Prohibition of all corporal punishment in Montenegro (2016)
Montenegro expressed its commitment to prohibition in 2013 during the Universal Periodic Review, by accepting recommendations to prohibit its use in all settings and stating: “Montenegro will embark on legal amendments to explicitly prohibit corporal punishment of children in all settings; a media campaign will be launched on the consequences of corporal punishment of children.” The National Plan of Action for Children 2013-2017 confirmed this, mentioning that there were “plans for legislative amendments in order to explicitly define the prohibition of all forms of corporal punishment of children within the family, alternative forms of protection, schools, and institutions of children’s and social welfare”. In March 2014, the Human Rights Council heard that the Government was preparing “legal amendments to explicitly prohibit corporal punishment of children in all settings”.
Substantial amendments to the Family Law 2007 were passed by the Parliament in July 2016. Article 9a was inserted to state:
(1) Child [sic] shall not be subjected to corporal punishment or any other cruel, inhuman or degrading treatment.
(2) The prohibition referred to in para 1 above shall pertain to parents, guardians and all other persons taking care of or coming into contact with the child.
(3) The persons referred to in para 2 above are obliged to protect the child from any treatment referred to in para 1 above.”
The amended Family Law entered into force in August 2016.
Prior to reform, corporal punishment was unlawful in the penal system and in schools but it was not clearly prohibited in alternative and day care settings and in the home.