No. 07-00-304/2026-02 Date: 8.4.2026
GOVERNMENT OF THE REPUBLIC OF SERBIA
Đuro Macut, President
11000 Beograd
Nemanjina 11
Dear Mr. Macut,
The Commissioner for the Protection of Equality has received a letter from a civil society organization highlighting the unfavorable position of recipients of monetary social assistance in exercising their right to free textbooks. As stated in the submission to the Commissioner, the rule that assistance is paid for only nine months a year creates a bureaucratic gap. During the three-month pause, families formally lack documentation confirming their beneficiary status, preventing their children from accessing free textbooks despite their ongoing social need. As emphasized in the letter, the formal requirement (possession of a current decision) prevents the most vulnerable children from exercising their right to education under equal conditions.
On this occasion, we welcome the efforts of the Government of the Republic of Serbia to ensure the availability of free textbooks, as well as the adoption of the Government Decision on financing the procurement of textbooks from the budget of the Republic of Serbia for the 2025/2026 school year[1], which stipulates that the right to receive textbooks financed from the state budget is granted, inter alia, to students from socially and/or materially disadvantaged families (beneficiaries of monetary social assistance). According to the information available on the website of the Ministry of Education of the Republic of Serbia, as proof of eligibility, students from socially and/or materially disadvantaged families –beneficiaries of monetary social assistance – are required to submit a copy of the decision establishing their entitlement to social financial assistance.[2]
In practice, however, a significant number of families who are in a state of social need exercise the right to monetary social assistance in cycles (for example, nine months with a mandatory break), which leads to situations where, at the time of applying for free textbooks, they do not formally possess a valid decision, although they remain continuously socially vulnerable. The Law on Social Protection stipulates that an individual who is capable of work, or a family in which the majority of members are capable of work, is entitled to monetary social assistance for up to nine months during a calendar year, provided they meet the conditions prescribed by this law. [3]
Such a solution may lead to an unequal position of children from the most vulnerable families, as the right to free textbooks is conditioned by their current formal status rather than their actual and continuous social and material circumstances. Consequently, children who are most in need of this measure may be excluded from its scope.
The Commissioner for the Protection of Equality points out that the right to education is guaranteed by the Constitution of the Republic of Serbia[4] as a universal human right enjoyed by everyone (Article 71, paragraph 1). The constitutional regime governing rights related to different levels of education is differentiated. Primary education is compulsory. In accordance with this status, the Constitution provides that primary education is also free (paragraph 2). Secondary education is not compulsory, but the Constitution also guarantees free education at this level (paragraph 2). For higher education, the Constitution guarantees everyone only the right to equal access to this level of education (paragraph 3). Free higher education is not a right. It is a special measure provided by the Constitution, regulating the possibility for the State to ensure free education also at this level for successful and gifted students of lower socio-economic status, thereby effectively securing equal opportunities for access to higher education (paragraph 3).
Before the Constitution and the law, all are equal. Any direct or indirect discrimination is prohibited on any grounds, and in particular on grounds of race, sex, national affiliation, social origin, birth, religion, political or other belief, property status, culture, language, age, and mental or physical disability.[5]
The constitutional prohibition of discrimination is further elaborated in the Law on the Prohibition of Discrimination, which defines discrimination as any unjustified differentiation or unequal treatment, or omission (exclusion, limitation, or granting of preference), in relation to individuals or groups, as well as members of their families or persons close to them, in an open or covert manner, based on race, skin color, ancestry, citizenship, national affiliation or ethnic origin, language, religious or political beliefs, sex, gender, gender identity, sexual orientation, sex characteristics, level of income, property status, birth, genetic characteristics, health condition, disability, marital and family status, criminal record, age, appearance, membership in political, trade union, or other organizations, and other real or assumed personal characteristics[6]. Article 19, paragraph 1 of the same Law stipulates that everyone has the right to pre-school, primary, secondary, and higher education, as well as vocational training, under equal conditions, in accordance with the law. Article 33, paragraph 1, item 9 of the Law provides that the Commissioner for the Protection of Equality issues recommendations of measures to public authorities and other persons for the realization of equality and protection against discrimination.
The Republic of Serbia ratified the Convention on the Rights of the Child[7] in 1990, one of whose general principles is the principle of non-discrimination. The right to non-discrimination obliges States Parties to ensure that all rights guaranteed under the Convention are provided to every child without any discrimination and irrespective of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth, or other status of the child, or of the child’s parents or legal guardians. The best interests of the child are one of the guiding principles of the Convention and must be a primary consideration in all activities concerning children. Article 28 provides that the child has, inter alia, the right to education, and that the State is obliged to ensure compulsory and free primary education for all, to make educational and vocational information and guidance accessible to all children, and to take measures to encourage regular school attendance and reduce dropout rates.
