The Ombudsperson has delivered today to the Assembly of Republic of Kosovo the Report with Recommendation related to the amendment and supplementing of Article 4 of the Law No. 04/l-096 on Amending and Supplementing of the Law No. 2003/15 on Social Assistance Schemes in Kosovo (hereinafter in the text: Article 4 of the Law).

The purpose of this Report is to recommend the Assembly of the Republic of Kosovo, amendment and supplementing of Article 4 of the Law, which conditions allocation of social assistance to families with children under the age of five (5). The Report also justifies the necessity of amendment of Article 4 of the Law in relation to international standards for the protection of human rights, with special emphases on the protection of rights of children, as such conditioning exacerbates even further lives and well-being of citizens who live in severe living conditions.

The Ombudsperson observes that enforcement of Article 4 of the Law has induced that many families living in severe living conditions, are left without the social assistance as well, which they enjoyed until child reached the age of five. Regardless the facts that Article 4 of the Law No. 2003/15 was subject to amendment, it actually did not improve the situation of families living in poverty by the fact of setting age limit.

Furthermore, conditions determined for obtaining of social assistance, through legal provisions at force, have affected on deterioration of living conditions of many families, causing many difficulties in upbringing of children and the well-being of families in general, particularly citizens of Roma, Ashkali and Egyptian communities.

The Ombudsperson observes that the Article 4 of the Law, beyond any doubts, breaches the best interest of the child, even the shortage of social assistance for children and families in need, conditions and impacts child’s physical and mental health as well as its further education and development.

The Ombudsperson, in compliance with the findings given in the Report, ascertains that Article 4 of the Law is contradictory to the Constitution of the Republic of Kosovo, International Standards, in particular the Convention on the Protection of the Rights of the Child, which is directly applicable in the Republic of Kosovo.

Based on analyses, assessments and findings, the Ombudsperson recommends the Assembly of Republic of Kosovo, amendment of Article 4, paragraph 5 of the Law No. 04/l-096 on Amending and Supplementing of the Law No. 2003/15 on Social Assistance Scheme in Kosovo, so that the age limit of five (5) years old for the child is increased to the age of eighteen (18) years old, in compliance with the term “child” and with the aim of meeting Constitutional Liabilities.

Full text of this Report with Recommendation, which has been delivered today to the Assembly of Republic of Kosovo as well as published on OI official web page, is available at: http://www.ombudspersonkosovo.org.