ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
Example: 225 The complainant, acting as a proxy of his minor child addressed the Ombudsman
designating the “Ivan Goran Kovačić” Primary School in Livno as the responsible party for
violation of his child's rights. He alleges that the judgment of the Cantonal Court of Canton 10
rejected his lawsuit for annulment of a document issued by the Ministry of Science, Education,
Culture and Sports. Attached to the complaint, he submitted a notification he sent to the Primary
School "Ivan Goran Kovačić" Livno informing them that under the mentioned court judgment, his
child is no longer a student of the mentioned school, and that schooling should continue in the
Primary school "Fra Lovro Karaula" Livno from 14 January 2019 and the child should be erased
from the record of students of the Primary school "Ivan Goran Kovačić" Livno as of that date.
The complainant pointed out that his six-year-old child needed more than two months to adjust to
the new environment, and that his brother and sisters, who also attend the same school, brought
him and took him to school every day until he adjusted. According to the enrollment area, i.e. the
street in which they currently reside, the child should have been enrolled in the elementary school
"Fra Lovro Karaula" Livno. The complainant initiated administrative proceedings at the beginning
of the school year, followed by an administrative dispute. At the beginning of the 2018/19 school
year, the child was enrolled in the elementary school "Ivan Goran Kovačić" Livno, which he
attended for four months, i.e. until 14 January 2019 when the father of the child was informed that
his child was no longer a student of the said school. Ombudspersons addressed the responsible
party and talked to the Minister of the Ministry of Science, Education, Culture and Sports of
Canton 10, pointing out that the mentioned judgment rejected the lawsuit comprising the claim for
annulment of the document issued by the Ministry of Science, Education, Culture and Sports, but
did not decide on the child's status in the Primary school "Ivan Goran Kovačić" Livno, nor was the
judgment order that the minor child be erased from the records of school students. Immediately
after receiving the complaint, Ombudspersons instructed the complainant to submit a proposal to
the Cantonal Court of Canton 10 for an interim measure, due to the unforeseeable consequences
for a six-year-old child that would cause him the act of being transferred to another school during
the school year. The Cantonal Court of Canton 10, acting on the proposal to determine a temporary
measure, issued a decision ordering the Primary school "Ivan Goran Kovačić" Livno that a minor
child attend classes at the school, annulling the decision of the principal to erase this student from
school records. The responsible party informed Ombudspersons that the minor child kept attending
the school, thus successfully concluding the proceedings.
Example: 226 The complainant designated the Academy of Arts of the University of Banja Luka
as the responsible party for violation of his rights in a matter of the competition for the selection
of teachers in the Study Program of Dramatic Arts. He was the only candidate to apply for the
position. The Teaching-Scientific Council approved the proposal of the Election Commission,
which was rejected by the University Senate, explaining that the candidate does not meet the
minimum requirements for election to the position of full professor because he has not completed
the second cycle of studies, i.e. the master's degree. The complainant graduated from the four-year
Faculty of Dramatic Arts in Belgrade, according to the pre-Bologna system of education, which is
recognized as an equivalent of the title of master according to the valid laws in the Republic of
Serbia. The Senate of the University of Banja Luka does not dispute the very character of the
certificate of equivalence, but considers that it cannot be used as a legal basis for the employment
225
226
Ž-LI-05-17/19
Ž-BL-04-489/19
59
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