Families caring for children with the most severe forms of disabilities must not be placed in a position where they have to choose between financial support and their children’s right to development, socialization, and professional assistance. The Stevanović Law Office in Bijeljina, acting on behalf of a group of clients who have children with special needs, has launched an initiative to review the constitutionality of Article 36a, paragraph 1, of the Child Protection Law of Republika Srpska.

Attorney Miloš Stevanović, representing a group of families with children with developmental disabilities, initiated proceedings before the Constitutional Court of Republika Srpska, arguing that the existing legal framework raises serious questions concerning constitutionality, equality before the law, and the protection of families who provide daily care for children with the most severe forms of disabilities.

The initiative was prompted by the interpretation of Article 36a, paragraph 1, of the Child Protection Law, under which all four statutory conditions for entitlement to the parent-caregiver allowance must be met cumulatively, meaning simultaneously.

According to the Stevanović Law Office, such an interpretation may result in the denial of benefits to parents who provide daily care for children with the most severe forms of disabilities, even when a child has been assessed as having a 100% physical impairment and being completely dependent on the assistance of another person.

When a Few Hours of Day Care Become Grounds for Losing Financial Support

We consider particularly problematic the legal provision under which a parent may lose entitlement to the parent-caregiver allowance if their child is entitled to day care services under social welfare regulations.

In practice, this means that a child with a severe disability may spend several hours a day at a day care centre, where the child receives professional assistance, participates in developmental activities, and interacts with other children, while the parent may lose the allowance intended to support the child’s daily care.

However, a child’s attendance at a day care centre for two or three hours does not eliminate the need for parental care during the remainder of the day and throughout the night. Parents continue to perform almost all the caregiving, assistance, supervision, and support tasks necessary for the child’s daily life.

We believe that this legal framework places families at a direct disadvantage by forcing them to choose between their child’s right to socialization and professional support and the parent’s entitlement to an allowance for providing daily care.

Conflicting Judicial Interpretations Further Undermine Legal Certainty

One of the reasons for launching this initiative is that the competent courts have adopted differing legal interpretations regarding the application of Article 36a of the Child Protection Law.

The District Court in Bijeljina previously accepted an interpretation under which the statutory conditions were alternative, meaning that satisfying an applicable individual condition was sufficient.

However, in a judgment dated 20 August 2026, the Supreme Court of Republika Srpska adopted a different legal position, concluding that all prescribed conditions must be met simultaneously.

In the opinion of the Stevanović Law Office, such differences in the interpretation of the law, which may produce entirely opposite consequences for families with children with disabilities, raise serious concerns regarding legal certainty, predictability, and equality before the law.

The law must be clear, understandable, and applied consistently, particularly when it regulates the rights of society’s most vulnerable groups.

Families of Children with Special Needs Must Not Be Penalized for Accessing Support

The initiative specifically highlights constitutional guarantees of equality before the law, legal certainty, and special protection for children and individuals who are unable to care for themselves independently.

Our position is that a child’s entitlement to day care services and a parent’s entitlement to the parent-caregiver allowance cannot automatically be treated as mutually exclusive rights.

Day care services enable children to develop, socialize, and receive professional support. The parent-caregiver allowance, meanwhile, provides assistance to parents who, because of the intensive and daily demands of caring for their children, are often unable to work and earn a regular income.

We believe that this legal framework directly jeopardizes families raising children with the most severe forms of disabilities, as they may be denied financial support precisely when they need it most.

The state should encourage the inclusion of children with special needs in society rather than create circumstances in which parents must choose between their child’s development and their family’s financial security.

Request for Protection Before the Constitutional Court of Republika Srpska

Through this initiative, the Stevanović Law Office is asking the Constitutional Court of Republika Srpska to examine whether Article 36a, paragraph 1, of the Child Protection Law meets constitutional standards of clarity, equality before the law, and special protection for children with disabilities and their families.

Particular attention is drawn to the need to examine the constitutionality of the provision that excludes entitlement to the parent-caregiver allowance on the grounds that the child receives day care services.

Although the Constitutional Court of Republika Srpska has previously considered certain constitutional issues relating to this statutory provision, we believe that additional grounds justify a renewed constitutional review, particularly in light of differing judicial interpretations and the consequences that the application of the law has for families.

The Protection of Children and Families Must Take Precedence Over Administrative Formalism

The Stevanović Law Office believes that the protection of children with disabilities must not depend solely on the formal fulfilment of conditions that fail to reflect the actual needs of the child and their family.

Parents of children with the most severe forms of disabilities make extraordinary efforts every day to provide their children with a dignified life, appropriate care, and opportunities for development. Many are forced to give up professional opportunities, regular income, and a significant part of their own lives as a result.

For this reason, we believe that the legal system must recognize the actual needs of these families and provide them with appropriate and effective protection.

A child with a disability must not lose one form of support simply because they receive another. A parent who cares for their child every day must not be forced to choose between the child’s development and their family’s livelihood.

For these reasons, the Stevanović Law Office will continue to pursue all available legal remedies to protect the rights of children with special needs and their families.

We believe that the strength and humanity of a society are best reflected in the way it protects its most vulnerable members.

Stevanović Law Office
Bijeljina, 16 October 2026

Note: The constitutionality of the challenged statutory provision is a matter for the Constitutional Court of Republika Srpska to decide, in accordance with its constitutional jurisdiction.