While the United Nations Children's Fund (UNICEF) does not support the new law that conditions a child's access to education upon vaccination, the institution of the Protector of Human Rights and Freedoms believes that the state has the right to prescribe measures that will yield better results in protecting the population from infectious diseases, and which can be verified through judicial protection.
UNICEF told "Vijesti" that denying access to preschool education due to parental decisions leads to double punishment of children and claims that their position on mandatory vaccination is based on scientific evidence and international law, in particular the Convention on the Rights of the Child. The Ombudsman institution, however, claims that there is a case law of the European Court of Human Rights (ECHR) in a case against the Czech Republic, from 2021, which assesses that mandatory vaccination of children against nine infectious diseases infringes on the right to privacy, but does not constitute a violation of Article 8 of the European Convention on Human Rights when it comes to the "right to respect for private life".
A bill that would prevent unvaccinated children from attending kindergarten was submitted to the Parliament by MPs Albin Ceman, Dragana Vucevic, Dane Markovic, Vaso Obradović, Amer Smailovic i Nikola Camaj, and was adopted through an urgent procedure just ten days later, on the last day of December.
The Ministry of Health previously published the Draft Law in the second half of November, but, they claim, no one responded to the roundtable discussion, and no objections were received regarding the specific provision. Representatives from the civil sector, as well as the Ombudsman institution, told "Vijesti" that they had no knowledge of the public debate, and that they were not aware that the new law had entered into force.
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Backsliding over the past decade
From the Ombudsman institution, headed by Siniša Bjeković, told "Vijesti" that there is a consensus among the professional and scientific public that the importance of vaccines for the health of the world's population, and the development of humanity and the human race, is so great that it is almost impossible to clearly measure it, and that vaccination is the most useful medical intervention for humanity.
They recall that at the end of 2016, the Protector issued an opinion on the draft Law on the Protection of the Population from Infectious Diseases, in which, among other things, he emphasized the importance of the child's right to health. In the opinion, he also stated that in order to achieve the effective goals of the immunization program, it is necessary to establish effective communication with parents of children regarding issues related to vaccines and their safety, raise awareness among the general population about the risks posed by vaccine-preventable diseases, and promote a better understanding of the importance of collective immunity for society as a whole.
The Protector pointed out that the opinion was based, among other things, on the Report on Immunization in Montenegro for 2015 by the Institute of Public Health, which states that "planned systemic vaccinations of children (cohort born in 2014) in Montenegro during 2015 were carried out with a coverage of 64 percent MMR to 89,3 percent BCG, and revaccinations with a coverage of 70,6 percent (polio) to 95,6 (DT polio)".
The Ombudsman's office said that they are constantly dealing with the issue of child immunization and that they have repeatedly advised the competent institutions to implement various measures and campaigns that would halt the trend of declining coverage of mandatory vaccines.
"We recall that the UN Committee on the Rights of the Child, in its concluding observations on Montenegro (2018), expressed concern about the decrease in immunization rates against childhood diseases due to anti-vaccination campaigns and recommended that the state raise awareness about the importance of breastfeeding and vaccination and improve immunization rates," they emphasized.
Practice of the European and Constitutional Courts of Croatia and Serbia
In its response to "Vijesti", the Protector points out that the ECHR in the case against the Czech Republic concluded that the interference with the applicants' rights was in accordance with the applicable laws of the Czech Republic, and that it pursued a legitimate aim - protection against diseases that may pose serious risks to the health of citizens. The Court, they explained, pointed out that despite mandatory vaccination, it cannot be directly imposed, and is implemented indirectly, through the application of certain sanctions.
"The Court considered the measure that denies unvaccinated children the opportunity to attend preschool education to be a consequence clearly foreseen by primary legislation due to failure to comply with a general legal duty and which aims to protect the health of young children, and accordingly its character is protective, not punitive," the institution of the Protector emphasized.
They also claim that they are aware that certain countries in the region, due to a decline in mandatory immunization coverage, have changed their legal regulations, so the Republic of Croatia conditions attendance in kindergartens with vaccination, and the Republic of Serbia conditions attendance and stay in preschool and school institutions, as well as institutions for the placement of children without parental care.
The Protector also reminds that the highest immunization coverage is in countries that do not even have mandatory, but rather recommended vaccinations.
This issue, they claim, has also been addressed by the constitutional courts of neighboring countries.
"The Constitutional Court of Croatia determines that the principle of prohibition of discrimination is not relevant in this specific case, and that it cannot be considered that children of preschool and primary school age have been unjustifiably denied the right to education due to refusal to be vaccinated," they said.
The Protector recalls that the Constitutional Court of Serbia has also determined that the fact that children's attendance at educational institutions was conditioned by vaccination cannot be interpreted as relevant in the constitutional sense for any form of discrimination regarding the right to education.
The institution of the Protector concluded that, given that the vaccination coverage of children is very low, the state should undertake all available mechanisms to protect the right of children to life, survival and development, which is considered a fundamental principle of the rights of the child, and many are of the opinion that these rights are more important not only than other children's rights, but also than other principles.
"Also, this right is considered an imperative norm, and creates obligations even for states that have not ratified the international treaties that protect it. Therefore, we believe that the state should, in addition to normative activities, undertake other available activities to protect the health of children and remove the uncertainties surrounding this issue," they said.
