The management of the Elementary School "Njegoš" in Spuz should in the future refrain from making statements that have no basis in law, is the recommendation of the Deputy Protector of Human Rights and Freedoms Nerma Dobardžić.
The citizen submitted a complaint to the institution of the Protector of Elementary School "Njegoš" in the process of selecting the School Board due to discrimination based on her previous membership in that body.
In the middle of August last year, a session was held at which the new composition of the School Board was to be elected. The complainant said that she was proposed as a member, but that the acting director said that she could not be elected, because she was instructed that old members could not be elected and that new members had been elected.
In the statement of Elementary School "Njegoš", it is stated that the decision on the selection of members of the School Board is final and legal and was made according to the General Law on Education and the Statute of the school.
From Elementary School "Njegoš" they said that it is true that the complainant was proposed as a member of the School Board at the session, but that it is not true that the acting principal then announced that she could not be elected.
"Furthermore, it was stated that at that time the acting director announced the following: that the complainant had already been a member of the School Board three times, that those who had not been so far should also be nominated as candidates... if it had not been said that she could not be proposed, rather, only that other - new faces should be proposed and nothing more than that... that no one defended her being proposed or elected, but that it was only said how many times she had been so far and that others should be proposed as well persons", it is stated in the statement of the Elementary School.
Among the established facts of the institution of the Protector, it is stated that previous membership in the School Board is not provided for in the legal and by-laws as an eliminatory condition for the election of a representative in that body.
The general law on education stipulates that the school board consists of two representatives of the Ministry of Education, that is, two representatives of the municipality for institutions founded by the municipality, two from among employees and one representative of parents. Members of the School Board are elected for four years, except for parents' representatives, who are elected for two years, and there is no limit to the number of mandates a person can be elected as a member.
"The defender states that the statement of the acting director reminding that the complainant has been a member of the School Board three times already and that those who have not been so far should be nominated as candidates, contains elements that could influence the process of selecting candidates", it is stated in the opinion signed by Deputy Protector Dobardžić.
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