentioned elements

44

�� Social policy in the local community to be implemented through cooperation and partnerships of all actors

�� Create a list of missing services that need to be supported


These days, NGOs in many countries play an important role in provision of social services, while commercial private companies are increasingly entering the social market.

The USA is probably well ahead in subcontracting private and non-governmental organisations for provision of all types of public services. Over half of the services provided by non-governmental organisations in the United States are funded from the budget, i.e. with the purchase of these services by the State.

I n Great Britain from late 1970’s to middle of 1990’s, share of public expenditures for the social protection services provided by non-state stakeholders has tripled. On the grounds of Community Care (Delayed Discharge) Act, from 2003, local governments in England could be penalised if they fail to provide appropriate protection and accommodation. Owing to this legislative change, local authorities have become even more dependent on the non-state sector and its involvement in the services provision system (Lethbridge, 2005, s.7).

German NGOs provide majority of social services. Around 80% of the overall NGO sector revenues come from contracts with different state structures, including insurance companies, while another 10% are grants also from state financial resources. In addition, non-governmental organisation can compete for special financial support for development of additional services such as support to those with AIDS or protection of sexually abused children.

France has a long-standing tradition in provision of social services by humanitarian and religious organisations which substantially rely on the work of volunteers.

Even though both regional and municipal governments provide social services, crucial role belongs precisely to non-governmental organisation. Their funding is mainly based on multi-annual contracts with regional or municipal governments (Fultz, Tracy, 2004, s.53-67).

Most countries in transition began formulating and developing social services at a local level in the second half of the transition period, but also to implement social protection strategies, with which they intend to develop social services at the local level. However, it often happens that the NGOs are given only those social services which the state sector does not provide and which are new in the array of the offered, therefore they are not replacement for the existing state services and are not basic introduction of competitiveness in the social sector.

In the Czech Republic, nearly 900 NGOs take part in provision of social services. In addition to standard NGOs, social services are also provided by humanitarian organisation, association of citizens and foundation. «The third» sectors mainly left with new types of services such as personal assistants, home care, shelters for victims of domestic violence, support for independent living for people with disabilities, support for people who are drugs addicts, housing with support and daycare centres.

In Hungary, local authorities regulate the social protection services with their own acts, while according to national legislation, subcontracted and other local governments as well as non-governmental organisations can act as service providers. Today, almost a quarter of social protection services are

6. THE ExPERIENCES OF OTHER COUNTRIES

46

provided by NGOs, which means that amongst the regional countries, Hungary is a country with the most widespread presence of the third sector in this sphere.

Like other EU member states, Slovenia conducts development of social inclusion policy in accordance with the Lisbon Strategy58. In implementing the principles of social inclusion, the methodology used in the EU, which is applied in Slovenia, is known as the Open Method of Coordination (OMC). The aim of the OMC is good governance, transparency and the involvement of all stakeholders in the planning, implementation and monitoring of the implemented policy. It is based on following principles: participation of different representatives in work groups whose task is to report and monitor performance of activities in line with defined indicators; reaching consensus in respect to reformatory measures which were subject of negotiations between the government and other stakeholders; maximal coordination of all stakeholders; increased transparency and improved awareness of the publics in general; improvement of health care59.

Ministry of Labour, Family and Social Affairs of Slovenia is advocator of greater participation of non-governmental organisations in social protection programmes. Financing is provided both from the state budget and at the local levels. Since 1996, once a year, Slovenian government organises competitions for NGOs funding for provision of social protection services. Ministry of Labour, Family and Social Affair has been funding projects in the area of social protection and social protection services since 1993. Furthermore, national programme for social protection is one of the tools for further strengthening of this approach, especially because the funding became stable for the NGO since 1999. The funding framework is based on public call for financing which is aligned with the Law,

58 http://europa.eu/scadplus/ glossary/lisbon_strategy_en.htm

59 Slovenija jutri - http://www.slovenijajutri.gov.si

binding legal agreement, defined areas of acting and rights and liabilities of both parties related to financing.

In respect to services standardisation process, it would be relevant to provide a brief summary of current state in Serbia, especially bearing in mind that the model of social protection reform, which includes standardisation of social protection services, was practically transferred from this country to Montenegro. Unfortunately, practical experience was not considered at that stage, therefore it would be realistic to expect that the CSOs from Montenegro go through similar experiences in the standardisation process.

