Human Rights Law at Montenegro
Montenegro's human rights framework is grounded in its Constitution, international commitments, and national institutions. Here's an overview:
🇲🇪 Constitutional Protections
Montenegro's Constitution guarantees a range of fundamental rights:
Prohibition of Torture and Inhuman Treatment: Article 28 prohibits torture, inhuman, or degrading treatment.
Right to Personal Liberty: Article 29 ensures the right to personal liberty and protection against unlawful detention.
Right to Privacy: Article 40 guarantees respect for private and family life.
Freedom of Expression: Article 43 ensures freedom of thought, conscience, and religion, and freedom of expression.
Equality Before the Law: Article 21 prohibits discrimination based on various grounds, including sex, race, language, and religion.
Right to Asylum: Article 44 provides the right to asylum for individuals fearing persecution. (Constitution of Montenegro (Official Gazette of Montenegro, No. 1/2007 ), Montenegro, WIPO Lex)
🏛️ National Human Rights Institutions
Montenegro has established institutions to protect human rights:
Protector of Human Rights and Freedoms (Ombudsman): An independent authority responsible for protecting human rights and freedoms. It has competencies in anti-discrimination, prevention of torture, and gender equality. The Ombudsman is appointed for a six-year term and operates independently. (Protector of Human Rights and Freedoms of Montenegro – Equinet)
Constitutional Court: The court adjudicates constitutional appeals, including those related to human rights violations, after all other legal remedies have been exhausted. (Montenegro)
🌐 International Commitments
Montenegro is a party to several international human rights instruments:
European Convention on Human Rights (ECHR): Ratified in 2004.
European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment: Ratified in 2006.
Convention on the Elimination of All Forms of Racial Discrimination (CERD): Ratified in 2006.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW): Ratified in 2006.
Convention on the Rights of the Child (CRC): Ratified in 2006.
International Covenant on Civil and Political Rights (ICCPR): Ratified in 2006.
International Covenant on Economic, Social and Cultural Rights (ICESCR): Ratified in 2006. (Human rights in Montenegro Amnesty International, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment)
⚖️ Legal Reforms and Challenges
Montenegro has undertaken legal reforms to strengthen human rights protection:
Judicial Reforms: Amendments to the Law on the Judicial Council and Judges in 2024 aimed to improve the functioning of the judiciary, including ethical and disciplinary responsibility for judges. (Experts of the Human Rights Committee Commend Montenegro’s Measures Preventing Violence against Women, Raise Issues Concerning Corruption and Historic Human Rights Violations | The United Nations Office at Geneva)
Domestic Violence Legislation: The Law on Protection from Domestic Violence was aligned with the Istanbul Convention, refining the definition of violence and granting victims individual rights. (Experts of the Human Rights Committee Commend Montenegro’s Measures Preventing Violence against Women, Raise Issues Concerning Corruption and Historic Human Rights Violations | The United Nations Office at Geneva)
Human Trafficking: Amendments to the Criminal Code introduced abduction as a method of committing human trafficking and established child trafficking as a distinct criminal offense. (Experts of the Human Rights Committee Commend Montenegro’s Measures Preventing Violence against Women, Raise Issues Concerning Corruption and Historic Human Rights Violations | The United Nations Office at Geneva)
Despite these efforts, challenges remain:
Police Accountability: Concerns persist regarding the treatment of individuals by police, with allegations of ill-treatment and insufficient investigations. (Council of Europe anti-torture Committee (CPT) holds high-level talks in Montenegro - Human Rights and Rule of Law)
Freedom of Expression: While press freedom has improved, journalists continue to face challenges, including impunity for attacks and limited responses to freedom of information requests. (Human rights in Montenegro Amnesty International)
LGBTQ+ Rights: Implementation of laws protecting LGBTQ+ individuals has been inconsistent, with delays in drafting gender recognition laws and continued discrimination. (Human rights in Montenegro Amnesty International)
🏛️ Oversight and Capacity Building
Montenegro has engaged in capacity-building initiatives to enhance human rights protection:
Council of Europe Support: The Council of Europe has supported the Ombudsman and the Constitutional Court in applying European human rights standards through training, guidelines, and expert support. (Support to the Ombudsperson Office and the Constitutional Court of Montenegro in applying European Human Rights standards (SOCCER) - Council of Europe Programme Office in Podgorica)
For more detailed information or assistance regarding human rights issues in Montenegro, you may contact the Protector of Human Rights and Freedoms at ombudsman@ombudsman.co.me or visit their website at www.ombudsman.co.me.
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