A school in Podgorica violated the rights of a child who uses a wheelchair, because no measures were taken to overcome architectural barriers in the five years since he attended that institution.
In the opinion of the institution of the Protector of Human Rights and Freedoms, it was emphasized that the other students of that class were also placed in an unequal position - they were separated from other classes of the fifth grade.
"Due to the inaccessibility of the school building, classes for children with reduced mobility are organized on the ground floor, so one class of the fifth grade is separated from the other classes of the same class. This solution was established due to the lack of an elevator, which has been out of service for almost two years due to certain technical issues problems - it was never put into operation," reads the opinion signed by Deputy Protector Snežana Mijušković.
In the opinion, it is specified that the Protector notes that in Elementary School "XX" in the school year 2024/2025. around 1.800 students attend classes in five shifts.
"For the stated reason, for a student who uses a wheelchair, who is in the fifth grade, classes are organized on the ground floor for that class, in the biggest period in a different shift compared to all other classes of the same class who follow classes on the first floor. It follows that a child who uses a wheelchair, access to the educational facility is not provided in the same way as other children, and at the same time, this department is separated from the other fifth grade departments," specifies Mijušković.
It emphasizes that such behavior is not in accordance with international and domestic regulations that guarantee the rights of persons with disabilities, that is, it is in contradiction with the provisions of the Convention on the Rights of Persons with Disabilities, which guarantees that states are obliged to take all necessary measures to ensure that children with disabled people fully enjoy all human rights and basic freedoms on an equal basis with other children.
"...As well as that persons with disabilities have access to inclusive, quality, free and compulsory primary education, or secondary education in their local community on the basis of equality with others, and to ensure reasonable adaptations that will meet the needs of individuals. At the same time, it is not in accordance with the provisions of the Law on the Education of Children with Special Educational Needs, which stipulates that the space, equipment and teaching aids of preschool institutions, schools and resource centers must be adapted to children with special educational needs, in accordance with the educational program," states Mijuskovic.
She points out that the Protector understands that considerable funds are needed for the construction of an elevator or ramp, as well as that it takes time to fully adapt the building.
"However, this does not justify the fact that the same has not been implemented for such a long period of time. The Protector believes that the school and its environment must be fully adapted to the needs of people who use wheelchairs, so that they are not discriminated against. During tours of educational institutions in Montenegro, the Protector noted that there are many school facilities that are not adapted for persons with disabilities, that there are few institutions that are fully adapted the actions taken to adapt it were not completed, so the invested funds and effort did not produce the desired results. were included in the project of the Directorate for Capital Projects, for technical reasons known to them. The Protector appreciates that this situation should be resolved as soon as possible," Mijušković stressed.
She recommended the school and the Ministry of Education, Science and Innovation to take measures without delay, in mutual cooperation with the competent authorities, with the aim of fully adapting the facility for children with reduced mobility who use wheelchairs, in accordance with current regulations, and at the latest by the beginning of the 2024/2025 school semester. . year.
Mijušković also recommended the Department of Education to draw up a priority plan for adaptation of facilities within 90 days, in order to ensure access, movement and stay of persons with reduced mobility and persons with disabilities in educational institutions.
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