Identified challenges and obstacles of the CSOs in Serbia include complicated provision of documentation for the licensing process which is rather lengthy, with unclear requests in terms of documentation. Interpretation of the regulations is different and is lacking in clear guidelines for CSOs to go through the process as smoothly as possible. The costs of the licensing process are too high for opportunities that are available for the CSOs in Serbia. In average, the costs exceed €1,200 (100.000,00 dinars).Challenges and obstacles in the system of quality control primarily refer to insufficiently clear standards that do not give sufficient elements for quality control system (for example, there are no indicators), over-regulated services in the community while for some services there are no standards at all (for example for the SOS line, as well as accredited training for this service). On one hand, insufficiently elaborated standards do not provide sufficient elements for the quality control system, but on the other hand this exact situation provides certain possibilities for flexible application of the standards60.

Civil society organizations in Serbia are dissatisfied with the process of licensing CSOs - providers of social protection services.

60 P2P Conference "Social Services and Civil Society Organizations as Providers - EU Standards and Domestic Practices"; Subotica, 25-26.06.2015, Republic of Serbia - Ministry of labor, employment, veterans and social affairs, TACSO Serbia


Particular problems are the (non) cooperation of local self-government units and social work centers with CSO, inadequate and insufficient funding of services, and a complicated procedure for licensing service providers. They point out that there are double standards in terms of monitoring the work and the demands placed on civil servants and non-governmental organizations which provide social services, and that social work centers are favored in this process. Women's organizations in Serbia emphasize examples of bad practice, that the funds are geared to the so-called “SOS telephones at CSW, although in these local communities for several decades this service is provided exclusively by non-governmental organizations. It is emphasized that CSW won't issue instructions for using services provided by CSO to beneficiaries, which indicating that the mechanism of issuing instructions apparently doesn't function in social welfare system. It has been announced by the competent authorities that all non-governmental organizations providing standardized social protection services will be banned for further work if they are not licensed within the envisaged deadline, which for most of the former providers was 22.5.2016. The deadline for submitting applications for licensing SOS telephone service expires in November 2018.61.

61 https://www.womenngo.org.rs/vesti/726-ministarstvo-najavilo-zabranu-rada-nelicenciranim-organizacijama-civilnog-drustva-pruzaocima-usluga-socijalne-zastite


In order to provide an efficient, comprehensive overview of good practice in the field of institutional support to social services in Montenegro, we will show an example of a national sos helpline for assistance to victims of domestic violence as case study.

NATIONAL SOS hELPLINE FOR vICTIMS OF DOMESTIC vIOLENCE

National SOS line for victims of domestic violence is one of the most important mechanisms which provides help and support for the victim. National SOS line for victims of domestic violence is anonymous and confidential, 24 hours free line which has a unique number for calls from all over the country. Service represents an urgent and effective form of assistance which strengthens and supports victims of domestic violence. As such, the service contributes to a better quality of life of women and children victims of violence, through an enhanced system of protection. Coordination and functionality of services are the result of inter-service cooperation between the institutions of the system and the civil society, which contributes to a better response and positive change in the attitudes of those who are responsible for the protection of victims of violence. Operating mode of service contributes to the systematic response of all stakeholders within society regarding the issue of violence.

a) Description of the innovative and sustainable example

Background

The establishment of National SOS helpline for victims of domestic violence as a specialized, 24 hours assistance service, is an obligation of the Montenegro state. This obligation is

envisioned by international documents and national legislation such as: Action plan for achiving gender equality 2008-2012 and 2013-2017; The Strategy for the Protection against Domestic Violence 2011-2015; Action Plan through the Chapter 23; Law on Protection from Domestic Violence adopted in 2010 etc. However, the necessary importance wasn’t attached to the issue of establishing of this service, until the Convention on preventing and combating violence against women and domestic violence entered into force in 2014.

It should be emphasized that the support of Delegation of European Union to Montenegro, through IPA 2010 that funded the project "Gender Equality" implemented by UNDP in Montenegro, in partnership with the Ministry for Human and Minority Rights, was of a particular importance for the establishment of a national SOS line for victims of domestic violence. One of the activities in this project was the establishment of a unique SOS line.

