MONTENEGRO: National Laws

Summary: General overview of Montenegro's national legal provisions on children's rights, including guidance on how to conduct further research.

National laws on children's rights

Status of CRC in national law
Under the Article 9 of the Constitution, the CRC takes precedence over national law of Montenegro and can be directly enforced in the courts.

Constitution: The Constitution of Montenegro (No. 01/07, 25 Oct. 2007) includes a number of provisions that directly address the rights of children and the rights of parents in relation to children:

• Art. 69 guarantees the right to health protection for everyone; children, pregnant women, elderly persons and persons with disabilities have the right to health protection from public revenues.

• Art. 72 establishes that the 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.

• Pursuant to Art. 73, mothers and children shall enjoy special protection, and the State shall create policies that encourage childbirth.

• Under Art. 74, children shall enjoy rights and freedoms appropriate to their age and maturity, and shall be guaranteed special protection from psychological, physical, economic and any other form of exploitation or abuse.

• Art. 75 establishes the right to education and dictates that elementary education be obligatory and free of charge.

• Art. 79 of the Constitution says that persons belonging to minority nations and other minority national communities shall be guaranteed, inter alia, 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 to write and use their own name and surname also in their own language and alphabet in the official documents; and the right to information in their own language.

Legislation: Montenegro does not have a consolidated Children's Act, but rather legislation pertinent to the implementation of the CRC is found throughout state's national law. The legislation related to the subject matter of the CRC includes, but is by no means limited to:

• The Family Law ( No. 01/07, 9 Jan. 2007)

• The Law on Social and Child Protection (No. 78/05, 22 Dec. 2005)

• The Labour Law (No. 49/08, 15 Aug. 2008)

• The Law on Health Protection (No. 39/04, 9 Apr. 2004)

• The Law on Health Insurance (No. 39/04, 9 Apr. 2004, 23/05, 12 Apr. 2005, 29/05, 9 May 2005, No. 12/07, 14 Dec. 2007, 13/07, 18 Dec. 2007)

• The Law on Protection and Exercise of the Rights of the Mentally Ill (No. 32/05, 27 May 2005)

• The General Law on Education (No. 64/02, 28 Nov. 2002, 31/05, 18 May 2005, 49/07, 10 Aug. 2007, No. 04/08, 17 Jam. 2008)

• The Execution of Criminal Sanctions (No. 34/91, 48/91, 17/92, 56/92, 32/93, 27/94, 2/95, 20/95, 64/02)

• The Law on Primary Education (No. 64/02, 28 Nov. 2002, 49/07, 10 Aug. 2007)

• The Law on Secondary School (No. 28/91, No. 35/91, 56/92, 27/94–391, 27/94–395, 64/02)

• The Law on Special Education (No. 56/92)

• The Law on Education of Children with Disabilities (No. 80/04, 29 Dec. 2004)

• Criminal Procedure Code (No. 71/03, 29 Dec. 2003, 07/04, 11 Feb. 2004, 47/06, 25 July 2006)

• The Criminal Code (No. 70/03, 25 Dec. 2003, 13/04, 26 Feb. 2004, 47/06, 25 July 2006, No. 40/08, 27 June 2008)

• The Law on Execution of Criminal Sanctions (No. 25/94, 12 July 1994, 29/94, 26 Aug. 1994, 69/03, 25 Dec. 2003, 65/04 25 Oct. 004)

• The Law on Asylum (No. 45/06, 17 July 2006)

• The Law on Minority Rights and Freedoms (No. 31/06, 12 May 2006, 51/06, 4 Aug. 2006, 38/07, 22 June 2007)

• The Law on Army (No. 47/07, 7 Aug. 2007)

• The Law on Defence (No. 47/07, 7 Aug. 2007)

Legal Research
The power to legislate is vested in the Parliament of Montenegro, which maintains a website in Montenegrin and English (http://www.skupstina.me/index.php?language_id=2). The site offers an English translation of the Constitution of Montenegro and also a list of laws and regulations which could be searchable under specified criteria. The U.S. Library of Congress has also assembled a selection of useful legal and government websites for Montenegro (http://www.loc.gov/law/help/guide/nations/montenegro.php).

Case law
CRC Jurisprudence:
Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child.

Case Law Research:
The Constitutional Court of the Republic of Montenegro maintains its own website in Montenegrin and English and offers full versions of its decisions in Montenegrin with limited case summaries in English (http://www.ustavnisudcg.co.me/engleska/praksae.htm). The Supreme Court of Montenegro maintain a website in Montenegrin (http://www.vrhsudcg.gov.me/) as do the appellate courts (http://www.apelacionisudcg.gov.me/); regional courts (http://www.visisudpg.gov.me/ and http://www.visisudbp.gov.me/); and first instance courts.

Compliance with the CRC
In its 2010 Concluding Observations, the Committee on the Rights of the Child expressed appreciation for steps taken to bring legislation in line with the Convention, but remained “concerned that some aspects of domestic legislation, such as the Law on Child and Social protection are not consistent with the principles and provisions of the Convention.” The Committee also worried about “the poor implementation of the laws due, inter alia, to the scarcity of human, technical and financial resources.”

In depth analysis
Although legal action had been taken to outlaw discrimination, the Committee remarked on Montengro's continuing issues with discrimination against children belonging to minority groups, refugee children, and children with disabilities, in particular with regard to access to education, health care and housing. The Committee also had general concerns about the country's adherence to the best interests of the child principle and respect for the views of the child, especially in relation to the court system and government policies and programmes.

The prevalence of corporal punishment in the family, in schools, in institutions, and in the juvenile justice system also drew criticism from the Committee, as did the lack of support for disadvantaged families and persons caring for children with disabilities. Abuse and neglect overall also posed significant challenges for Montenegro, as did holes in the adoption regime and difficulties in integrating minority children into the educational system. Lastly, the Committee expressed serious concerns about the treatment of children in conflict with the law, who are often tried and detained in the same facilities as adults.

Current legal reform projects
Please contact CRIN if you are aware of any current legal reform projects.