OSCE ODIHR Comments on the draft Law on the Protector of Human Rights and Freedoms of Montenegro I GENERAL PROVISIONS The Protector of Human Rights and Freedoms Article 1 The Protector of Human Rights and Freedoms of Montenegro (hereinafter referred to as: the Protector) shall take measures to protect human rights and freedoms guaranteed by the Constitution, laws, ratified international human rights treaties and generally accepted rules of international law when these are violated by the act, action or failure to act of the state authorities, the state government authorities, the authorities of local self-government and local government, public services and other holders of public power (hereinafter referred to as: authorities), as well as measures to prevent torture and other forms of inhuman or degrading treatment and punishment and measures for protection from discrimination. Protector also deals with general issues of importance to the protection and promotion of human rights and cooperates with organizations and institutions dealing with human rights and freedoms. The Protector has no powers concerning the work of courts, except in cases defined by this Law. Accessibility Article 2 The Protector can be addressed by anyone who believes that his rights and freedoms have been violated by the act, action or failure to act of the authority. The Protector shall also act on his own initiative. The procedures before the Protector shall be free of charge. Transparency Article 3 The work of the Protector is public, unless this Law provides otherwise. Transparency of the work of the Protector is ensured through submission and publication of annual and special reports and in any other manner determined by the Protector. Seat Article 4 The seat of the Protector shall be in Podgorica. The Protector may organise the Days of the Protector outside the seat. Resources and conditions for the work Article 5 The resources and conditions for the work of the Protector shall be provided by the state in the amount and extent necessary for the effective and efficient exercise of his functions. The use of gender-sensitive language Article 6 Terms used in this law for individuals in masculine include the same terms in feminine. 27