National SOS line for victims of domestic violence started to work on 1st September 2015. The line was established by the Ministry of Labour and Social Welfare. A service of the National SOS line for victims of domestic violence is coordinated by NGO SOS Hotline for women and children victims of violence Niksic, which has 18 years of experience in working with victims of violence. After the analysis of the service functioning has been performed, the Ministry provided a continuation of financial support.

Specificity of service

National SOS line for victims of domestic violence functions as a centralized system, which in practice means that one organization leads the entire process ie. covers the entire territory of Montenegro. The line is urgent,

7. CASE STUDY – MONTENEGRO

50

anonymous and available 24 hours, 7 days a week. Calls and reports of violence are directed to the number 080 111 111. Trained, competent staff with specialized knowledge wihin the field of gender-based violence and women's human rights works for the SOS helpline. Nine (9) persons are engaged for the helpline (coordinator, three consultants, four volunteers and professional associate psychologist). Staff acts in the manner by taking care not to undermine the integrity and autonomy of the victim of domestic violence. All actions are undertaken with the approval of the victim, by guaranteeing him/her the anonymity, confidentiality and gender-based approach in the context of human rights. Service of SOS helpline strengthens and supports victims of domestic violence through informing, further referral and psychological counseling. It informs victims about their rights, opportunities and forms of support, mediates between the victim and the police, social welfare centers, and other services from the municipality of residence.

Sustainability

National SOS helpline for victims of domestic violence is financed by the Ministry of Labour and Social Welfare as a pilot project in the first 7 months. After the analysis of the service functioning has been perfomed, the Ministry provided a continuation of financial support.

National government is the most significant responsible entity for the further funding of this service. However, it is important to note that Article 156 of the Law on Social and Child Protection states that social services are financed not only from the state but also from municipal budgets.

b) A qualitative assessment of the local social realities

Domestic violence is the most common and the most hidden form of violence of men against women, which is caused by unequal power between the sexes. At the same time, it presents a serious and complex problem faced

by both the families as well as educational and social institutions, law enforcement agencies and institutions of the judicial system. Patriarchal attitudes and beliefs still create powerful mechanisms which make domestic violence inadequately visible and a system of protection ineffective.

According to data from the last survey, in Montenegro, 68.6% of women have experienced some form of violence from her husband - a partner. With the statement that a good wife should always obey her husband, agrees or not entirely certain that disagrees over 37% of women. Four out of five women think that the problems arising from violence in the family needs to be discussed only within family and that way they support any form of oppression of women, including violence as a private, family problem. Only 41.4% of women are convinced that others should intervene if the husband treats his wife badly.The percentage of women who "do not accept the existence of reasons for partner violence" is 57%.Other women accept the possibility of justifying reasons of partner violence or they are undecided.62

Law on Protection from Domestic Violence63, and the Strategy64 adopted for the purpose of its better implementation obliges the State Montenegro to record and monitor the movement of domestic violence, prevalence,, consequences and significance for the general interest of society.

State "is late with activities on effectively protection of victims of domestic violence."The legislation, as well as certainstrategic documents, which in their segments deal with the problem of violence, are in practice hardly applicable because they weren't followed by: ensuring infrastructure which is the assumption for the implementation of the law, ensuring the required resources, staff

62 Radulović,J., Ljaljević, A.: Gender equality and women's health in Montenegro, University of Montenegro, Faculty of Philosophy - Nikšić, 2009

63 Official Gazette of Montenegro, No.46 / 10

64 Strategy for Protection against Domestic Violence for the period 2011 - 2015 (adopted in June 2011)


training, networking of competent bodies for the implementation of legislation and etc.

Support services to victims (including the legal, psychological and counseling support) still exist only in the context of female service provider organizations such as SOS telephone.The fact that the Government during the adoption of the Law on Protection from Domestic Violence (which implementation required the formation of a large number of support services) did not foresee the budget for its implementation, clearly indicates the extent to which the implementation of this law depends on the involvement of women's NGOs.

SOS telephones for victims of domestic violence as volunteer services operate in the context of women's NGOs since the forming of the first NGO "SOS telephone for Women and Children Victims of Violence" in 1997.In Montenegro, this service provides the NGO SOS telephones Podgorica, Niksic, Bijelo Polje, Berane, Plav and Ulcinj.Unlike national helpline coordinated by SOS Nikšić in other cities, this kind of service is still a voluntary contribution of activists, which is why the work of these services covers the time from 17 to 21h.All organizations are in their work aimed at cooperation with state institutions and to the centers for social work, police, courts, health centers.

