Судска заштита права детета на образовање у Републици Србији
Exercise and Protection of the Right of the Child to Education in Republic of Serbia

Author(s): Anđelija Tasić
Subject(s): Education, Law, Constitution, Jurisprudence, Family and social welfare
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Right to education; Procedural aspect; Civil procedure; The procedure for protection of children's rights;
Summary/Abstract: The focus of this paper is on the procedural aspects of the child's right to education. The author deals with the primarily judicial mechanisms that are available to the child to exercise one of the fundamental rights, which can determine its future life. Through the analysis of the provisions of the procedure for the protection of children's rights, prescribed by the Family Law and the relevant case law, the author examines the extent to which this procedure responds to the request to provide adequate protection of the child's right to education. At the same time, it has been noticed that the courts deal with protecting this right through the procedure for determining the alimony or changing the decision on alimony, sometimes entering into the assessments of the rationality of choosing a particular educational profile, type or place of schooling. Finally, children who consider themselves victims of discrimination based on certain personal characteristics have at their disposal the procedure for protection against discrimination prescribed by the Anti-Discrimination Act.

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