Human rights cannot wait for the solution of all other problems in society, because they are a priority and therefore must not be kept aside, it was assessed at the meeting of Ombudsman Siniša Bjeković with Council of Europe Commissioner for Human Rights, Dunja Mijatović.
As announced by the institution of the Protector of Human Rights and Freedoms, during the official visit to Montenegro, Mijatović talked with Bjeković about current topics, with a focus on social cohesion, minority rights, hate speech, freedom of expression and media freedom.
Mijatović and Bjeković agreed that it is important to obtain "A" status in the process of re-accreditation of the Protector before the Global Alliance of National Institutions for Human Rights of the United Nations (UN), which requires an amendment to the Law on the Protector in order to improve the institution's independence.
Mijatović said that she supports the need to form a working group that will work on the preparation of changes to the Law as soon as possible, which would strengthen financial and institutional independence, including procedures for hiring staff in accordance with the Paris Principles and other international standards.
"Obtaining A status is important for the state, not only for the institution of the Protector", said Mijatović, stating that it is necessary to keep the topic of human rights high on the socio-political agenda.
Speaking about the fulfillment of recommendations, Bjeković said that recently there has been a trend of passivity of certain public administration bodies, delays in responses and non-compliance with deadlines.
As he said, this sends a kind of message of marginalization of human rights, because by dealing with "bigger" and "more important" topics and accumulated economic, social and political problems, the realization of human rights cannot be put on the back burner.
"They cannot wait for other problems to be solved, because they are a priority in themselves, and citizens are vitally interested in realizing them," said Bjeković.
He emphasized that there is a pervasive trend of offensive speech in public discourse, which most often turns into hate speech in the online sphere, which is especially pronounced towards minority groups and women in public life.
At the meeting, when it comes to political discourse, it was judged that harsh, sometimes offensive, or speech that shocks the public is a characteristic of political speech, and politicians are the ones who have to suffer more.
It was pointed out that interference in political discussions can be acceptable only in exceptional circumstances.
"In contrast, ordinary citizens must be protected from offensive, misogynistic and hateful speech that is published in public," the statement said.
It is stated that all women, including those in political and public discourse, must be protected from such phenomena, especially when it occurs outside of a public interest debate and when such behavior is only intended to offend women.
"Finally, in a polarized society, politicians must understand the importance of the messages they send and have increased responsibility for their influence in society," the announcement added.
It is emphasized that a special emphasis at the meeting was placed on the area of domestic violence and violence against women.
At the meeting, it was concluded that it should be reserved, until the effects of recent changes in the criminal legislation are seen, that is, what consequences they will produce for the victims of violence, that is, whether it will effectively influence the suppression of this phenomenon.
Mijatović and Bjeković assessed that it is necessary to further strengthen the environment for the realization of freedom of expression and the work of independent media and self-regulation in this area, as well as the implementation of activities that will regulate responsibility for illegal content, especially in the Internet sphere.
"At the same time, media freedom and freedom of expression must also be taken into account, avoiding various types of pressure on journalists and public speakers, especially from the sphere of public authority," the statement says.
It is stated that, in cases where measures of restriction of freedom of expression are applied, and especially when applying the strictest measures such as criminal or misdemeanor liability, applicable international standards must be taken into account.
Speaking about the position of the Roma in Montenegro, Bjeković reminded that last year's report of the institution, which is also reflected in the current situation, showed that the members of that people still live in poor material conditions, while a number of them still do not have their civil-legal status resolved in Montenegro.
According to Bjeković, this has a direct impact on their social security and equal chances to exercise other rights.
"Also, the extremely difficult financial situation was pointed out, especially when it comes to the area of housing, participation in the labor market, education, health care and others," stated the institution of the Protector.
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