Pristina, 20 May 2021 – The Ombudsperson, within the legal competencies and responsibilities, today has published the Recommendation Report Ex officio no. 597/2020 regarding amendment and supplementing of Administrative Instruction (MEST) No. 19/2016 on Inclusion of Children in Preschool Institutions in Kosovo.

Upon reviewing the relevant legislation in effect and case circumstances, the Ombudsperson deems that Administrative Instruction no. 19/2016 (MEST) on Inclusion of Children in Preschool Institutions in Kosovo is not plain, concise and that its relevant norms are contradictory, inconsistent and are not in accordance with the basic principles and authorizations deriving from the Law on Preschool Education and the Law on Child Protection, such as: equality, inclusion and comprehensive development of children’s personality.

In the course of case review, the Ombudsperson observed that the request for parents’ employment contract, set by some municipalities during announcement of competitions for admission to preschool institutions, as well as their remark that applications without provision of this document will not be subject of review, is contradictory to Administrative Instruction no. 19/2016. Furthermore, this criterion is not in compatibility with the principle of legality and legal certainty. The Ombudsperson finds that the request for parents to submit employment contracts for the registration of children in preschool institutions is discriminatory and unequal treatment before the law.

On this occasion the Ombudsperson ascertains that the given Instruction does not provide legal certainty, clear and affordable alternatives for children with serious disabilities, so that they enjoy the same rights as all other children, more specifically the right of children to education, to non-discrimination and to their best interests.

The Ombudsperson noted also that setting of this priority by some of municipalities has come due to the lack of capacity and resources to accommodate the large number of applications despite their willingness to incorporate all children without any distinction.

Responsible authorities have been served with this Recommendation Report.