Association Children of Light: The Law on Social Protection of RS is Discriminatory
Yesterday, on April 29, 2025, the first public forum within the project Improving the Position of Children

The first panel discussion was held at the Youth Center in Banja Luka as part of the project Improving the Status of Children with Developmental Disabilities and Their Parents, implemented with PRAGG support, and attended by more than 20 representatives of citizens and organizations of persons with disabilities.

Representatives of the Association Children of Light — Daniela Višnjić (legal advisor on the project), Olivera Davidović (MSc in Psychology/project coordinator), and Nikolina Klepić (BA in Psychology) — spoke about the work of the association, the project, and the planned activities in the coming period.

The aim of the forum was to inform the broader public about the topic and the planned initiatives.

The representatives shared that in the upcoming period, the association will focus heavily on providing legal support to its users, particularly to parent-caregivers who face challenges in securing their legal rights to the caregiver status. They confirmed their commitment to provide all parent-caregivers with free legal advice and assistance and invited them to reach out so this support can be realized.

They went on to highlight that the Law on Social Protection of Republika Srpska is discriminatory, as it strips parent-caregivers of their status once the child with autism reaches the age of 30. This, they stressed, is a serious oversight that violates the rights of both individuals with autism and other disabilities, as well as those of the caregivers who are fully committed to providing 24/7 care.

They also pointed out a discrepancy: in Republika Srpska, the monthly allowance for a parent-caregiver is 604 KM, whereas in the Federation of Bosnia and Herzegovina, it is significantly higher at 1,000 KM.

Dragana Kljajić, a law graduate and member of the PDP City Board in Banja Luka, joined the discussion. She noted that she had spent considerable time studying this matter from a legal perspective and emphasized that the provision setting age 30 as the cut-off point for caregiver status is completely unconstitutional. In September 2024, she personally filed a request to the Constitutional Court of RS to review the constitutionality of this provision and the broader Law on Social Protection.

The Children of Light Association also stated their intention to push for amendments to the law. They are preparing to collect 3,000 signatures to have the initiative considered by the National Assembly of Republika Srpska. In addition, they plan to submit their own appeal to the Constitutional Court regarding the caregiver status issue.

The forum also brought to light various inconsistent practices across local government units regarding these rights — inconsistencies that should not exist if the legal framework were adequately designed.

Another paradox was highlighted: once a parent-caregiver turns 65 — the typical retirement age — they lose their caregiver status. A proposed solution is for the RS Child Protection Fund’s commission to assess the caregiver's physical and mental ability to continue in the role.

This situation is seen as absurd, especially considering how easily medical certificates are issued for elderly citizens (well into their 80s or 90s) to renew driving licenses — a role far riskier to public safety than caregiving.

Despite being formally invited, no representatives from the Ministry of Health and Social Protection of RS attended the forum, revealing a troubling lack of social sensitivity. In contrast, the City of Banja Luka sent a number of professionals, and the mayor's advisor, Mrs. Adriana Basara, also attended and voiced support for improving the position of parent-caregivers.

The Association Children of Light is collaborating on all activities with partner organizations: Duga from Gradiška, Plavi balon from Prijedor, and Drugačiji svijet from Bijeljina.

The forum was also attended by representatives of organizations supporting efforts to improve the position of parent-caregivers and people with disabilities — Zajedno, Iskra, and the Alliance for Rare Diseases. All activities are supported and funded by the Embassy of Switzerland through the PRAGG Project (Proactive Citizens), which aims to promote active participation of citizens, especially the socially excluded, in advocacy and the creation of public policies through engagement in civil society organizations.