Montenegro is a Member State of the Council of Europe (COE) and of the United Nations (UN), and has human rights obligations at the regional and universal levels.
Regional: European System
As a Member of the COE, Montenegro has ratified the European Convention on Human Rights and is subject to the jurisdiction of the European Court of Human Rights. Montenegro has ratified the Revised European Social Charter, but has not authorized the European Committee of Social Rights to decide collective complaints against it]. Its human rights policies and practices are also monitored by the COE Commissioner for Human Rights, who identifies gaps in human rights protection, conducts country visits, engages in dialogue with States, and prepares thematic reports and advice.
Individuals and groups have submitted complaints of human rights violations committed by Montenegro to the European Court of Human Rights. For example, Milić and Nikezić v. Montenegro, the Court held that the State violated the right to effective remedy by failing to adequately investigate and punish those responsible in the case of two prisoners who were beaten by prison guards. See ECtHR, Milić and Nikezić v. Montenegro, no. 54999/10 and 10609/11, ECHR 2015, Judgment of 28 April 2015, paras. 4-5, 8-9. Additionally, the Court may grant interim measures to protect people in urgent situations of risk in Montenegro.
As a State party to the Revised European Social Charter, Montenegro must submit yearly reports to the European Committee of Social Rights on its implementation of the Charter’s provisions.
Montenegro is a party to the following regional human rights treaties:
- European Convention on Human Rights and several of its protocols
- Revised European Social Charter
- COE Convention on Preventing and Combating Violence against Women and Domestic Violence
- COE Convention on Action against Trafficking in Human Beings
- European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
- Framework Convention for the Protection of National Minorities
United Nations System
As a party to specific universal human rights treaties, Montenegro’s policies and practices are monitored by UN treaty bodies. It has accepted the complaints procedure of seven treaty bodies.
Montenegro has ratified the following UN human rights treaties:
- International Covenant on Civil and Political Rights (ICCPR)
- International Covenant on Economic, Social and Cultural Rights (ICESCR)
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
- Convention for the Protection of All Persons from Enforced Disappearance (CED)
- Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
- Convention on the Rights of Persons with Disabilities (CRPD)
- Convention on the Rights of the Child (CRC)
- International Convention on the Elimination of All Forms of Racial Discrimination (CERD)
Montenegro has also ratified the Second Optional Protocol to the ICCPR aimed at abolishing the death penalty, and optional protocols to the CRC addressing children in armed conflict and the sale of children, child prostitution, and child pornography. Montenegro has a duty to submit State reports to the UN treaty body associated with each UN human rights treaty Montenegro has ratified. These reports must be submitted on a periodic basis and describe the steps taken to implement the treaty provisions.
Montenegro has also ratified optional protocols and made appropriate declarations allowing individuals to submit complaints against the State alleging violations of the ICCPR, CEDAW, CED, CAT, CRPD, CERD, and CRC. Additionally, certain UN treaties contain inquiry procedures, which allow the UN treaty body to consider allegations of grave or systematic human rights violations. Montenegro has accepted the inquiry procedures of the CAT, CED, CEDAW, CRC, and CRPD.
On October 11, 2005, Montenegro extended a standing invitation to UN special procedures, which means that any such mandate holders are welcome to conduct visits in Montenegro. For example, the Special Rapporteur on freedom of opinion and expression went on a mission to Montenegro in June 2013, and published a visit report in April 2014.
For more information on Montenegro’s engagement with UN human rights bodies, visit http://www.ohchr.org/EN/countries/ENACARegion/Pages/MEIndex.aspx.
Last updated: February 2020