OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and
Freedoms of Montenegro
II ELECTION, TERMINATION OF OFFICE AND DISMISSAL
Election
Article 7
The Protector shall be proposed and elected in accordance with
the Constitution.
Deputy Protector
Article 8
The Protector shall have at least four Deputy Protectors
(hereinafter referred to as: the Deputy).
The decision on the number of Deputies shall be delivered by the Parliament
of Montenegro (hereinafter referred to as: the Parliament), on the proposal of the
Protector.
The Deputy performs duties within the competence of the Protector in accordance with the
internal arrangement of duties that provides specialization especially for the protection of the rights of
persons deprived of their liberty, protection of the rights of minorities and other minority ethnic
communities, protection of child rights, protection of the rights of persons with disabilities, equality of
men and women and the protection from discrimination.
Election of Deputies
Article 9
The Deputies shall be appointed by the Parliament on the proposal of the
Protector, by the majority vote out of the total number of the Members of Parliament.
When proposing candidates for the Deputy, the Protector shall have the duty to take care of
proportional representation of the members of minorities and other minority ethnic communities and
balanced representation of men and women.
Term of office of Deputies
Article 10
The Deputy shall be elected for a period of six years and may be re-elected
after the expiration of the term of office.
Eligibility
Article 11
As the Protector may be elected a person who is a citizen of Montenegro, with
university degree in social science and at least 15 years of experience, with high moral and professional
authority and notable experience in the field of human rights and freedoms .
As the Deputy Protector may be elected a person who is a citizen of Montenegro, with
university degree in social science and at least 10 years of experience, with high moral and professional
authority and notable experience in the field of human rights and freedoms .
Immunity
Article 12
The Protector and the Deputy cannot be held responsible for the opinion or
recommendation made by the exercise of their office.
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