At the local level, 16 municipalities have adopted local plans for improvement of social inclusion - the development of social welfare services.These local plans are focused on vulnerable groups of society, among which are the victims of domestic violence.Domestic violence, as a priority issue was also included in the Local Action Plans for achieving gender equality. In the aforementioned strategic plans, in areas related to victims of domestic violence, the support to SOS telephones is planned.Unfortunately, since the adoption of the first plan in 2012, financial support for SOS service helplines for none organization was provided. Consequently, the establishment of a national helpline for victims of domestic

violence, as a service funded by the state is of great importance and as an example of good practice can be transferred to the local level.

c) Means-tested analysis of the ‘clients’

By introducing the National SOS Helpline, Montenegro has improved resources for the protection of victims of domestic violence, which contributes to the improvement of quality of life of victims of domestic violence in terms of their safety and security.

The quality of local response to violence is a significant improvement in terms of accessibility and effectiveness of protection. More specifically, the line precisely identified weaknesses and shortcomings of the protection system or its parts and intervened in accordance to that for the benefit of victims of violence in compliance with national and internationally legal solutions.

The work of Service relied on standards of multidisciplinary approach. With its work, helpline has confirmed the benefits of this approach, and the cooperation between the civil and public sector guarantees effective protection of victims. Positive changes in the practice of professionals, ie. individuals involved in the protection system, were also registered. A significant number of state officials in this period learned to treat NGOs as equal partners in the protection system. The number of mediation by institutions of the system and the number of reports addressed to the National SOS line by the institutions of the system shows that partnership is being reasonably improved.

The existence of 24-hour SOS helpline enabled the availability of information and support for victims of violence at any time. Bearing in mind that a large number of women at risk of violence is in a state of poverty, a fact that the call to this number is free is of a particular importance. The operation of this service is continuously promoted through media, billboards, brochures and flyers, so the awareness of citizens has increased, which has resulted with a growing number of calls to

52

this line.SOS line has received calls by victims personally as well as by citizens.Number of calls repeated by the victims indicates the degree of confidence in the work of the National SOS line for victims of domestic violence.

National SOS line for victims of domestic violence received over a period of first 12 months 3464 calls and 4580 services were

provided.(Tables 1 and 2)Most calls came from Podgorica 858, 847 from Niksic, 340 from Bar, 294 from Herceg Novi, 220 from Kotor, 169 from Berane, 134 from Budva, 123 from Pljevlja, 116 from Bijelo Polje, 92 from Rozaje, 77 from Cetinje, 62 from Danilovgrad, 38 from Ulcinj, 28 from Tivat, 25 from Mojkovac, 15 from Plav, 11 from Kolasin, 5 from Andrijevica, 3 from Savnik, two each from Zabljak and Petnjica and a call from Plužine.

Table 2: Number of calls to the National SOS line by months

Month Number of calls

September 312

October 302

November 275

December 266

January 219

February 297

March 307

April 313

May 286

June 283

July 318

August 286

TOTAL 3464

Table 3: Types of services provided at the National SOS helpline for victims of domestic violence

Type of service Number %

Informing 1870 40,83

Confidential interviews / emotional support 1544 33,71

Mediation towards the institutions and emergency intervention 360 9,72

Psychological counseling 445 7,86

Reference 26 6,18

Request for placement in a shelter 52 1,14

Other 283 0,56

TOTAL 4580 100


d) Reference to relevant EU policies and domestic strategic documents and laws

Establishing a National SOS line for victims of domestic violence as a specialized help service is a obligation of the state of Montenegro envisaged by international documents and national legislation.

The United Nations Declaration on the Elimination of All Forms of Discrimination against Women65 adopted in 1993 is the first international document that the issue of violence against women considers through the inequality of men and women (A/RES/48/104), while providing a framework for action at national / international level which should be undertaken by the state, including the establishment of appropriate legislationaction plans, provision of services for victims of violence, training for representatives of institutions, the provision of funds in the state budget for combating violence against women, as well as research and data collection related to appearance of different forms of violence and eficacy of measures for its prevention and elimination.

