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Children with comparable needs must be enabled comparable use of rights

The Human Rights Ombudsman  |  Children with special needs  |  Children's rights  |  ...
Natisni:
Priporočilo: The Human Rights Ombudsman of the Republic of Slovenia believes that rights from Articles 14 and 56 of the Constitution of the Republic of Slovenia would be violated if, due to medical problems, one of the pupils, unlike other pupils with the same problems, could not participate in a school residential trip solely due to a lack of clarity on how the mandatory presence of an additional escort of a child would be financed. The Ombudsman’s quick intervention in such a case probably prevented the infringement of the pupil’s rights and the child was able to participate in the school residential trip.
Otrok za mizo rešuje nalogo

The Human Rights Ombudsman of the Republic of Slovenia believes that rights from Articles 14 and 56 of the Constitution of the Republic of Slovenia would be violated if, due to medical problems, one of the pupils, unlike other pupils with the same problems, could not participate in a school residential trip solely due to a lack of clarity on how the mandatory presence of an additional escort of a child would be financed. The Ombudsman’s quick intervention in such a case probably prevented the infringement of the pupil’s rights and the child was able to participate in the school residential trip.

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The Human Rights Ombudsman of the Republic of Slovenia (Ombudsman) received a complaint stating that a child could not participate in a school residential trip because the school does not meet the conditions to provide an escort and safety of the child. Namely, the child has type 1 diabetes, and his parents were informed of this only six days prior to the planned departure. There are also other children at this school with the same disease who would participate in the school residential trip.

The Ombudsman immediately contacted the school regarding this complaint. The school explained that they had sought information about financing at the competent ministry, that is if the ministry would co-finance the additional escort needed due to the participation of this child (other children with the same diagnose already had the escort provided) or if this cost would be at the expense of raising the price for all children. The school got the answer that the financing of a temporary escort could be provided from ministry funds, but the following day they were informed that it was not possible and even that the escort could not be financed from fund for school residential trips. The school denied informing the parents that the child could not participate in the school residential trip and explained that they were still actively pursuing potential solutions.

The Ombudsman received the information that the child had been able to participate in the school residential trip and the complainants believe that an appropriate solution was found thanks to the intervention of the Ombudsman. 19.1-14/2023

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