The Ombudsperson published Recommendation Report for the Ministry of Education, Science and Technology and the Ministry of Justice regarding the right to education of convicted persons
Prishtinë, 26 November – the Ombudsperson published recommendation report for the Ministry of Education, Science and Technology and the Ministry of Justice regarding the right to education of convicted persons. The main purpose of this Report is to draw attention of competent authorities of the Republic of Kosovo on respect of the rights of convicted persons on education in accordance with the Constitution of the Republic of Kosovo, the Law on Execution of Penal Sanctions, as well as international standards on prisoners’ rights.
The Ombudsperson, on 5 July 2018, admitted the complaint of Mr. E. B. against the Kosovo Correctional Service (KCS), who complains on behalf of his son V.B., who is serving a prison sentence at Correctional Center in Lipjan concerning the inability to proceed further with university studies.
The Ombudsperson reiterates that education of convicted juveniles and adults, residing in Correctional Institutions, is one of the main liabilities of the competent Institutions of the Republic of Kosovo deriving from the Constitution, the laws at force and international legal instruments. As such, this institutions’ liability to accomplish one of the fundamental human rights, such as providing access to education for young people, cannot be passed over either for minors who are in Correctional Centers, as is the case of CCL.
The right of all persons on education is enshrined in Article 26, paragraph 1 of the Universal Declaration on Human Rights: “Everyone has the right to education…”.
In this direction, “United Nations Rules for the Protection of Juveniles Deprived of Liberty” adopted in 1990 (Rules), stipulates that: “Every juvenile of compulsory school age has the right to education suited to his or her needs and abilities and designed to prepare him or her for return to society.”
In the same spirit are also “European Prison Rules”, which pay special attention to the right to education, stipulating that: “Every prison shall seek to provide all prisoners with access to educational programs which are as comprehensive as possible and which meet their individual needs while taking into account their aspirations.”
Also, Recommendation No. R (89) 12 on Education in Prison, adopted by the EC Committee of Ministers in 1989, defines the right to education as fundamental as well as one of main forms of facilitating reintegration of convicted persons into society.
International standards stipulate the obligation of the institutions of the Republic of Kosovo to guarantee the right to education as a fundamental right similarly for persons serving their punishment. In addition, the Ombudsperson recalls that such an obligation is clearly enshrined in the domestic legislation as well.
The right to education, as a fundamental human right, is also defined in the legislation of the Republic of Kosovo. In accordance with the spirit and text of international acts mentioned above, as well as in domestic law, the right to education is also guaranteed to persons deprived of their liberty.
Thus, the Ombudsperson draws attention on the fact that decisions of Kosovo Republic Institutions, specifically of MEST, should be on the best interest of young people, even when it comes to organizing of educational process in the CCL. This principle is defined in the Constitution as well, actually Article 50, para. 4 where is stipulated that: “All actions undertaken by public or private authorities concerning children shall be in the best interest of the children.” Furthermore, the same definition is enshrined in the European Convention on Rights of Child, where Article 3, paragraph 1 reads that:“ In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”
Juvenile Justice Code (JJC) in Article 119 stipulates that: “If there are no lessons of a certain kind or educational level in the educational-correctional institution, a minor shall be permitted to attend lessons outside the educational-correctional institution if such attendance is not harmful to the execution of the educational measure and the decision is justified by the minor’s previous educational progress.”
Further, the Law on Execution of Penal Sanctions, in Article 84 paragraph 1 stipulates that: “The director of the correctional facility shall allow special arrangements to enable the convicted person to receive primary, secondary, university and other education. The convicted person shall pay the expenses of such special arrangements.”
On the basis of such ascertainments, the Ombudsperson recommends the Ministry of Education, Science and Technology as well as the Ministry of Justice to issue sub-legal act pursuant with the Law on Pre-University Education and the Law on Execution of Penal Sanctions which would precisely stipulate the form of accomplishment of the right to university education for sentenced juveniles and adults.
Full report with recommenadation you will find: LINK
Public Information Office of OIK