ANALYSISANALYSIS OFOF THETHE CONDITIONSCONDITIONS ININ THETHE AREAAREA OFOF CHILDCHILD RIGHTSRIGHTS ANDAND THEIRTHEIR IMPLEMENTATIONIMPLEMENTATION ININ PRESCHOOLPRESCHOOL UPBRINGINGUPBRINGING ANDAND EDUCATIONEDUCATION Analysis of the conditions in the area of child rights and their implementation in preschool upbringing and education THE INSTITUTION OF HUMAN RIGHTS OMBUDSMEN OF BOSNIA AND HERZEGOVINA 2 ANALYSIS OF THE CONDITIONS IN THE AREA OF CHILD RIGHTS AND THEIR IMPLEMENTATION IN PRESCHOOL UPBRINGING AND EDUCATION Contents I Introduction 5 II Methodology 6 III Legal Frame 7 3.1. Preschool upbringing and education – approach based on human rights 7 3.2. Preschool upbringing and education in the light of international standards 8 3.2.1. Responsibility of applying of international standards 10 3.2.2. The point of view of UN Committee on child rights 13 3.3. Preschool upbringing and education in legislation of B&H 14 3.3.1 Constitution frame 14 3.3.2. Legislation frame 15 3.3.2.1. The Framework Law on preschool education 16 3.3.2.2. Legislation on preschool upbringing and education in Brčko District 24 3.3.2.3. Preschool upbringing and education in Republic of Srpska 28 3.3.2.4. Preschool upbringing and education in FB&H 35 3.3.2.4.1. Preschool upbringing and education in Canton Sarajevo 36 3.3.2.4.2. Other Cantons 40 3.3.3. Common core curricula of the comprehensive development programs for work in preschool institutions 41 3.3.4. Pedagogic standards for preschool upbringing and education and norms for the facilities, equipment and didactic material for preschool upbringing and education 41 3.3.5. Education in the legislation on equality of genders 42 3.3.6. Preschool education in other official documents 42 3.3.6.1. The agreement on establishing of the Council for universal education in Bosnia and Herzegovina 42 3.3.6.2. Action plan for the children 42 3.3.6.3. Strategy for reduction of poverty 43 3.3.6.4. Strategic directions of the development of pre-school upbringing and education in B&H 43 3.4. Institutional framework for pre-school education 45 3.4.1. Agency for preschool (pre-primary), elementary and secondary education 45 3.4.2. Conference of the ministers of education in B&H 47 IV Situation analysis 49 4.1. Preschool institutions in B&H 49 4.1.1. Preschool institutions in Republic of Srpska 50 4.1.1.1. Children with physical and developmental disabilities in RS 51 4.1.2. Federation of B&H 51 4.1.2.1. Children with disabilities in psycho-physical development in FB&H 54 3 THE INSTITUTION OF HUMAN RIGHTS OMBUDSMEN OF BOSNIA AND HERZEGOVINA 4.1.3. Preschool institutions in Brčko District 54 4.2. Financing of the preschool institutions and the prices for services 55 4.2.1. Republic of Srpska 56 4.2.2. Federation of B&H 57 4.3. Programs for upbringing-education work 59 4.3.1. Types of programs 60 4.3.1.1. Common core of the comprehensive development programs 60 4.3.1.2. Comprehensive development program 60 4.3.1.3. Specialised programs 61 4.3.1.4. Intervention, compensation and rehabilitation programs 61 4.3.1.5. Programs aimed at strengthening of parental skills 61 4.3.1.6. Compulsory programs for the children prior to enrolment into primary school61 4.3.2. Applicable programs of the upbringing-education work 62 4.3.2.1. Primary programs 62 4.3.2.2. Shorter and specialised programs 63 4.3.2.3. Program of prolonged stay 63 4.3.2.4. Programs for children prior to enrolment into primary school 64 4.4 .Preschool upbringing and education of the children with special needs 70 4.5. Structure of the employees in the upbringing - education work 71 4.5.1. Employees in preschool institution in Republic of Srpska 71 4.5.2. Employees in preschool institutions in FB&H 72 4.5.3. Brčko District of B&H 73 4.6. Professional training and the role of the educator 74 4.7. Standards for the facilities, hygiene and equipment with didactic material 76 4.7.1. Physical space 76 4.7.2. Nutrition 78 VI Recommendations 84 ANNEX I – General structure of children in B&H 87 ANNEX II – Structure of children in the institutions visited 88 ANNEX III – General structure of employed personnel in B&H 92 ANNEX IV – Structure of the employed personnel in the institutions visited 93 ANNEX V – Financing 98 ANNEX VI – Institutions visited 103 ANNEX VII – Review of used international documents, laws of b&h and other documents 105 ANNEX VIII – LIST OF ACRONYMS 107 4 ANALYSIS OF THE CONDITIONS IN THE AREA OF CHILD RIGHTS AND THEIR IMPLEMENTATION IN PRESCHOOL UPBRINGING AND EDUCATION I Introduction Preschool upbringing and education, as the part of the upbringing-educational system, is the first, special and specific degree of upbringing-educational system which includes: upbringing, edu- cation, nurture, health and social care of the children from the age of six months until they are ready to go to