INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
which her child was the initiator of certain conflicts. Ombudspersons informed the School
management about the Guidelines for determination of the best interests of the child in Bosnia and
Herzegovina, not only because of the specific case, but appreciating the importance of the school
in the child's life (determination of the best interests of the child in the field of education, in the
part concerning the safety and protection of the child in educational institutions). The school
informed Ombudspersons that in the meantime they had organized a TPA meeting, and that the
staff of professional services talked to the students in order to act preventively in the best interests
of the child.
Example: Parents of a boy with cerebral palsy who is a student at an elementary school in the
Sarajevo area addressed the Ombudsmen because of the violence their child is experiencing from
a boy from his class. 353 The parents pointed out that their child is upset every day and does not
want to attend classes. Since the mentioned boy disturbed the other students, Ombudspersons were
informed that the boy had been transferred to another class and that he will be given individual
instruction in cooperation with psychologists. Currently, an investigation is pending before the
Institution in two cases 354 related to the behavioral problems of a boy who harassed other students.
Example: In a case 355 Ombudspersons established a violation of the rights of the child who was a
victim of violence and suffered severe consequences to his mental and physical health because of
the behavior of his parents and other close relatives. The child's father was given a restraining
order from home and from approaching victims of violence. Ombudspersons expressed their
concern over the fact that an adequate assessment of parental capacities had not been carried out.
The Social Welfare Center should have made adequate professional assessments in this case and
decide what is the best for the child. In this regard, Ombudspersons issued a recommendation 356
to the Social Welfare Center. The recommendation was implemented partially, but
Ombudspersons will keep monitoring the court proceedings - divorce of the child parents before
the competent court which will also decide on child's custody.
Example: In a complaint 357 the complainant emphasized his dissatisfaction by the work of the
Social Welfare Center of the Government of Brčko District of Bosnia and Herzegovina in
mediation between him and his ex-wife since he is not enabled to see his children and they do not
take necessary measures to protect the children's best interest by monitoring their living conditions.
After their investigation, Ombudspersons conclude that the parents were heavily burdened by their
conflict, and therefore did not see the needs and interests of the children. Children are not spared
their quarrels with each other, which can certainly have a negative impact on the psychological
growth and development of children. A recommendation has been issued 358 to the Social Welfare
Center of the Government of Brčko District of Bosnia and Herzegovina.
Ž-MO-01-67/19
Ž-SA-01-636/18 i Ž-SA-01-637/18
355
Ž- BL-01-185/19
356
P-156/19
357
Ž-BL-250/18
358
P-128/19
353
354
86
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