PART 2. HUMAN RIGHTS AND LIBERTIES
1. COMMON PROVISIONS
Article 17. Grounds and equality
Rights and liberties shall be exercised on the basis of the Constitution and the confirmed international agreements.
All shall be deemed equal before the law, regardless of any particularity or personal feature.
Article 18. Gender equality
The state shall guarantee the equality of women and men and shall develop the policy of equal opportunities.
Article 19. Protection
Everyone shall have the right to equal protection of the rights and liberties thereof.
Article 20. Legal remedy
Everyone shall have the right to legal remedy against the decision ruling on the right or legally based interest thereof.
Article 21. Legal aid
Everyone shall have the right to legal aid.
Legal aid shall be provided by the bar, as an independent and autonomous profession, and by other services.
Legal aid may be provided free of charge, in accordance with the law.
Article 22. Right to local self-government
The right to local self-government shall be guaranteed.
Article 23. Environment
Everyone shall have the right to a sound environment.
Everyone shall have the right to receive timely and full information about the status of the environment, to influence the decision-making regarding the issues of importance for the environment, and to legal protection of these rights.
Everyone, the state in particular, shall be bound to preserve and improve the environment
Article 24. Limitation of human rights and liberties
Guaranteed human rights and freedoms may be limited only by the law, within the scope permitted by the Constitution and to such an extent which is necessary to meet the purpose for which the limitation is allowed, in an open and democratic society.
Limitations shall not be introduced for other purposes except for those for which they have been provided for.
Article 25. Temporary limitation of rights and liberties
During the proclaimed state of war or emergency, the exercise of certain human rights and freedoms may be limited, to the necessary extent.
The limitations shall not be introduced on the grounds of sex, nationality, race, religion, language, ethnic or social origin, political or other beliefs, financial standing or any other personal feature.
There shall be no limitations imposed on the rights to: life, legal remedy and legal aid; dignity and respect of a person; fair and public trail and the principle of legality; presumption of innocence; defense; compensation of damage for illegal or ungrounded deprivation of liberty and ungrounded conviction; freedom of thought, conscience and religion; entry into marriage.
There shall be no abolishment of the prohibition of: inflicting or encouraging hatred or intolerance; discrimination; trial and conviction twice for one and the same criminal offence (ne bis in idem); forced assimilation.
Measures of limitation may be in effect at the most for the duration of the state of war or emergency.
2. PERSONAL RIGHTS AND LIBERTIES
Article 26. Prohibition of death penalty
The death penalty shall be prohibited in Montenegro.
Article 27. Bio-medicine
The right of a person and dignity of a human being with regard to the application of biology and medicine shall be guaranteed.
Any intervention aimed at creating a human being that is genetically identical to another human being, living or dead shall be prohibited.
It is prohibited to perform medical and other experiments on human beings, without their permission.
Article 28. Dignity and inviolability of persona
The dignity and security of a man shall be guaranteed.
The inviolability of the physical and mental integrity of a man, and privacy and individual rights thereof shall be guaranteed.
No one can be subjected to torture or inhuman or degrading treatment.
No one can be kept in slavery or servile position.
Article 29. Deprivation of liberty
Everyone shall have the right to personal liberty.
Deprivation of liberty is allowed only for reasons and in the procedure provided for by law.
Person deprived of liberty shall be notified immediately of the reasons for the arrest thereof, in own language or in the language he/she understands.
Concurrently, person deprived of liberty shall be informed that he/she is not obliged to give any statement.
At the request of the person deprived of his/her liberty, the authority shall immediately inform about the deprivation of liberty the person of own choosing of the person deprived of his/her liberty.
The person deprived of his/her liberty shall have the right to the defense counsel of his/her own choosing present at his interrogation.
Unlawful deprivation of liberty shall be punishable.
Article 30. Detention
Person suspected with reasonable doubt to have committed a crime may, on the basis of the decision of the competent court, be detained and kept in confinement only if this is necessary for the pre-trial procedure.
Detainee shall be given the explained decision of detention at the time of being placed in detention or at the latest 24 hours from being put in detention.
Detainee shall have the right of appeal against the decision of detention, upon which the court shall decide within 48 hours.
The duration of detention shall be reduced to the shortest possible period of time.
Detention by the decision of first-instance court may last up to three months from the day of detention, and by the decision of a higher court, the detention may be extended for additional three months.
If no indictment is raised by that time, the detainee shall be released.
Detention of minors may not exceed 60 days.
