After being addressed by the parents and considering allegations in the media that the “Dečji Dani” Preschool Institution, which includes 11 kindergartens, decided that, from May 8, children with allergies and other health problems do not receive adequate meals and that these meals are to be provided by their parents, the Commissioner for the Protection of Equality, Brankica Janković, states that such a decision would be discriminatory.

Providing nutrition is a legal obligation of preschool institutions, and passing this obligation on parents can be justified only in exceptional cases. The work of preschool institutions should be organized in such a way that it respects the individual needs of the child, including specifics related to nutrition. From the perspective of anti-discrimination regulations, it is unacceptable that children who are under a special diet are not provided with food that complies with specific requirements for any reason, because discrimination based on their health condition may occur. According to the parents, such a decision was made due to the lack of financial resources and personnel for the preparation and distribution of food, which cannot be justified, Janković states, and points out that financial resources are always more or less limited but can be substituted by their redistribution or the application of the principle of solidarity.

The Commissioner points out that in the Institution’s practice there were similar cases that were successfully resolved after opinions and recommendations were issued, which is why it is important not to reduce the achieved standards and the level of realized rights. The best interest of the child is an important principle proclaimed by the Convention on the Rights of the Child, which should be applied in all activities concerning children. Because of everything that has been reported, great caution is necessary when making all decisions related to children’s rights, which is why Commissioner Janković expects that this decision will be reviewed and harmonized with antidiscrimination regulations.