Submitted by Denitsa on
This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
Montenegro has ratified the CRC and all its Optional Protocols. The Convention has the force of law, is directly applicable and superior to conflicting provisions of national law, however, no examples of cases in which the CRC is relied on could be identified. Children have access to the courts, but only through a legal representative. Legal aid and exemption from payment of court costs may be available depending on the child’s financial situation. In addition, complaints alleging violations of children’s rights can be made to the Ombudsman (Protector of Human Rights and Freedoms) or supranational mechanisms - the European Court of Human Rights or the UN Committee on the Rights of the Child.