Sarvadei: Double punishment of children
UNICEF does not support legal solutions that condition a child's access to education on their vaccination status, because such an approach carries the risk of double punishment of young children who cannot be held responsible for adult decisions, the head of UNICEF's representative office in Montenegro told "Vijesti". Mikele Sarvadei.
He pointed out that children do not decide whether and when to be vaccinated and that denying access to preschool education due to parental decisions leads to double punishment of children.
"On the one hand, it leaves them unprotected from preventable diseases, and on the other, it limits their right to early development and education, which are crucial for their further development and later outcomes in life," Sarvadei said.
He stressed that UNICEF's position on mandatory vaccination is based on scientific evidence and international law, particularly the Convention on the Rights of the Child.
"While mandatory vaccination may be considered in strictly limited circumstances, such measures must be based on evidence that mandatory vaccination will increase vaccination coverage without compromising children's rights and developmental opportunities. Making access to education conditional on vaccination does not meet these criteria," said Sarvadei, adding that protecting children's health should not mean limiting their access to preschool education, nor is it in the best interest of the child to advance one right by limiting another, especially at an age when early learning plays a crucial role in reducing inequality.
He said that vaccines from the regular immunization calendar in Montenegro are safe, effective, free and widely available.
“When vaccination coverage is insufficient, the priority should be to build trust, improve communication with parents and remove barriers to access services, rather than introducing punitive measures that disproportionately affect children. At the same time, UNICEF emphasizes the importance of professional accountability in the health system. Pediatricians and health workers have a key role in providing accurate, science-based information to parents. Therefore, it is important to consider appropriate professional accountability mechanisms and disciplinary measures in cases where health workers actively promote unjustified delays, spread misinformation or discourage vaccination contrary to national guidelines,” said Sarvadei, among others.
Coverage with first dose of MMR lowest in Europe
From the Ministry of Health, which is headed by Vojislav Šimun, yesterday assessed for "Vijesti" that the proposed solution is the result of clear and unanimous recommendations from the medical profession, based on epidemiological data, regional practice and the principles of human rights protection.
They said that Montenegro faces enormous challenges in immunization uptake that have been detected since 2014, but have been particularly pronounced since the start of the COVID-19 pandemic. These challenges, they argue, are best seen in vaccination coverage, where there has been a decline in coverage of almost all vaccines and boosters from the Regular Immunization Program, even though eleven vaccines are mandatory.
Coverage of the first dose of the MMR vaccine in recent years, according to official data from the WHO website, is the lowest in Europe and among the lowest in the world, despite a number of measures implemented.
"The trend of decreasing coverage with the MMR vaccine is increasingly affecting other vaccines as well. The decline in coverage with DTaP revaccination in the second year of life is particularly pronounced, which is extremely worrying. In addition, coverage with revaccinations at the start of primary school, revaccinations at the end of primary school and revaccinations at the end of secondary school are also declining. However, the decline in coverage in preschool age is most concerning, namely the decline in coverage with the third dose of DTaP, the significant decline in coverage with the first DTaP revaccination in the second year of life and the very low coverage of MMR1 in the second year of life. Given the high risk of spreading infectious diseases in preschool groups, the epidemiological risk is the greatest there and should be a priority in improving the situation," the response states.
It is stated that precisely because of regional population movements and the fact that epidemics of infectious diseases easily "spillover" across borders, it is significant that similar legal solutions have already been introduced in countries in the region, including Serbia, Croatia, Slovenia, North Macedonia and Albania, where proof of regular immunization is a condition for children to stay in collectives.
"We particularly emphasize that in July 2025, the National Immunization Advisory Body (NITAG) reviewed the state of vaccination coverage and epidemiological risks, and unanimously adopted a proposal for amendments to the Law on the Protection of the Population from Infectious Diseases in the part related to immunoprophylaxis, including the measure of introducing a certificate of regular vaccination status as a condition for children's stay in preschool institutions," they emphasized.
They also point out that representatives of the Ministry of Health discussed the proposed solutions with the Protector of Human Rights and Freedoms of Montenegro, who supported this measure from the aspect of protecting the best interests of the child, the right to health and the state's obligation to provide a safe environment for all children in collectives.
"All of the above confirms that the proposed solution is the result of clear and unanimous recommendations from the medical profession, based on epidemiological data, regional practice, and the principles of human rights protection," the Ministry of Health concluded.
Additional risk for children from vulnerable groups
UNICEF assessed that it is still too early to assess the full impact of these legal solutions, but pointed to a significant risk of unintended negative consequences, especially for children from vulnerable groups.
"The coverage of children in preschool education in Montenegro is around 73 percent, which represents significant progress compared to around 40 percent in 2013. This progress is the result of many years of investment and joint efforts of families, communities, institutions and international partners. However, coverage is still lower in the northern region, rural areas, as well as among Roma and Egyptian children," explained Sarvadei.
He assessed that in conditions of persistent inequalities, with public investments in preschool education of around 1,4 percent of GDP, which is below the recommended two to three percent for middle-income countries, the system remains very vulnerable.
"The introduction of additional enrollment requirements, including vaccination restrictions, risks disproportionately affecting children who are already least likely to attend kindergarten and further jeopardizing hard-won progress."
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