Can parental rights be revoked because a child is absent from school – the answer of the educational ombudsman

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Parents are responsible for children getting a school education. Failure to fulfill this obligation may result in deprivation of parental rights. Educational ombudsman Serhii Gorbachev explained this in detail, referring to the current legislation. “In most cases, it is the failure of parents to fulfill their responsibilities that leads to the fact that children do not get an education, or get an improper education, have long breaks in education. Because there is a certain balance between the rights of the parents and the child, but the rights and interests of the child prevail over the rights parents,” he said. Photo: Andrew282/Depositphotos Duties of parents The main documents that regulate the rights and duties of parents are: Family Code of Ukraine; Law of Ukraine “On Education”; Law of Ukraine “On Protection of Childhood”; Law of Ukraine “On comprehensive general secondary education”. Parents should contribute to the child’s implementation of the educational program and the child’s achievement of the learning outcomes foreseen by the child. This is stated in Article 55 of the Law of Ukraine “On Education”. This document also contains an article on the rights and responsibilities of parents of students. It states that upbringing in the family is the primary basis for the development of a child as an individual. Parents have equal rights and responsibilities regarding the child’s education and development. The Law “On Comprehensive General Secondary Education” states that it is the parents who are responsible for their children’s completion of comprehensive secondary education. Responsibilities of children The law on education states that students must: fulfill the requirements of the educational program, not plagiarize, reach the standards of the level of education; respect the dignity, rights, freedoms and legitimate interests of all participants in the educational process, adhere to ethical standards; to treat one’s own health, the health of others, and the environment responsibly and carefully; to inform the management of the educational institution about the facts of bullying (harassment), etc. Ukrainian legislation does not specify the child’s responsibility: therefore, only parents are responsible for education. If parents do not fulfill this duty, fines can be applied to them (from UAH 850 to UAH 1,700 for the first time; from UAH 1,700 to UAH 5,100 for repeated applications). The Supreme Court issued a special resolution clarifying that due to non-fulfilment of their duties, they may be deprived of parental rights. This can be done if parents do not take care of – physical and spiritual development of the child; – training; – preparation for independent living; – do not provide the necessary nutrition; – do not provide medical care and treatment of the child, which negatively affects its physical development as a component of education; – do not communicate with the child in the amount necessary for his normal self-awareness; – do not give the child access to cultural and other spiritual values; – do not contribute to the child’s assimilation of generally accepted moral standards; – do not show interest in the inner world of the child; – do not create conditions for the child to receive an education. Serhii Gorbachev reminded that the Constitution stipulates that complete general secondary education is mandatory. If a child is absent from classes for 10 working days in a row for unknown or no good reasons, the educational institution informs the National Police and the Service for Children. In case of illness, the child must submit a certificate to the educational institution. If the student was at home under the supervision of his parents, the confirmation will be a statement from his father or mother. “Problematic acquisition of education by children who are abroad, since in most countries education in the school of the host country is mandatory, and students do not have the opportunity to join online lessons. Some of the children, in order not to have problems, were transferred by their parents to study in a family form of acquisition education or externship,” Serhiy Gorbachev explained. We will remind that in most countries where Ukrainian children were evacuated, studying in local schools is mandatory. Therefore, parents are also mainly responsible for the process. Read also: Shelter, security and video surveillance: the government approved the concept of security of educational institutions

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