LB-H-KJ-2008-782

Title:
LB-H-KJ-2008-782

Court/Judicial Body:
Hungarian Supreme Court

Date:
December 9, 2008

Instruments Cited:
Act XXXI of 1997 on the Protection Of the Child (Section 41: Assistance to working parents); Act XXXIX of 1993 on public education (Section 65: Admission to kindergarten)

Summary:
The parents of three children, the oldest of whom was of kindergarten age, applied for the child to be placed in a local kindergarten because the father worked in another city far away from their home. The head of the kindergarten denied the request because the institution was already full.

The court found that the denial of the child's admission to the kindergarten was well-founded. The Court of first instance stated that the fact that the father was not working in the city where the family lived did not in itself require that the child be accepted at the local kindergarten, especially because the mother was at home with the two other children and would therefore be able to take care of the child at home.

Excerpts
as translated by CRIN:
"Pursuant to Art. 41(1) of Act XXXI. of 1997 on the Protection Of the Child, the Sate shall provide child care appropriate to the child's age if the parents – due to their work, health condition or other reasons – are not able to ensure the child's daily care. The timing of the child care shall be adjusted to the work schedule of the parents. In addition, under Art. 41(2)(b), the child care must especially be provided to children raised by a single or elderly person, or if the child is being raised in a family of three of more children, except if the parent receives maternity benefit."

"Under Art. 65(2) of Act XXXIX of 1993 on public education, the child shall preferably be admitted to the kindergarten in the district of the child's domicile or the parent's workplace. The decision on admission is made by the director of the kindergarten, and if the number of applicants exceeds the number of children, the director can control the admission of children."

Citation:
LB-H-KJ-2008-782

This case summary is provided by the Child Rights International Network for educational and informational purposes only and should not be construed as legal advice.