The Law on the Foundations of the Education System[8], in Article 7, sets out the general principles of education and upbringing. Accordingly, the education and upbringing system must ensure, for all children, pupils, and adults, equality and accessibility in exercising the right to education and upbringing based on social justice and the principle of equal opportunities without discrimination.
Article 10, paragraph 1 of the Law on Textbooks[9] provides that the Government, in accordance with the available budgetary resources of the Republic of Serbia, for the purpose of enabling equal access to education and upbringing, shall adopt a decision on the financing of the preparation and/or procurement and distribution, or co-financing of the preparation and/or procurement and distribution of textbooks and manuals, particularly for pupils and learners who are socially and materially disadvantaged, as well as for pupils with developmental disabilities or other forms of disability.
The Commissioner for the Protection of Equality points out that the Education Development Strategy in the Republic of Serbia until 2030[10] stipulates that the vision for the development of education is to ensure high-quality education in order to achieve the full potential of the population, and in particular of every child and young person in the Republic of Serbia, while the mission of education is to provide high-quality education that serves the development of society as a whole.
The Strategy further states that one of the strategic commitments of the Government of the Republic of Serbia is to ensure high-quality education for all citizens through openness, fairness, accessibility, and the democratization of education, with particular attention devoted to ensuring equal opportunities for all children. Providing systemic support to students throughout their educational pathway is a priority, with a special focus on those coming from non-stimulating environments and vulnerable social groups.[11]
In the section of the Strategy titled “Description of the Current Situation – Key Data and Analysis,” it is noted that a question requiring further consideration is whether current financial investments in education are sufficient to ensure the desired and sustainable social and economic development. In this regard, it is stated that it should be taken into account that in recent years, almost all European Union countries have increased allocations for pre-school, primary, and secondary education, while allocations for higher education have slightly decreased.
It is concluded that in the future it is necessary to increase financial resources allocated to education, and that a reduction in budgetary allocations for education should not occur, as education is of strategic importance for the further economic and social development of the Republic of Serbia.
Starting from the above, and taking into account that in the present case the requirement of possessing a valid decision at the time of application for free textbooks represents an apparently neutral criterion that disproportionately affects children from families receiving monetary social assistance, the Commissioner for the Protection of Equality, in accordance with Article 33, paragraph 1, item 9 of the Law on the Prohibition of Discrimination, recommends that the Government of the Republic of Serbia consider:
– amendment of normative acts so that the condition for awarding free textbooks is that individuals submit a certificate confirming that they were beneficiaries of social assistance in the period of six months prior to submitting the application;
– introduction of the possibility of proving continuity of social vulnerability (e.g. on the basis of data from the social welfare centre regarding the exercise of rights in the previous period);
– or defining criteria based on the overall social and material situation of the family, rather than exclusively on a valid decision at the time of application.
The aim of these amendments is to ensure full accessibility of the free textbooks measure to the children for whom it is intended, as well as to prevent the emergence of inequalities in access to education based on property status.
The Commissioner remains available for further cooperation in order to improve existing solutions, with particular attention to vulnerable groups for whom this measure is intended.
Yours sincerely,
COMMISSIONER FOR THE PROTECTION OF EQUALITY
Milan Antonijević
[1] “Official Gazette of the Republic of Serbia, No. 48/25.”
[2] https://prosveta.gov.rs/prosveta/udzbenici/besplatni-udzbenici/?utm_source=chatgpt.com
[3] Law on Social Protection (“Official Gazette of the Republic of Serbia, Nos. 24/11 and 117/22 – Constitutional Court decision), Article 85, paragraph 3.
[4] “Official Gazette of the Republic of Serbia”, No. 98/06 and 115/21, Article 71.
[5] Constitution of the Republic of Serbia (“Official Gazette of the Republic of Serbia”, Nos. 98/06 and 115/21), Article 21, paragraph 1 and paragraph 3.
[6] Law on the Prohibition of Discrimination (“Official Gazette of the Republic of Serbia”, Nos. 22/09 and 52/21), Article 2, paragraph 1, item 1.
[7] Law on Ratification of the UN Convention on the Rights of the Child (“Official Gazette of SFRY – International Treaties”, No. 15/90 and “Official Gazette of FRY – International Treaties”, Nos. 4/96 and 2/97).
[8] “Official Gazette of the Republic of Serbia”, Nos. 88/17, 27/18 – other law, 10/19, 27/18 – other law, 6/20, 129/21, 92/23 and 19/25
[9] “Official Gazette of the Republic of Serbia”, Nos. 27/18, 92/23 and 109/25
[10] “Official Gazette of the Republic of Serbia”, No. 63/21
[11] chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://prosveta.gov.rs/wp-content/uploads/2021/11/1-SROVRS-2030_MASTER_0402_V1.pdf
COMMISSIONER FOR THE PROTECTION OF EQUALITY
Milan Antonijević
