OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and
Freedoms of Montenegro
TABLE OF CONTENTS
1.

INTRODUCTION

2.

SCOPE OF REVIEW

3.

EXECUTIVE SUMMARY

4.

ANALYSIS AND RECOMMENDATIONS
4.1.
4.2.

4.3.
4.4.
4.5.

Relevant International Standards
General Comments on the draft Law
4.2.1 The Human Rights Protector and Deputies
4.2.1.1. The Election of the Human Rights Protector
4.2.1.2. The Deputies of the Human Rights Protector
4.2.1.3. Immunity
4.2.1.4. Termination of Office
4.2.2 Procedural Issues
4.2.2.1. Jurisdiction
4.2.2.2. Confidentiality
4.2.2.3. Complaints Procedures
4.2.3. Other Issues
The Human Rights Protector as an Anti-Discrimination Body
The Human Rights Protector as a National Preventive Mechanism
under the OPCAT
Transitional Provisions

Annex 1: Draft Law on the Protector of Human Rights and Freedoms of
Montenegro
Annex 2: Law on the Prohibition of Discrimination (Excerpt)1

1

The Excerpt of the Law on the Prohibition of Discrimination was based on a draft of the Law, as the
final version of the Law was not available in English when these Comments were issued. Discrepancies
in the numbering and contents of the Excerpt may result.

2

Select target paragraph3