Article 31. Respect for person
The respect of human personality and dignity in the criminal or other procedure, in case of deprivation or limitation of liberty and during the execution of imprisonment sentence shall be guaranteed.
Any form of violence, inhuman or degrading behavior against a person deprived of liberty or whose liberty has been limited, and any extortion of confession and statement shall be prohibited and punishable.
Article 32. Fair and public trial
Everyone shall have the right to fair and public trial within reasonable time before an independent and impartial court established by the law.
Article 33. Principle of legality
No one may be punished for an act which, prior to being committed, was not stipulated by law or a regulation based on the law as a punishable act, or pronounced a punishment that was not stipulated for such act.
Criminal acts and criminal sanctions may be prescribed solely by a law.
Article 34. More lenient regulation
Criminal and other punishable acts shall be established and relevant penalties imposed in accordance with the law or regulation valid at the time when the act is committed, unless the new law or regulation is more lenient for the perpetrator.
Article 35. Presumption of innocence
Every one shall be deemed innocent until the guilt thereof has been established by an enforceable court decision.
The accused shall not be obliged to prove the innocence thereof.
The court shall interpret the doubt regarding the guilt to the benefit of the accused.
Article 36. Ne bis in idem
No one may be trialed or convicted twice for one and the same punishable act.
Article 37. Right to defense
Every one shall be guaranteed the right to defense, and especially: to be informed in the language he/she understands about the charges against thereof; to have sufficient time to prepare defense and to be defended personally or through a defense attorney of his/her own choosing.
Article 38. Compensation of damage for illegal action
Person deprived of liberty in an illegal or ungrounded manner or convicted without grounds shall have the right to the compensation of damage from the state.
Article 39. Movement and residence
The right to freedom of movement and residence shall be guaranteed, as well as the right to leave Montenegro.
Freedom of movement, residence and leaving Montenegro may be restricted if required so for conducting the criminal procedure, prevention of contagious diseases spreading or for the security of Montenegro.
Movement and residence of foreigner citizens shall be regulated by the law.
Article 40. Right to privacy
Everybody shall have the right to respect for his/her private and family life.
Article 41. Inviolability of home
Home shall be inviolable.
No one shall enter the dwelling place or other premises against the will of the possessor thereof and search them without a court warrant.
The search of premises shall be conducted in the presence of two witnesses.
A person in official capacity may enter other people’s dwelling place or other premises without the court warrant and conduct the search without the presence of witnesses if so necessary for the prevention of execution of a criminal offence, immediate apprehension of a perpetrator or to save people and property.
Article 42. Confidentiality of correspondence
Confidentiality of letters, telephone conversations and other means of communication shall be inviolable.
The principle of inviolability of confidentiality of letters, telephone calls and other means of communication shall be deviated from only on the basis of a court decision, if so required for the purposes of conducting criminal proceedings or for the security of Montenegro.
Article 43. Personal data
The protection of personal data shall be guaranteed.
It is prohibited to use personal data for purposes other than those for which they were collected.
Everyone shall have the right to be informed about the personal data collected about him or her and the right to court protection in case of abuse.
Article 44. Right to asylum
A foreign national reasonably fearing from persecution on the grounds of his/her race, language, religion or association with a nation or a group or due to own political beliefs may request asylum in Montenegro.
A foreign national shall not be expelled from Montenegro to where due to his race, religion, language or association with a nation he/she is threatened with death sentence, torture, inhuman degradation, persecution or serious violation of rights guaranteed by this Constitution.
A foreign national may be expelled from Montenegro solely on the basis of a court decision and in a procedure provided for by the law.
3. POLITICAL RIGHTS AND LIBERTIES
Article 45. Electoral right
The right to elect and stand for elections shall be granted to every citizen of Montenegro of 18 years of age and above with at least a two-year residence in Montenegro.
The electoral right shall be exercised in elections.
The electoral right shall be general and equal.
Elections shall be free and direct, by secret ballot.
Article 46. Freedom of thought, conscience and religion
Everyone shall be guaranteed the right to freedom of thought, conscience and religion, as well as the right to change the religion or belief and the freedom to, individually or collectively with others, publicly or privately, express the religion or belief by prayer, preaches, customs or rites.
No one shall be obliged to declare own religious and other beliefs.
Freedom to express religious beliefs may be restricted only if so required in order to protect life and health of the people, public peace and order, as well as other rights guaranteed by the Constitution.
Article 47. Freedom of expression
Everyone shall have the right to freedom of expression by speech, writing, picture or in some other manner.