Montenegro signed Council of Europe's Convention on preventing and combating domestic violence and violence against women, known as the Istanbul Convention (adopted on 7 April 201166), on 11 May 2011. Law on Ratification of the Istanbul Convention was adopted in 201367. In this way, this comprehensive international instrument, which among other things provides the protection, prevention, prosecution, sanctioning and creation of the policy of work in the field of combating violence against

65 The Declaration on the Elimination of Violence against Women - This document represents the UN General Assembly Resolution 48/104 adopted on 20th December in 1993.

66 The Convention of the Council of Europe adopted on 7th of April 2011 and opened for signature in May 2011 in Istanbul and for this reason has been named the Istanbul Convention.

67 Official Gazette of Montenegro - International Agreements, No. 4/2013

women and domestic violence, has become part of our internal legal order, and therefore imposed the neccessity of its promotion and full implementation. Article 24 of the Convention, stipulates that the state introduce SOS line as the first and most important step of support with regard to all forms of violence by the Convention.

The state of Montenegro is further obliged by the Convention on the Elimination of All Forms of Discrimination against Women - CEDAW, which foresees the introduction of appropriate mechanisms through a strengthened system of social and other support and protection of victims of domestic violence. It also requires ensuring the legal protection of women against violence through affirmative action programs without delay - which means that this obligation of the state can not be put off by the justification of the difficult economic situation in the country. Affirmative action programs need to ensure the provision of support to victims during the intervention, and to establish SOS telephone and shelters for victims of domestic violence.

In the process of EU integration, through Chapter 23 Judiciary and Fundamental Rights and Chapter 24 Justice, freedom and security, the state is required to improve the existing mechanisms and to ensure, through law and other appropriate means, adequate protection of victims of domestic violence. The action plan of Montenegro related to chapter 23, explicitly states the establishment of national SOS line as one of the priorities in the field of protection against domestic violence and violence against women.

National SOS line for victims of domestic violence, is obligation of the state that is foreseen by the Law on Social and Child Protection, Article 63, which defines "Improving the quality of the system of protection of victims of violence." The introduction of the National SOS Line has been recognized through documents such as the Strategy for Protection from Domestic Violence 2011-2015 - Activity 15 and the Plan

54

of Action for Gender Equality 2013- 2017 Activity 5.5.5

e) Qualitative assessment on the up scaling potential.

National helpline as a service is an innovative, for a number of features in the manner of establishment, as well as in terms of functioning of the service. A justification of the introduction of this service in Montenegro is shown by the number of calls for assistance that is addressed during the pilot phase, which had a steady upward trend, as well as the number of requests for different services. The establishment of this mechanism of protection has led to improved cooperation and support at the institutional inter-sectoral level, especially at the level of local intervention.

After initial experiences that have shown the importance of these services for people with experience of violence, it is certainly necessary to work on improving service model to include more people and have a better effect on the community.

It is necessary to continuously work on informing the public, and raising awareness about the individual responsibility for domestic violence. In this way will, beside increasing the number of calls made by vulnerable people, also increase the number of calls made by third parties in favor of the victims of domestic violence.

In order to improve the availability and adequacy of services for specific groups of women, should be worked on creating conditions for bilingual provision of services.

Bearing in mind that the service does not end with the interview on the phone in terms of information and referral, but includes contacts with the relevant institutions, and often contacts with the clients, it is unrealistic to expect that staff engaged in this service can cover the whole territory of Montenegro. This is especially because the number of calls to the national SOS line is continuously

increasing. On the other hand, the number of calls and the number of clients in other local emergency organizations is not reducing. On the contrary, due to the 24-hour hotlines, the number of personal contacts and interventions related to the direct assistance and support to clients is consantly increasing.

For all these reasons it is very important to plan the improvement of existing services by introducing a decentralized model that would include the involvement of multiple organizations which would be geographically allocated (central, southern and northern regions).The decentralized model works in a way that calls to central automatically are being redirected to the nearest SOS line in relation to the place from which the call was made. By establishing a decentralized model, the availability of other local services, such as legal aid, psychological support as well as following clients through institutions of system in a role of a confident person, could be improved.

At the same time, the mentioned model would allow assessment of the legal situation in terms of relevant data on the number of detected offenses of domestic violence and the needs of victims of violence. The long-standing practice of the Ministry of Labour and Social Welfare and the Ministry of Human and Minority Rights, responsible for monitoring of the appearance of domestic violence, was to annually consolidate information from all women's organizations dealing with the protection of victims of violence.

