The Universal Protection of Human Rights and Eastern Europe: Montenegro

Etinski, Rodoljub (2025) The Universal Protection of Human Rights and Eastern Europe: Montenegro. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 6 (2). pp. 91-126. ISSN 2732-0707

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Abstract

Two interrelated factors determine Montenegro’s relationship with the universal protection of human rights. First, regaining independence in 2006 with the intent to build a State based on democracy, the rule of law, and human rights. Second, the decision in 2008 to apply for membership in the EU. These two factors synergistically strengthen Montenegro’s interest in the universal protection of human rights. Upon reestablishing its independence, Montenegro did not start from a clean slate but also did not inherit a solid foundation regarding human rights. Despite the fact that its predecessor State, Yugoslavia had entered into most UN human rights treaties, the development of human rights was heavily influenced by four decades of socialist self-management. Montenegro succeeded these treaties and acceded new UN treaties in which the predecessor State was not a party. This historical situation required that Montenegro incorporate new treaties into its national law and align it with the development of old UN treaties. Indeed, Montenegro adopted new legislation and inserted several provisions into the Constitution and various laws to give effect to the CRPD in its internal legal system. It also added many new provisions to the Constitution and laws or amended existing ones to align its internal law with the development of older treaties. The process of reforming its internal law to secure the effects of UN human rights treaties in its internal legal system has been ongoing through dialogue with UN Member States via the Human Rights Council and with experts of monitoring human rights bodies. Montenegro submitted its national reports, responded to raised questions, carefully considered all recommendations, and accepted and implemented most of them. It has served two terms as a Member of the Human Rights Council, actively participating in and contributing to its work. Montenegro’s activities regarding the universal protection of human rights are integral to the broader reforms leading to its EU membership. The EU Commission has carefully considered and positively evaluated these activities.

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