The right to freedom of expression may be limited only by the right of others to dignity, reputation and honor and if it threatens public morality or the security of Montenegro.
Article 48. Objection of conscience
Everyone shall have the right to objection of conscience.
No one shall be obliged, contrary to own religion or conviction, to fulfill a military or other duty involving the use of arms.
Article 49. Freedom of press
Freedom of press and other forms of public information shall be guaranteed.
The right to establish newspapers and other public information media, without approval, by registration with the competent authority, shall be guaranteed.
The right to a response and the right to a correction of any untrue, incomplete or incorrectly conveyed information that violates a person’s right or interest and the right to compensation of damage caused by the publication of untruthful data or information shall be guaranteed.
Article 50. Prohibition of censorship
There shall be no censorship in Montenegro.
The competent court may prevent dissemination of information and ideas via the public media if required so to: prevent invitation to forcible destruction of the order defined by the Constitution; preservation of territorial integrity of Montenegro; prevention of propagating war or incitement to violence or performance of criminal offences; prevention of propagating racial, national and religious hatred or discrimination.
Article 51. Access to information
Everyone shall have the right to access information held by the state authorities and organizations exercising public authority.
The right to access to information may be limited if this is in the interest of: the protection of life; public health; morality and privacy; carrying of criminal proceedings; security and defense of Montenegro; foreign, monetary and economic policy.
Article 52. Freedom of assembly
The freedom of peaceful assembly, without approval, with prior notification of the competent authority shall be guaranteed.
The freedom of assembly may be temporarily restricted by the decision of the competent authority in order to prevent disorder or execution of a criminal offence, threat to health, morality or security of people and property, in accordance with the law.
Article 53. Freedom of association
The freedom of political, trade union and other association and action, without approval, by the registration with the competent authority, shall be guaranteed.
No one shall be forced to become a member of an association.
The state supports political and other associations, when there is a public interest to do so.
Article 54. Prohibition of organizing
Political organizing in public bodies shall be prohibited.
A judge of the Constitutional Court, a judge, a state prosecutor and his deputy, an Ombudsman, a member of the Council of the Central Bank, a member of the Senate of the State Audit Institution, a professional member of the Army, Police and other security services shall not be a member of any political organization.
Political organizing and actions of foreign nationals and political organizations with the seat outside of Montenegro shall be prohibited.
Article 55. Prohibition of operation and establishment
The operation of political and other organizations directed towards forceful destruction of the constitutional order, infringement of the territorial integrity of Montenegro, violation of guaranteed freedoms and rights or instigating national, racial, and religious and other hatred and intolerance shall be prohibited.
The establishment of secret subversive organizations and irregular armies shall be prohibited.
Article 56. Right to address international organisation
Everyone shall have the right of recourse to international institutions for the protection of own rights and freedoms guaranteed by the Constitution.
Article 57. Right of recourse
Everyone shall have the right of recourse, individually or collectively with others, to the state authority or the organisation exercising public powers and receive a response.
No one shall be held responsible, or suffer other harmful consequences due to the views expressed in the recourse, unless having committed a crime in doing so.
4. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND LIBERTIES
Article 58. Property
Property rights shall be guaranteed.
No one shall be deprived of or restricted in property rights, unless when so required by the public interest, with rightful compensation.
Natural wealth and goods in general use shall be owned by the state.
Article 59. Entrepreneurship
Freedom of entrepreneurship shall be guaranteed.
Freedom of entrepreneurship may be limited only if so necessary in order to protect the health of the people, environment, natural resources, cultural heritage or security and defense of Montenegro.
Article 60. Right to succession
The right to succession shall be guaranteed.
Article 61. Rights of foreign nationals
A foreign national may be the holder of property rights in accordance with the law.
Article 62. Right to work
Everyone shall have the right to work, to free choice of occupation and employment, to fair and human working conditions and to protection during unemployment.
Article 63. Prohibition of forced labor
Forced labor shall be prohibited.
The following shall not be considered forced labor: labor customary during the serving of sentence, deprivation of liberty; performance of duties of military nature or duties required instead of military service; work demanded in case of crisis or accident that threatens human lives or property.
Article 64. Rights of the employed
The employed shall have the right to adequate salary.
The employed shall have the right to limited working hours and paid vacation.
The employed shall have the right to protection at work.
Youth, women and the disabled shall enjoy special protection at work.
Article 65. Social council
Social position of the employed shall be adjusted in the Social council.
