The human rights watchdog has ruled that the government’s failure to provide preschool expense support for children with foreign nationalities constitutes discrimination.

The National Human Rights Commission said Tuesday that it conveyed a recommendation to the education minister on July 6 asking for measures to expand tuition support for infants so that immigrant children are not discriminated against.

Earlier, a civic group filed a complaint with the watchdog saying that a four-year-old boy from Kyrgyzstan and a five-year-old girl from Russia could not receive support from the education ministry because they were not citizens of South Korea, calling the treatment unfair.

In response, the ministry argued that related laws including the framework act on education stipulate that South Korean nationals are rights holders.

In order to provide such support for children of foreign nationalities, it said a legal basis and social consensus are necessary in consideration of the government's fiscal health as well as fairness in relation to other welfare services.

However, the rights commission said the reasons stated by the ministry, such as finances and fairness, are tasks to be sorted out with relevant agencies and do not stand as appropriate rationale to rule out aid for those children.

The watchdog also viewed financial support for kindergarten and nursery fees for three- to five-year-olds regardless of household income as giving equal opportunity in education to the youngest members of society.

It said that lack of adequate care for immigrant children can later add to social costs and hinder integration.