Protector of Human Rights and Freedoms of Montenegro (Ombudsman)

Brief history

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.

Mandate Type

Combined tribunal-type and promotion-type

Litigation power:

• Formally deciding on complaints (e.g. decision or recommendation addressed to the parties) Not legally binding
• Initiate or interfere in court proceedings initiated in civil litigation with the consent of the discriminated person.

Activities

Our institution has a mandate to deal with:

• Violence against women
• UN Convention on the Rights of Persons with Disabilities (CRPD)
• Hate speech
• minority rights violation; women`s and children's rights; violation of the principle of gender equality; protection and prevention of persons deprived of liberty against torture and other forms of cruel, inhuman or degrading treatment or punishment.

Other statistics:

Management

• Single headed equality body (led by director or ombudsman/commissioner)

Management details

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.

Additional details

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.

Procedure for nomination and appointment of management and board

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.

Number of staff dealing with equality issues

Grounds and fields of discrimination covered by the equality body

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.

Mandate covers:

• Public sector
• Private sector

Operating budget in euros

Operating budget in euros for the parts of the organisation dealing with equality issues (all types of functions)

We are accountable to

• National Parliament