A work contract to register a child in a nursery, the ombudsman calls it a discrimination

In this case the ombudsman finds that the demand for parents to submit work contracts for child registration in pre-school institutions is discriminatory and unfair treatment before the law.

The ombudsman noted that the demand for the employment contract to parents, established by several municipalities during the publication of admission contests in pre-school institutions, as well as their caution that applications without these documents will not be considered is contrary to the No Administration Guide. 19/ 2016. For more, this criterion is incompatible with the principle of legitimacy and judicial security. The ombudsman finds that the demand for parents to submit work contracts for child registration in pre-school institutions is discriminated against and unfair treatment before the law. The approach in question does not offer judicial security, clear alternatives and to cope with children with serious injury, the way they to be able to enjoy the same rights as all other children, more specifically to the right to women for education, for not discrimination, and for the best interest of them”, is said in the media communique of the Ombudsman.

The report also says that the ombudsman has also noted that setting this priority by some municipalities has come from a lack of capacity and resources to accommodate the large number of applications with all their will to blame everyone indiscriminately.

Full communication:

The ombudsman published the Ex-anicio Report on the Change and completion of the Administrastration Guide for the Intervention of Children in Pre-school Institutions

Pristina, May 21st, 2021 -- the Ombudsman, under legal competencies and responsibilities -- published the Report with recommendations Ex officio No. 597/20s on changes and completion of Administrative Guide (MASHT) No.19/2016 for the inclusion of children in pre-school institutions in Kosovo.

After analyzing relevant legislation in force and random circumstances, it estimates that Administrating Guides No. 19/ 2016 (MASHT) for the inclusion of children in Kosovo's pre-school institutions is not clear, conciz and that its respective standards are contrary, not consistent, and are not compatible with the basic principles and authorisations that emerge from the Law on Pre-school Education and the Law on Child Protection, such as equality, all involvement and the overall development of children's personality.

The ombudsman noted that the demand for the parents' employment contract, set up by several municipalities during the release of admission contests to pre-school institutions, as well as their caution that applications without these documents will not be considered is contrary to Administrative Guide No. 19/ 2016. For more, this criterion is incompatible with the principle of legitimacy and judicial security. The ombudsman finds that the demand for parents to submit work contracts for child registration in pre-school institutions is discriminated against and unfair treatment before the law.

The direction in question does not offer judicial security, clear and affordable alternatives to children with serious injuries, the way they share the same rights as all other children, more specifically the right to children for education, for no discrimination, and for the best interest in them.

The ombudsman also noted that setting this priority by some municipalities has come from a lack of capacity and resources to accommodate the large number of applications, with all their will, to blame all over the country indiscriminately.

This recommendation report has been forwarded to the responsible authorities.