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Article 46. Freedom of thought, conscience and religion Freedom of religion Everyone shall be guaranteed the right to freedom of thought, conscience and religion, as well as the right to change the religion or belief and the freedom to, individually or collectively with others, publicly or privately, express the religion or belief by prayer, preaches, customs or rites. No one shall be obliged to declare own religious and other beliefs. Freedom to express religious beliefs may be restricted only if so required in order to protect life and health of the people, public peace and order, as well as other rights guaranteed by the Constitution. Freedom of expression Article 47. Freedom of expression Everyone shall have the right to freedom of expression by speech, writing, picture or in some other manner. Human dignity The right to freedom of expression may be limited only by the right of others to dignity, Right to protect one's reputation reputation and honor and if it threatens public morality or the security of Montenegro. Right to conscientious objection Article 48. Objection of conscience Everyone shall have the right to objection of conscience. No one shall be obliged, contrary to own religion or conviction, to fulfill a military or other duty involving the use of arms. Freedom of press Article 49. Freedom of press Freedom of press and other forms of public information shall be guaranteed. The right to establish newspapers and other public information media, without approval, by registration with the competent authority, shall be guaranteed. Montenegro 2007 (rev. 2013) Page 11 constituteproject.org PDF generated: 27 Apr 2022, 10:50 Right to protect one's reputation The right to a response and the right to a correction of any untrue, incomplete or incorrectly conveyed information that violates a person's right or interest and the right to compensation of damage caused by the publication of untruthful data or information shall be guaranteed. Freedom of press Article 50. Prohibition of censorship There shall be no censorship in Montenegro. The competent court may prevent dissemination of information and ideas via the public media if required so to: prevent invitation to forcible destruction of the order defined by the Constitution; preservation of territorial integrity of Montenegro; prevention of propagating war or incitement to violence or performance of criminal offences; prevention of propagating racial, national and religious hatred or discrimination. Right to information Article 51. Access to information Everyone shall have the right to access information held by the state authorities and organizations exercising public authority. The right to access to information may be limited if this is in the interest of: the protection of life; public health; morality and privacy; carrying of criminal proceedings; security and defense of Montenegro; foreign, monetary and economic policy. Freedom of assembly Article 52. Freedom of assembly The freedom of peaceful assembly, without approval, with prior notification of the competent authority shall be guaranteed. The freedom of assembly may be temporarily restricted by the decision of the competent authority in order to prevent disorder or execution of a criminal offence, threat to health, morality or security of people and property, in accordance with the law. Freedom of association Article 53. Freedom of association Right to form political parties The freedom of political, trade union and other association and action, without approval, Right to join trade unions by the registration with the competent authority, shall be guaranteed. No one shall be forced to become a member of an association. Campaign financing The state supports political and other associations, when there is a public interest to do so. Restrictions on political parties Article 54. Prohibition of organizing Political organizing in public bodies shall be prohibited. Restrictions on the armed forces A judge of the Constitutional Court, a judge, a state prosecutor and his deputy, an Ombudsman, a member of the Council of the Central Bank, a member of the Senate of the State Audit Institution, a professional member of the Army, Police and other security services shall not be a member of any political organization. Political organizing and actions of foreign nationals and political organizations with the seat outside of Montenegro shall be prohibited. Prohibited political parties Article 55. Prohibition of operation and establishment The operation of political and other organizations directed towards forceful destruction of the constitutional order, infringement of the territorial integrity of Montenegro, violation of guaranteed freedoms and rights or instigating national, racial, and religious and other hatred and intolerance shall be prohibited. The establishment of secret subversive organizations and irregular armies shall be prohibited. Montenegro 2007 (rev. 2013) Page 12 constituteproject.org PDF generated: 27 Apr 2022, 10:50 International organizations Article 56. Right to address international organisation Everyone shall have the right of recourse to international institutions for the protection of own rights and freedoms guaranteed by the Constitution. Right of petition Article 57. Right of recourse Everyone shall have the right of recourse, individually or collectively with others, to the state authority or the organisation exercising public powers and receive a response. No one shall be held responsible, or suffer other harmful consequences due to the views expressed in the recourse, unless having committed a crime in doing so. 4. ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND LIBERTIES