Social council shall consist of the representatives of the trade union, the employers and the Government.
Article 66. Strike
The employed shall have the right to strike.
The right to strike may be limited to the employed in the Army, police, state bodies and public service with the aim to protect public interest, in accordance with the law.
Article 67. Social insurance
Social insurance of the employed shall be mandatory.
The state shall provide material security to the person that is unable to work and has no funds for life.
Article 68. Protection of the persons with disability
Special protection of the persons with disability shall be guaranteed.
Article 69. Health protection
Everyone shall have the right to health protection.
A child, a pregnant woman, an elderly person and a person with disability shall have the right to health protection from public revenues, if they do not exercise this right on some other grounds.
Article 70. Consumer protection
The state shall protect the consumer.
Actions that harm the health, security and privacy of consumers shall be prohibited.
Article 71. Marriage
Marriage may be entered into only on the basis of a free consent of a woman and a man.
Marriage shall be based on equality of spouses.
Article 72. Family
Family shall enjoy special protection.
Parents shall be obliged to take care of their children, to bring them up and educate them.
Children shall take care of their own parents in need of assistance.
Children born out of wedlock shall have the same rights and responsibilities as children born in marriage.
Article 73. Protection of mother and child
Mother and child shall enjoy special protection.
The state shall create the conditions that encourage childbirth.
Article 74. Rights of a child
A child shall enjoy rights and freedoms appropriate to his age and maturity.
A child shall be guaranteed special protection from psychological, physical, economic and any other exploitation or abuse.
Article 75. Education
The right to education under same conditions shall be guaranteed.
Elementary education shall be obligatory and free of charge.
The autonomy of universities, higher education and scientific institutions shall be guaranteed.
Article 76. Freedom of creation
The freedom of scientific, cultural and artistic creation shall be guaranteed.
The freedom to publish works of science and arts, scientific discoveries and technical inventions shall be guaranteed, and their authors shall be guaranteed the moral and property rights.
Article 77. Science, culture and arts
The state shall encourage and support the development of education, science, culture, arts, sport, physical and technical culture.
The state shall protect the scientific, cultural, artistic and historic values.
Article 78. Protection of natural and cultural heritage
Everyone shall be obliged to preserve natural and cultural heritage of general interest.
The state shall protect the national and cultural heritage.
5. SPECIAL – MINORITY RIGHTS
Article 79. Protection of identity
Persons belonging to minority nations and other minority national communities shall be guaranteed the rights and liberties, which they can exercise individually or collectively with others, as follows:
- the right to exercise, protect, develop and publicly express national, ethnic, cultural and religious particularities;
- the right to choose, use and publicly post national symbols and to celebrate national holidays;
- the right to use their own language and alphabet in private, public and official use;
- the right to education in their own language and alphabet in public institutions and the right to have included in the curricula the history and culture of the persons belonging to minority nations and other minority national communities;
- the right, in the areas with significant share in the total population, to have the local self-government authorities, state and court authorities carry out the proceedings in the language of minority nations and other minority national communities;
- the right to establish educational, cultural and religious associations, with the material support of the state;
- the right to write and use their own name and surname also in their own language and alphabet in the official documents;
- the right, in the areas with significant share in total population, to have traditional local terms, names of streets and settlements, as well as topographic signs written in the language of minority nations and other minority national communities;
- the right to authentic representation in the Parliament of the Republic of Montenegro and in the assemblies of the local self-government units in which they represent a significant share in the population, according to the principle of affirmative action;
- the right to proportionate representation in public services, state authorities and local self-government bodies;
- the right to information in their own language;
- the right to establish and maintain contacts with the citizens and associations outside of Montenegro, with whom they have common national and ethnic background, cultural and historic heritage, as well as religious beliefs;
- the right to establish councils for the protection and improvement of special rights.
Article 80. Prohibition of assimilation
Forceful assimilation of the persons belonging to minority nations and other minority national communities shall be prohibited.
The state shall protect the persons belonging to minority nations and other minority national communities from all forms of forceful assimilation.
6. PROTECTOR OF HUMAN RIGHTS AND LIBERTIES
Article 81
The protector of human rights and liberties of Montenegro shall be independent and autonomous authority that takes measures to protect human rights and liberties.
The protector of human rights and liberties shall exercise duties on the basis of the Constitution, the law and the confirmed international agreements, observing also the principles of justice and fairness.
The protector of human rights and liberties shall be appointed for the period of six years and can be dismissed in cases envisaged by the law.
