Chapter 3. Observing the rights of the child
inaccessibility. In addition, parents complain about the lack of a teacher’s assistant, maladaptation of
the child’s classroom needs, poor performance of a psychologist/social educator. These problems do not
allow for following the recommendations of inclusive resource centres. These facts, among other things,
indicate insufficient training and qualification of specialists who work with children.
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Example
Citizen Sh. (Kyiv oblast), the father of a child with a disability, addressed the Commissioner regarding
the failure to provide appropriate conditions for his child’s education and violation of his child’s right to
dignity.
While the number of inclusive resource centres is growing (according to the Ministry of Education and
Science, 610 centres were opened by the end of 2019), they do not meet the needs of children to receive
services in full.
There are also a number of problems in ensuring the right to education in the context of decentralization,
the transition from funding of education from the state budget to the local budgets.
Local self-government bodies make decisions that restrict the rights or benefits for children who receive
education in institutions outside their place of residence, and require parents to re-imburse the costs
associated with providing education to such children.
Example
In March 2019, Kyiv City Council introduced priority enrollment in preschool education for children
registered in Kyiv. It restricts access to preschool education for children whose place of residence is
registered in another locality. At the same time, such restrictions apply not only to enrollment in an
education institution, but also to the amount of payment for the child’s meals and the establishment of
tuition fees.
Namely, the decision of Kyiv City Council of #1369/5433 of 13 September 2018 established that in case
when a child not registered in the city of Kyiv (except for children of internally displaced persons and
children of ATO participants) is enrolled to a community preschool institution, his/her family has to pay
a monthly fee for preschool education.
In this regard, in May and September 2019, the Commissioner sent requests to Kyiv Mayor to abolish this
discriminatory provision. Judicial proceedings are currently underway to appeal the decision of Kyiv City
Council. The Commissioner keeps this issue on her watch list.
CHAPTER 3
As a result of the measures taken, the rights of the child were restored: primary school teachers with
appropriate professional education were appointed, the psychological climate in the team was improved, a
team of psychological and pedagogic support for children with special needs was created, etc. In addition,
disciplinary measures were taken against the leadership of the education institution for violations they
committed in the organization of inclusive education of children with special education needs.
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