Since the introduction of national SOS helpline, these data are not collected but only informations of this service are accepted. By using data from just one service, problem of domestic violence is minimized and the data being misused as "proof" that domestic violence is not a significant problem in Montenegro and that the current number of reported cases does not justify the need for the introduction of new or expansion of existing services.


The data of state and non-governmental organizations agree in one- that 80% of social services in the community are provided by civil society organizations. Regardless of the fact that they are the largest providers of social services in Montenegro, NGOs are funded through projects, which can jeopardize the stability of the provision of services. Regardless of the fact that social protection services established by the Law on Social Protection68 should respond to the needs of beneficiaries to the maximum extent, be equally accessible to all beneficiaries in their communities, enable to beneficiaries a choice of services and providers (whether public, non-governmental or the private sector), there are few examples of institutional support for CSO services providers. Inclusion of NGO in the sphere of social protection services “under the auspices of the state” can significantly contribute to introduction of a number of different social programs, with reduction of costs and improvement of service quality. However, in order for non-governmental sector to take its place in the sphere of social protection, it first needs to meet a number of preconditions which are first of all related to the standardization of services.

Standardization of social services is a process that is necessary in order to ensure equal quality of service provision by different service providers. However it must be admitted that the development of standards for services, both at the conceptual and at the implementation level, is not an easy job not even for state institutions which have all the logistics of the state. Standardization of social services requires both, the necessary mechanisms for maintenance and

68 Law on Social and Child Welfare, Official Gazette of Montenegro number 27/2013

improvement of quality system and regulatory mechanisms which enable the functioning of such a system. These mechanisms are; the standards of social services; the licensing of organizations which provide social services; the licensing of professionals who provide social services; the accreditation of training programs and programs of providing social protection.

Key areas of concern for CSO providers of social services are high-set standards and rulebooks whose content is not tailored to most service providers, uncertainties about the system of financing both accreditation and services itself, lack of support from the state (professional and financial) in drafting required elaborates, unfair competitors, the resistance in public service agencies that provide similar services and who oppose the introduction of competition, the new practice of establishing state services which are led by CSOs, in order to avoid support for local CSO, establishment of CSOs by employees in state social agencies. The key dilemmas that lead to the concerns of CSOs providers of social services are the fulfillment of standards in the management of human and technical resources, which inevitably brings up following question: To what extent will the country which introduces these standards participate in their achieving?

8. CONCLUSIONS


�� To include public bodies, service providers, social partners, beneficiaries and other stakeholders especially from civil sector representing and advocating the interests of beneficiaries and providers of social services in the debate about the quality of social services.

�� To increase the participation of civil society organizations, NGOs, companies, entrepreneurs and individuals in the provision of social and child protection in a sustainable way 69.

�� State authorities to transfer responsibility for services to the municipal level and to create the appropriate framework for financing of services of CSOs.

�� Local governments to designate a special line for financing social protection services on local level (for example, through real estate tax, fees, local taxes.. )

�� To increase the practice of outsourcing to various stakeholders.

�� To ensure greater involvement of social service providers in the process of planning and determination of priority social services at national and local level.

�� Conduct an analysis of the services for vulnerable groups which are not recognized by legal framework and establish their financing system.

�� Work on the development of the sector "white jobs", ie participation and valuation of volunteers who in various ways contribute to the provision of high quality social services.

69 „Analysis on the application of the Strategy of development of social and child protection in Montenegro for the period 2013-2017-Ministry of Labor and Social Welfare / http://www.mrs.gov.me/biblioteka/strategije

�� The annual funds allocated by the state for social services to be awarded transparently through public calls.

�� To provide local and national government’s support in achieving structural standards (location, space, equipment).

�� To work on adapting licensing system so that the conditions for CSOs are supportive, without making exceptions in the form of lowering services quality standards.

�� To establish social inclusion fund at the level of the Ministry

�� To provide exchange of experiences with countries that already have a practice of licensing and accreditation for CSOs service providers

9. RECOMMENDATIONS

“Third sector social service providers constitute a value for this sector as

they express citizenship capacity and contribute to social inclusion and to the social cohesion of communities.”

„Voluntary European Quality Framework for Social Services “- Quote

Documents

CIVIL SOCIETY ORGANIZATIONSsospodgorica.me/.../SOS-NVO-u-procesu-standardizacije-socijalnih-usluga...Project “Social inclusion and the rule of law in the EU integration process in