school. As such it represents the foundation for the life long learning directed towards the aspects of the intellectual, emotional and physical development and development of the creativity and creation. Children rights on upbringing and education and correct care for the welfare of their physical and mental health and safety has advantage over every other right. Preschool upbringing and education is the process of special social significance that, in a specific way, contributes to re- alization of the unique goal of upbringing and education, starting from the universal values of the democratic society and the own system of the preschool upbringing and education, appreciating the child needs, rights and his/hers individuality. Period of the early childhood in the first three years of life takes special place in the development and life of every individual. First two years of child’s life are mostly directed towards creation of the child’s sense of it self or towards the creation of its first own identity. This is the crucial part of creation of the child- how they, firstly, see themselves, how do they think they should function and what do they expect from others in relation to them1. Ombudsman institution for Human rights of Bosnia and Herzegovina, Department for children rights (hereinafter referred to as: Ombudsman) has, with the support of the Save the Children Nor- way, Regional department in Sarajevo, in year 2011 conducted the research on the conditions in the area of preschool upbringing and education in Bosnia and Herzegovina (hereinafter referred to as B&H) with the special attention put on the equal approach and possibility for preschool education of every child. Research is based on direct, oral and written correspondence with the authorities for the mentioned area, with non-governmental organisations and with the inspection of the actual condi- tions of the public and private institutions in B&H. Starting with the general designation in Bosnia and Herzegovina (B&H) the goal of the preschool upbringing and education is to ensure all the optimum conditions for physical, intellectual, emo- tional and social development of the youngest population and successful further education, in ac- cordance with the latest scientific achievement. Framework Laws on preschool education in B&H which were passed in Parliament of B&H in November 2007 determine the function of the preschool upbringing and education- it is the part of the upbringing-educational system in B&H. Every child has the equal right of approach and equal possibilities of involvement in right upbringing and edu- cation without discrimination on any base. Equal approach and equal possibilities imply insurance of the equal conditions and opportunities for all, for beginning and continuing of further upbringing and education.2 1 I. Ivić, Upbringing of the children in early ages 2 General Law on preschool upbringing and education of Bosnia and Herzegovina 5 THE INSTITUTION OF HUMAN RIGHTS OMBUDSMEN OF BOSNIA AND HERZEGOVINA II Methodology Analysis of the conditions in the area of preschool upbringing and education is a result of the direct communication and data that were delivered from the entity and cantonal ministries of edu- cation, science, culture and sport and the Department for education of Brčko District B&H. Analysis of the legal frame in the area in which the preschool institutions are functioning, visitation of the institutions and revision of the relevant documentation represent the framework of the analysis. In order to get the data, a questionnaire that was delivered to the relevant institutions was made. Modi- fied questionnaire is used for the needs of structural interview of the supervisors and employees of the institutions that were visited. Legal frame has comprised international standards, first of all Convention on rights of the child, Convention on rights of the persons with impairment, recommendations of the UN comity directed towards B&H after contemplation of the report on application of the Convention; Constitution of the B&H, Constitutions of the entities and Statute of BD B&H, Laws on social, health and legal area in B&H, entities and BD B&H. During the visitations to the preschool institutions an interview was conducted with the man- agement of the institutions, as well as, tour through the rooms where children were staying. During the preparations of visitations to the institutions, consultative meetings were held with the repre- sentatives of the department of the ministry, data of the number of public and private preschool institutions in entities, cantons and BD B&H, were also asked for. Department of the ministries, as well as the institutions, that were included in the research, were informed of the purpose and the goals of the research, as well as, of the dates of visits.