Ombudsman: Child age removed for those receiving social assistance in Kosovo

The purpose of this report is to recommend the Assembly of the Republic of Kosovo changing and completing Article 4 of the Law, which conditions the separation of social assistance to families who have children under the age of 5 (5).

The report also argues the necessity of changing Article 4 of the Law in relation to international standards for human rights protection, with a particular focus on protecting children's rights, as there is a greater reduction in the life and welfare of citizens who are in serious economic condition.

The ombudsman notes that implementation of Article 4 of the law has caused many families in serious material condition to remain without social assistance, which they enjoyed until the child turns five (5). Despite the change in Article 4 of Law No. 20/03/15, this has not in fact improved the plight of poor families with the fact of limiting children's age.

Moreover, conditions designated for social assistance have contributed to the worsening economic situation of many families, causing obstacles and difficulties in the welfare of children and the welfare of households in general, separate from citizens of the Roma, Ashkali and Egyptian communities.

The ombudsman notes that Article 4 of the Law, beyond any doubt, violates the child's best interest, even the lack of social assistance for children and families in need, conditions and affects the child's physical and mental health, as well as his further education and development.

The ombudsman in line with the findings highlighted in the report finds that Article 4 of the Law is contrary to the Constitution of the Republic of Kosovo, international standards, apart from the Convention on Protection of Child Rights, which is directly applicable in the Republic of Kosovo.

On the basis of analysis, assessments and consultations, the Ombudsman recommends to the Republic of Kosovo the Change of Article 4, paragraph 5 of Law No. 04/l-096 for Change and Fulfill Law No. 20/03/15 for the Kosovo Social Assistance scheme, so that the child's restriction on the age of five (5) is raised at eighteen (18), in line with the notion of the term “child” and in order to fulfil constitutional obligations.

The report with recommendations, in its full format, has been forwarded to the Republic of Kosovo's Parliament today, and the same has been published on the ombudsman Institution Web site in http://www.buds personalkosovo.org./