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Press statement | 30.07.2021

Determined inaccuracy and inconsistency in the actions of public authorities in resolving the employment status of the complainant

Human Rights Ombudsman of Bosnia and HerzegovinaHuman Rights Ombudsman of Bosnia and Herzegovina

The Ombudsman was addressed by the complainant, dissatisfied with the way in which her employment status was resolved by the authorities. The constant appeals to the Ombudsperson Institution indicate that the complainant considers that her rights have been violated, that everything is based on "good will" and answers in which there is no specific information. The complainant states that by Decision FZ PIO number: FZ4 /2/2-35-2-24951-4/19 of 26 June 2019, she was granted the II category of disability - changed working ability.

In the present case, the Ombudsmen found that there was a discrepancy between the decisions in force, which resolved the complainant's employment status, and the discrepancy between the decisions of the Ministry of Education, Science, Culture and Sports of Una-Sana Canton and the school as an employer. The Ministry adopts new Pedagogical norms and standards. However, no act has been harmonized with the new Pedagogical norms and standards, although more than 6 months have passed since their adoption. Pedagogical norms and standards cannot be observed and interpreted in isolation and selectively.

In accordance with existing regulations and the principle of good governance, the obligation of administrative bodies is to act exclusively according to the law, taking into account the exercise and protection of citizens' rights, and in this regard to provide professional and efficient answers to their requests. Administrative bodies are obliged, within their legally determined competencies, to act upon the requests of citizens in a consistent manner, respecting the justified and reasonable expectations that citizens have. If there are objective and decisive reasons for acting differently in a particular case, they must be justified. At the same time, any untimely action of public bodies and failure to act upon received requests is a violation of citizens' rights and an act of mismanagement. The fact that an administrative body does not have sufficient resources to perform its function, in terms of staff, space or equipment, must not be an obstacle to citizens in exercising their rights and protecting direct or indirect interests, and they cannot bear the consequences of these circumstances. to do everything in its power and competence to provide the means for the adequate performance of its function.

The standard of good governance does not allow inaction and passivity, but requires an active, engaged attitude towards performing tasks within its scope and legally performing those tasks in order to achieve the goal for which the body was given public authority. The bodies conducting the procedure are obliged to ensure the successful and quality realization and protection of the rights and legal interests of natural persons, legal entities and other parties.

The Ombudsmen are of the opinion that the Ministry of Education, Science, Culture and Sports of Una-Sana Canton and the Public Institution General Gymnasium “Bosanska Krupa”, as an employer, did not carry out the prescribed and necessary official actions in order to harmonize decisions and resolve the complainant's employment status. which was not committed by the complainant, which unequivocally indicates inaccuracy and inconsistency in conduct, and thus a violation of the principles of good administration and the rights of the complainant as a person whose ability to work has been changed.

The Ombudsmen issued a recommendation P-186/21 to the Ministry of Education, Science, Culture and Sports of the Una-Sana Canton and the Public Institution General Gymnasium "Bosanska Krupa" to immediately, without delay, take all actions within their competence to adopt and harmonize regulations. which defines the employment status of the complainant



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