HRA welcomes the decision of the Constitutional Court of Montenegro to declare unconstitutional the provision of the Decision of the Capital City on forms of social and child protection, which required Montenegrin citizenship as a condition for exercising the right to social and child protection (e.g. access to public kitchen). This Decision will cease to have effect on the day of publication of the decision of the Constitutional Court in the Official Gazette of Montenegro.

Bearing in mind the position of the Constitutional Court, HRA invites other local self-governments, which prescribed possession of Montenegrin citizenship as a condition for social protection, to abolish this requirement and adopt new bylaws which will provide equal access to social and child protection at local level as well.

HRA invites the Capital City to allocate additional resources and ensure that the public kitchen immediately starts with preparation of a sufficient number of meals, which would enable that all citizens in need of social protection, without discrimination, get a warm meal.

HRA reminds that the Constitutional Court decided on this matter upon proposal of the Ombudsman, who supported the HRA initiative to institute proceedings for review of constitutionality and legality filed back in August 2011.

HRA waited for almost four years for this decision to protect the right to protection from hunger of foreigners in Podgorica, by enabling them to use the services of soup kitchen. HRA tried to convince in July 2011 the former Mayor of Podgorica, Mr Miomir Mugoša, with the position of the UN Committee on Economic, Social and Cultural Rights that the decision of the Capital is discriminatory – contrary to international human rights standards, but he never replied to this letter.

HRA is pleased that the Constitutional Court has recognized the principle according to which, “A distinction between persons who have Montenegrin citizenship and all other persons who do not have Montenegrin citizenship, but do reside on the territory of the Capital City and are in need, is not objectively and reasonably justified in terms of opportunities to use these rights. “

Pursuant to the decision of the Constitutional Court, all persons in need of social protection which are residing in Podgorica, which do not use any of the established forms of protection provided under the Law on Social and Child Protection, have the right to: help and care at home (for elderly and sick people without other assistance at home, or a younger person if single or a person with disabilities), one-time support (financial assistance or help with food, clothing, fuel and hygiene items) and a free daily meal in public (national) kitchen, which is located at Konik.

Also, foreigners are entitled to some other forms of child protection such as: gift package for new-borns (this applies to all parents, provided that one of the parents has a permanent residence in Podgorica), financial assistance for purchasing textbooks and school supplies (for families with low financial capabilities) and free recreation (also for children from families with difficult financial situation).

HRA hopes that other municipalities that have prescribed the same conditions for enjoying social and child protection will accept the decision of the Constitutional Court and urgently provide enjoyment of social and child protection at local level without citizenship-based discrimination.

Tea Gorjanc-Prelević, HRA executive director: “The Constitutional Court has corrected the disgraceful decision of the Capital City that only Montenegrin citizens and nationals deserve protection from hunger and reminded that this is a human right of all people. Although on one hand the state can reserve some rights such as the right to vote and be elected or the right to work only for its nationals, human rights on the other hand, as their name suggests, as a rule belong to everyone, regardless of any personal property, including citizenship. We are happy we contributed to correcting this injustice; HRA would also like to thank the Ombudsman, Mr. Šućko Baković, for making our initiative a proposal under which the Constitutional Court had an obligation to act. We hope that in future, thanks to the 18 months deadline, preserved after all to order performance of the Constitutional Court, one would not have to wait for years for protection of fundamental rights”.

HRA team