PROTECTION OF THE RIGHTS OF THE CHILDREN –

FOCUS OF THE OMBUDSMAN

The cooperation of the First Children’s Embassy in the World Megjashi with the
Ombudsman office in the past 20 years has been related to numerous complaints, reactions and
problems that children have when exercising their rights.
The efforts of the Children’s Embassy Megjashi, to put the children on the top of the
political agendas, have obviously been assisted by the Ombudsman. To be honest, we are still far
from such a social agenda, but it is important that we strive together so the children will occupy
the place they deserve. With regards to the children, in the past period, Ombudsman has made
progress and takes and active part in resolving the key problems affecting the children in
Macedonia. The activities undertaken by the Ombudsman for educating children about their
rights and the way they can be protected are important if there is a violation, thereof. Children
need to know their role just as important is the education of the lawmakers and the public about
its role. The development of children’s awareness of the rights arising from the Convention on
the Rights of the Child and the ways of their protection, which the Ombudsman can make for the
children and the ways in which an appeal/ complaint can be submitted, is a significant activity of
the Ombudsman.
One should welcome the establishment of a separate department for the protection of the
children’s rights within the Ombudsman office, which we believe is the first step towards the
establishment of the Children’s Ombudsman. Having in mind that the Ombudsman protects the
constitutional and legal rights of the citizens which are violated by the state administration
bodies and other bodies and organizations with public authorizations, it is especially important
that with the establishment of this unit special attention is paid to the rights of children in several
areas of crucial importance, such as: the rights that the children exercise in the institutions for
care, education and education; rights exercised in specialized institutions for accommodation and
care, the exercise of parental rights when protection by centers for social protection is required,
children’s rights on the field of education, the rights of the children exercised in health care
institutions, children’s rights on the area of pension and disability insurance, children’s rights in
the case of actions of the internal affairs bodies… The Ombudsman faces the problems of the
children at risk: children on the street, children’s users of drugs, children with educational and
social problems… The Ombudsman does not remain silent in cases of Roma children, segregated
in special classes when enrolling in the first grade in primary and first year of the secondary
education… The ombudsman advocates educational institutions to create appropriate conditions
for high- quality education and realization of the right to free transportation of children in all
schools in the country.
The cooperation of the Children’s Embassy Megjashi with the Ombudsman becomes
more intense and more qualitative with every year. This can be confirmed not only through the
number of complaints we have jointly accepted upon, but also through various activities, such as
participation of the Ombudsman in the creation of the short- term and long- term operational
plans of the Children’s Embassy Megjashi. On the other hand, the Children’s Embassy Megjashi
in its direct and indirect contacts with the children informs them about the ways they can
exercise their rights and that the Ombudsman is a significant link in the protection so it can be
addressed directly as well as the ways they can contact it. An important activity of the
Ombudsman are its visits to schools, kindergartens, day care centers for children with special
needs, street children… since the direct contact is an extra motive so more children can think
about the essence of the existence of such an institution.
The research and the reports made by the Ombudsman in various spheres of the
protection of the rights of the child are of crucial importance not only for the situation of the
children in Macedonia, but also as a roadmap for the activities for which the civil society
organizations and the institutions in Macedonia should be directed. A concrete example of the
synergy in action is the special report on the situation with respect and realization of the right of
participation of the child in decision making in the secondary schools in the Republic of
Macedonia (2016). The Ombudsman recommended “… to undertake measures for the legal
regulation of the right to participation of the child/ student in the education system in the
Republic of Macedonia, to guarantee the right of association of the students aimed at protection
and realization of their rights and interests, in an inclusive and a comprehensive way that will
create realistic opportunities to hear the student’s opinion and ensure his participation in making
meaningful decisions on issues related to school life. “The analysis of the researched data is a
significant support for the initiative of the Youth Educational Forum in partnership with the
Coalition of youth organizations SEGA and the First Children’s Embassy in the World Megjashi
for amendments and supplements to the Law on Secondary Education, which would include high
school students in the decision- making process that directly affects them, it would increase the
transparency and activity of contributing to student- related processes, as well as democratizing
the process by introducing inclusions model of participation of all stakeholders.
The Ombudsman is a partner institution of the Children’s Embassy Megjashi in many
efforts to achieve a better world for children, such as the inclusion of all children in the
educational system. We think that only with joint effort with the Ombudsman, the institutions of
the system will be put into operation, primarily as guarantee that the rights of children are not
only a declarative commitment. The Ombudsman is appreciated as an institution that gives us
support in our goal and that is a more just world for children. It is an institution that recognizes
the real problems encountered by children and monitors their needs.
We see the role of the Ombudsman in a partnership relation with the civil sector, when it
is pushing the state institutions functionality, in order to implement the rights of children in
practice. It is an institution that recommends, suggests and directs how the institution should take
continuous measures for monitoring and work, in order to fully implement the protection of
children’s rights. The Ombudsman has a special role when giving recommendations to all
authorities, institutions, services and institutions to seriously undertake measures and provide
quality education for children, quality health care and medical treatment of children at risk,
children from vulnerable categories or families.
Particularly important are the efforts of the Ombudsman for meeting with the line
ministries, in order to make them improve the rights of the children. We know that this is
difficult taking into account our socio -political context, and due to insufficient information and
knowledge of some of the line ministries competent for guarding children’s rights. We believe
that establishing a special Ombudsman for children, the issue of children’s rights will be raised
on the pedestal of the social and political agenda in the Republic of Macedonia. Otherwise, no
matter how strong the efforts of the Ombudsman are, that is, the efforts of the Deputy
Ombudsman for Children’s Rights, the current situation of children (violations of children’s
rights in education, health, family, homes …) will continue.
Dragi Zmijanac МА
Founder and President of
the First Children’s Embassy in the World MEGJASHI