The Institution of the Protector of Human Rights and Freedoms of Montenegro (Ombudsman) was established by way of a Law which was passed by the Assembly of Montenegro on 10th July 2003. The Ombudsman performs his duties on the basis of the Constitution and laws and adheres to the principles of justice and fairness in the course his work.
Under the Law on the Protector of Human Rights and Freedoms of Montenegro (entered into force on 23rd August 2011) the Ombudsman has two new competences and it became the institutional mechanism for protection against all forms of discrimination and the National Preventive Mechanism for the protection and prevention of persons deprived of liberty against torture and other forms of cruel, inhuman or degrading treatment or punishment.
Competencies of the Protector of human rights and freedoms of Montenegro are based on Article 27 of the Law on the Protector of Human Rights and Freedoms of Montenegro („Official Gazette of Montenegro“ No.42/2011, 32/2014), by Article 21 of the Law on Prohibition of Discrimination, („Official Gazette of Montenegro“ No.46/2010, 18/2014) and by Article 1 of the Law on Prohibition of Discrimination of Persons with Disabilities („Official Gazette of Montenegro“ No.35/2015). Also, the latest amendments of the Law on Gender Equality („Official Gazette of Montenegro“, no.46/2007, 35/2015) have established a full competence of the Protector in acting on the bases of complaints against violation of the principle of gender equality.
Combined tribunal-type and promotion-type
|Activities aimed at supporting vulnerable groups ( e.g. through trainings )|
|Activities aimed at supporting duty bearers such as employers and service providers (e.g. through trainings, guidance material, practical support, etc.)|
|Communication activities (e.g. awareness raising campaigns)|
|Recommendations on discrimination issues|
|Publications and reports|
|Research projects (including surveys)|
|Number of inquiries handled per year (all contact even if not resulting in a formal complaint)||1551||1821||1963||4471||5321||6116|
|Number of cases handled per year (case files opened and processed according to your procedures)||481||720||617||611||576||641|
|Number of media appearances per year (major newspapers/magazines/websites/blogs, TV + radio channels) - does not include social media|
The Protector shall be appointed for a term of six years and may be removed from office in cases provided for by law. The Protector shall have one or more Deputies, and decision about the number of Deputies shall be brought by the Parliament of Montenegro, on recommendation of the Protector.
Organizational structure of Protector consists of several organizational units. These are: the national preventive mechanism, protection from torture and the right to trial within a reasonable time (NPM), an institutional mechanism for protection against discrimination, the unit of children’s rights and social protection, general protection of human rights and freedoms, as well as the unit of general affairs. Within each of these units, there are separate departments dealing with the issue of its jurisdiction.
Pursuant to the Constitution of Montenegro (“Official Gazette of Montenegro”, No. 01/07) and the Law of the Protector of human rights and freedoms, the President of Montenegro shall propose to the Parliament the Protector of human rights and freedoms, and shall consult with civil sector, associations of state prosecutors, bar associations, non-governmental organizations with principal activity of the protection of human rights and freedoms, which have responded to the public call for consultation and to obtain the opinion of academia three law schools, one of which has a Centre for Human Rights. For the Protector may be appointed a person who is citizen of Montenegro, possessing university degree and at least 15 years of working experience with high personal and professional authority, with at least seven years of experience in the field of human rights and freedoms. For the Deputy may be appointed a person who is a citizen of Montenegro, possessing university degree and at least 10 years of working experience with high personal and professional authority, with at least five years of experience in the field of human rights and freedoms. Deputy Protector shall be appointed by the Parliament upon a proposal of the Protector.
|Grounds / Fields||Employment||Education||Housing||Social Protection & Healthcare||Goods and Services||Other|
|Race and Ethnic Origin|
|Religion & Belief|
national affiliation and social origin; affiliation to the minority nation or minority national community, language, political or other opinion, health conditions, material status, marital or family status, membership in a group or assumed membership in a group, political party or other organization as well as other personal characteristics.