Protector of Human Rights and Freedoms of Montenegro

Overview

• Protection of human rights and freedoms and acting upon complaints;
• Protection from discrimination;
• Promotion of anti-discrimination standards;
• Prevention of torture – NPM
• Raising awareness.

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, in addition to the area of protection of children’s rights and public administration  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.

Governing laws and regulations

Mandate

Sectors covered

Private, Public

Legal standing before the courts

Intervention in support of a party

Fields and grounds

Other mandates of the institution

Multi-mandate equality body

National human rights institution, Equality Body

Institution

Management and Appointments

Management

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

The Protector shall be appointed in accordance with the Constitution 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. The Deputy shall be appointed for a period of six years and may be re-appointed. The Protector, his/her Deputy, Chief Advisor to the Protector and Advisor to the Protector cannot be held responsible for the opinion or recommendation he/she provided in performing the function,

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.

Regional or Local offices

This institution does not have regional officies.

Accountability

National Parliament