Montenegro
Montenegro
| Right | Section | Contents |
|---|---|---|
| Freedom of Association | History | According to Article 212 of the 1905 Montenegro Constitution: "Citizens have the right to assemble in peace according
to the law." Article 213 of the 1905 Constitution augments this point: "Citizens have the right of assembly when it concerns objects which are not contrary to the laws." After Montenegro’s formal independence and separation from its union with Serbia in 2006, the country adopted a constitution the following year that included an article on freedom of association. The right is granted to all Montenegro citizens in Article 53 (Montenegro 2007). Montenegro’s earlier constitution, adopted after the breakup of Yugoslavia in 1992, includes a provision promoting freedom of association in Article 40 (“Constitution of the Republic of Montenegro” 1992) 1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index= “Constitution of the Republic of Montenegro” 1992: https://www.venice.coe.int/webforms/documents/?pdf=CDL(2005)096-e Montenegro. “Montenegro 2007” Constitute 2007: https://www.constituteproject.org/constitution/Montenegro_2007 |
| Freedom of Expression | History | The Principality of Montenegro’s 1905 Constitution states in Article 209 that “every Montenegrin citizen has the right, within the limits of the law, to manifest his ideas by speech, writing, the press, and engraving.” After the breakup of Yugoslavia, the 1992 Constitution of the now Republic of Montenegro in Article 34 specifies freedom of expression in terms of national identity, language, culture, affiliation, and opinion. Articles 67, 68, and 69 guarantee the right to express ethnic identity, language, and symbols. Further, Article 47 of the 2007 Constitution grants the “right to freedom of expression by speech, writing, picture or in some other manner. The right to freedom of expression may be limited only by the right of others to dignity, reputation and honor and if it threatens public morality or the security of Montenegro.”
References: Constitution of the Principality of Montenegro, 1905. H.F. Wright (1919). World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmb0013&i=1 Constitution of the Republic of Montenegro, 1992. World Constitutions Illustrated, HeinOnline:https://heinonline.org/HOL/Page?handle=hein.cow/zzmb0008&id=11&collection=cow&index= Constitution of the Republic of Montenegro, 2007. Venice Commission (consulted 2017), World Constitutions Illustrated, HeinOnline: https://heinonline.org/HOL/P?h=hein.cow/zzmb0017&i=1 |
| Freedom of Religion | History | According to Article 208 if the 1905 Constitution: "Liberty of conscience is unlimited. The recognized religious confessions are free and protected by the law in so far as the exercise of their cult does not offend public order and morals."
In the 1992 Constitution of the Republic of Montenegro, Articles 11, 34, 43, 67, 70, 74, and 76 grant extensive religious freedom, equality, and prohibit religious discrimination. Article 11 declares separation of church and state. In Montenegro’s Constitution of 2007, Article 46 specifically describes the freedom of religion, which is also alluded to in Article 14. 1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index= The Assembly of the Republic of Montenegro. “Constitution of the Republic of Montenegro.” Government of Montenegro. Ministry of Justice, January 30, 2004. Last modified January 30, 2004. Accessed June 21, 2022. https://www.gov.me/en/documents/d7f0c262-dfa2-448b-a2c3-1e5ba628f2bb. “Montenegro 2007.” Constitute. Accessed July 27, 2023. https://www.constituteproject.org/constitution/Montenegro_2007 |
| Freedom of the Press | History | According to Article 210 of the 1905 Montenegro Constitution: "The press is free. Censorship, warning and every preventive measure capable of preventing the issue, sale and publication of writings and of journals are forbidden except in the cases provided for by the law on the press."
As a former part of Yugoslavia, freedom of the press was protected in Montenegro under Article 36 of the Yugoslavian Constitution: “Freedom of the press and other forms of public information shall be guaranteed. Citizens shall have the right to express and publish their opinions in the mass media" (National Legislative Bodies, “Constitution of the Federal Republic of Yugoslavia”). Today, Article 49 of Montenegro’s 2007 Constitution protects press freedom: “Freedom of press and other forms of public information shall be guaranteed. The right to establish newspapers and other public information media, without approval, by registration with the competent authority, shall be guaranteed" (Constitute Project, “Montenegro’s Constitution of 2007 with Amendments through 2013” ). 1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index= |
| Privacy Rights | History | According to Article 211 of the 1905 Montenegro Constitution: "Epistolary and telegraphic privacy is inviolable except
in case of war or judicial inquiry." Article 20 of the 1992 constitution says, “physical and psychological integrity of man, his privacy and personal rights are inviolable” (Venice Commission, “Constitution of the Republic of Montenegro”). Today, Article 28 says “The inviolability of the physical and mental integrity of a man, and privacy and individual rights thereof shall be guaranteed” (Constitute Project, “Montenegro 2007 rev. 2013” ). https://www.venice.coe.int/webforms/documents/?pdf=CDL( 2005) 096-e https://www.constituteproject.org/constitution/Montenegro_ 2013? lang=en 1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 "Part 14: The Constitutional Rights of Montenegrin Citizens," Constitution of 6/19 December 1905. (1905): 426-427: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index= |
| Voting Rights and Suffrage | History | Under the 1905 Constitution, citizens of Montenegro elected deputies to the legislature. Article 46 describes these elections as direct. Article 48 offers the general rule for eligibility for the franchise: “Every Montenegrin citizen of age is elector by right, without regard to the sum which he pays as taxes.” Article 49 describes exceptions to that rule: “The following Montenegrin citizens lose temporarily their electoral rights: 1. Those who are sentenced to prison, until they have recovered their civil rights. 2. Those who are, as a consequence of some transgression, condemned to the loss of civil honors, this during the continuance of the penalty. 3. Bankrupts. 4. Those who are under guardianship. 5. Those who have entered the service of a foreign State without the authorization of the Montenegrin government.” Article 50 excludes members of the army from eligilility to serve as electors.
The Constitution of Montenegro states that citizens (age 18 or older) are entitled to vote in national elections for members of Parliament and for the President. (Constitute Project, “Montenegro’s Constitution of 2007 with Amendments through 2013” ). 1905 Montenegro Constitution: English translation from the French text of the original Constitution of 1905 " "Part 2: The National Representation," Constitution of 6/19 December 1905. (1905): 412-414: https://heinonline-org.mutex.gmu.edu/HOL/Page?handle=hein.cow/zzmb0013&id=20&collection=cow&index= |