The right to education is a constitutional right in Serbia further governed by a number of laws, primarily the Law on Basics of the Education System. Specific degrees of education are regulated by the Law on Primary Education, the Law on Secondary Education, and the Law on Higher Education.
Under the Law on Basics of the Education System, foreign nationals, stateless persons and persons applying for citizenship shall have the right to education on an equal footing and in the same manner as Serbian nationals. The Asylum Act also guarantees the right to education of asylum seekers and persons granted asylum. A person granted asylum is entitled to preschool, primary, secondary and higher education under the same conditions as citizens of Serbia. It is also important to highlight that primary school is free and mandatory, and that underage asylum seekers are to be ensured access to education immediately, and no later than three months from the date of asylum application. Secondary education is also free of charge, but is not prescribed as mandatory.
The Integration Decree foresees assistance by the Commissariat for Refugees and Migrations to persons recognised as refugees in entering the educational system. The Commissariat is to assist recognised refugees who are children and enrolled in pre-school, elementary and high-school education, as well as illiterate adults, who are to be enlisted in adult literacy programmes in cooperation with the Ministry of Education. The assistance provided to children includes provision of textbooks and education material, assistance in having foreign degrees recognised, learning support and financial support for engaging in extracurricular activities. However, the Government’s Decision failed to recognize persons seeking or granted asylum as a categories entitled to free of charge textbooks. Thus, the Integration Decree is not harmonized with the Government’s Decision governing free of charge textbook
The Professional Instruction on the Inclusion of Refugee/Asylum Seeker Students in the Education System of Serbia further regulates access to education for refugee children. If the refugee children have proof of prior education, the enrolment is made according to their age and level of education completed. On the other hand, if they do not have any proof of prior education, the enrolment is based on a test which has an aim to assess the level of their knowledge. For each student, the school is required to develop a Support Plan that should include the adaptation and stress management programme, the intensive Serbian language programme, individualised teaching activities programme, and the extracurricular activities programme.
The alignment of rights to higher education represents a novelty because refugees could have access to higher education thus far only under the conditions applicable to all other foreign citizens, including the school fees. Though the issue of validation of foreign diplomas potentially concerns all the recognized refugees, still their validation is the most wanted in the sectors where employment is conditioned by possession of an adequate license such as medicine or law practice. However, the problem regarding the validation lies in the fact that refugees must cover the costs of this process by themselves. For now, the costs of validation are covered by NGOs.
The Integration Decree also foresees Serbian language courses and courses of Serbian history, culture and constitutional order for persons recognized as refugees. Persons entitled to Serbian language courses are those who do not attend regular schools in Serbia, those who do, and persons older than 65. Persons not attending regular schools are entitled to 300 school periods of Serbian languages classes during a single school year, while those engaging in businesses requiring university education may be provided with another 100 periods in a school year. Persons attending school have the right to be provided an additional 140 school periods of Serbian language classes, whereas those above 65 are provided with 200 school periods of the Serbian language adapted to the needs of everyday communications. The courses may be provided at regular or foreign language schools, whereas the adapted Serbian language classes may likewise be provided by enterprises suggesting a suitable programme and capable of employing the required staff. The classes are to be provided in the area where these persons reside, and if this is not possible, transport costs are to be covered by the Commissariat.
The Commissariat is to enlist the person in question in a Serbian language course within two months of the decision to grant asylum becoming final. If the person does not attend the courses without good cause, they lose the right to new or additional language classes.
Concerning the study of Serbian culture, history and constitutional order, persons recognised as refugees are provided lessons that may, in total, last up to 30 hours annually. Again, if the person does not attend the classes, the Commissariat is not obliged to provide for new or additional ones.
The problems that arose in practice are related to all levels of education. For instance, a girl of Cameroonian origin was initially deprived of the possibility to receive subsidies form the City of Belgrade since she does not have Serbian citizenship. It took a year to secure her admission to a pre-school that was accompanied by the equal treatment as Serbian citizens in terms of the subsides. Also, the textbook for primary and secondary education are not free of charge for refugee and asylum seeking children. A study conducted by the BCHR found only 14% of refugee and asylum seeking children attended school regularly. The reasons for this poor statistics lies in the fact that a language barrier still represent a major obstacle in excercisising right to education effectivelly, but also the fact that the vast majority of children stay in Serbia temporariliy. And finally, the nostrification of foreign diplomas or inability to obtain them from the country of origin.
The conclusion that can be made is that access to education is more or less adequatelly guaranteed in the legal framewrok, but an entire set of problems still exists in practice. The UN Committee on the Elimination of Racial Discrimination (CERD) urged Serbia to facilitate more effective inclusion of children, including migrants, to be included in primary education.
 Official Gazzette, no. 88/17 and 27/18.
 Official Gazzette, no. 55/13, 101/17 and 27/18.
 Official Gazzette, no. 55/13, 101/17 and 27/18.
 Official Gazette, no. 88/17, 27/18 – other laws and 73/18.
 Article 3(5) Law on Basics of the Education System.
 Articles 55 and 64 Asylum Act.
 Article 64 Asylum Act.
 Article 55 (2) Asylum Act.
 Article 2(4) Integration Decree.
Article 6 Integration Decree.
 Decision on Financing Procurement of Textbooks from the Budget of the Republic of Serbia for School Year 2019/2020, No. 451–2660/19, RS Government (Belgrade, 21 March 2019), Official Gazette no. 22/19.
 Ministry of Education, Science and Technological Development Instruction No. 601-00–00042/17–2018 of May 2017.
 Ibid, pp. 1 and 2.
 Ibid. p. 2.
 Ibid, p. 3.
BCHR, The Right to Asylum in the Republic of Serbia 2018, 87-88.
 BCHR, The Right to Asylum in the Republic of Serbia 2019, 178,
 Article 4 Integration Decree.
 Article 5 Integration Decree.
 BCHR, The Right to Asylum in the Republic of Serbia 2019, 175-176.
 Ibid, 177.
 CERAD, Concluding Observations on the Combined Second, Third, Fourth and Fifth Periodic Reports of Serbia, 3 January 2018, CERD/C/Srb/Co/2–5, para. 27 (c).