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ON SOCIAL AND CHILD PROTECTION
(No. 19-6/13-1/26, EPA 155 XXV. Podgorica, 28 May 2013)
Principles of social and child protection
Social and child protection is based on the following principles:
1) Respect for the integrity and dignity of beneficiaries of social and child protection which is based on social justice, accountability and solidarity, and is provided with respect for physical and psychological integrity, safety, and with respect for the moral, cultural and religious beliefs, in accordance with the guaranteed human rights and freedoms;
2) Ban of discrimination of beneficiaries on the basis of race, gender, age, national belonging, social origin, sexual orientation, religion, political, trade union or other belonging, property owned, culture, language, disability, nature of social exclusion, belonging to particular social group or other personal characteristics;
3) Informing the beneficiaries on all the data important for determining their social needs and exercising their rights, and on how the needs can be met;
4) Individual approach to the beneficiary in providing rights in the area of social and child protection;
5) Active participation of beneficiaries in the creation, selection and use of the rights in the area of social and child protection, which is based on participation in the situation and needs assessment and the decision making on the use of the needed services;
6) Respect for the best interest of the beneficiaries in exercising the rights in the area of social and child protection;
7) Prevention of institutionalisation and availability of services in the least restrictive environment whenever conditions for it arise in their home or the local community through extra-institutional forms of protection, provided by various service providers, with the aim of improving the quality of life of the beneficiaries and their social inclusion;
8) Pluralism of services and providers of social and child protection, which is performed also by civil society organisations and other legal and physical persons, under the conditions and in the manner prescribed by law;
9) Partnerships and joining of different entities responsible for activities and programmes, especially at the local level with the objective of making services available in the least restrictive environment and preventing institutionalisation;
10) Transparency with regard to informing the public on social and child protection through the media, and in other manners, in accordance with the law.
Children and young people referred to in Article 47 of this law shall be provided transport expenses for the duration of upbringing and education, and if they are placed into an institution, transport expenses shall be provided also during winter and summer holidays, state, religious and other holidays if they are travelling to their place of residence, and for returning to their place of education, if this right has not been exercised on some other grounds.
The person accompanying the person referred to in paragraph 1 of this Article shall also have the right to provision of transport expenses, unless he exercised this right on some other grounds.
Exercise of rights
The rights to basic financial support from Articles 21, 32, 33 and 42 of this Law shall be valid as of the first day of the following month upon filing the application.
A beneficiary, or his/her legal representative, adopter, guardian, foster parent, or the person to whom care, education and upbringing of the child have been entrusted, shall report to the Social Welfare Centre any change that can affect the exercise and the amount of rights referred to in paragraph 1 of this Article, within 15 days as of the day when the change occurred.
Any changes that can affect the enjoyment of rights under this Law shall be taken into account as of the first day of the following month upon their occurrence.
The beneficiary’s right to financial support shall cease to exist should he/she be placed in an institution, that is, in the religious, military or the Internal Affairs School for more than 30 days as of the day of his/her placement in that institution, provided that accommodation and food expenses are provided at the expense of those bodies or should he/she be serving a prison sentence for longer than six months.
Payment of care and support allowance and personal disability allowance to the beneficiary shall be suspended should he/she be using the accommodation services of the institution referred to in Article 64 paragraph 1 of this Law for more than 60 days, provided that the service is allocated from the state budget.