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Press statement | 22.01.2018

Recommendation of the Institution of Human Rights Ombudsman of Bosnia and Herzegovina to the Ministry of Education, Science, Culture and Sports of the West Herzegovina Canton

Human Rights Ombudsman of Bosnia and HerzegovinaHuman Rights Ombudsman of Bosnia and Herzegovina

Following the meeting of Ombudsperson of Bosnia and Herzegovina Nives Jukić and the Minister of Education, Science, Culture and Sports of the West Herzegovina Canton, director of the Grammar School Fra Grga Martić in Posušje, representatives of the Teachers Board and the president of the School Board of the mentioned school on 17 October 2017, Ombudspersons of Bosnia and Herzegovina have decided to open an ex officio investigation for violation of the children’s right to education. Director of the Grammar School Fra Grga Martić Posušje has issued six certificates on finished first grade of the Grammar School without the consent of the teachers, in accordance with the relevant judgment adopted by the Cantonal court in Široki Brijeg. In spite of this, two children dropped out of the school and continued with education in Mostar, while four of them enrolled to the first grade of the vocational school in Posušje since their certificates on finished first grade were not accepted by this school. On this occasion both teachers and students expressed their strong dissatisfaction and went on strike by boycotting classes for a few days.

The reason for the opening the case was the lack of clarity in the implementation of the Rulebook on the Methods on follow-up and marking the students of elementary and secondary schools of the West Herzegovina Canton and in particular the implementation on of Article 6 of the said Rulebook. Particularly worrying for Ombudspersons is the fact that two children have left the hometown and continued their education in another town regardless of the circumstances that led to it. Human Rights Ombudsmen of Bosnia and Herzegovina have noted that the teachers interpret differently the Rulebook on the Methods on monitoring and marking the students of elementary and secondary schools of the West Herzegovina Canton and think that this Rulebook should be amended and its provisions clarified to avoid any ambiguity in its implementation. This way the teachers would have clearer guidelines as to the necessity of marking each student at least twice during a semester so they have more marks.

Pursuant to Article 32 of the Law on Human Rights Ombudsman of Bosnia and Herzegovina, taking into account the reasoning of the Decision of the Regional Court in Široki Brijeg no. 08 0 003059 17 U of 04 September 2017 concerning the annulment of an administrative decision from which arrive the different interpretations of Article 6 of the Rulebook on the Methods on follow-up and marking the students of elementary and secondary schools of the West Herzegovina Canton, issued a recommendation to the Ministry of Education, Science, Culture and Sports of the West Herzegovina Canton on 07 December 2017: “to consider the reasoning the Regional Court in Široki Brijeg and amend Article 6 of the Rulebook on the Methods on follow-up and marking the students of elementary and secondary schools of the West Herzegovina Canton.”

In the given deadline the Ministry of Education, Science, Culture and Sports of the West Herzegovina Canton will implement the recommendation of the Ombudsman and define the relevant provisions of the Rulebook on Methods of follow-up and marking the students of elementary and secondary schools of the West Herzegovina Canton in clearer way in order to avoid doubts about its implementation.

Ombudspersons commend this serious approach to solving the challenges and express their readiness to co-operate in all necessary procedures to introduce changes into the education system aimed at the implementation of the right of children to education.



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