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[BUDAPEST/SOFIA/STRASBOURG, 13 October 2008] - For the first time in central and eastern Europe, the European Committee of Social Rights finds violations of the right to education (Article 17(2)) and the right to non-discrimination (Article E) of the Revised European Social Charter. The decision in the case of Mental Disability Advocacy Center v. Bulgaria criticises the Bulgarian government for actively depriving children with intellectual disabilities of education. In its landmark decision which was made public today, the European Committee of Social Rights responded to a 'collective complaint' under the European Social Charter which was lodged against Bulgaria by the Mental Disability Advocacy Center in February 2007. The Committee found evidence that the Bulgarian government failed to provide education for up to 3,000 children with intellectual disabilities living in so-called 'homes for mentally disabled children' across Bulgaria. Today's decision highlights the inadequacy of Bulgarian standards for inclusive education. It notes that legislation and policies remain unimplemented and unmonitored. Specifically, the European Committee on Social Rights notes that: A child placed in one of Bulgaria's 'homes for mentally disabled children' is needlessly segregated, denied any hope and assistance of entering and contributing to society, and will routinely suffer violations of basic human rights recognised under international law. These institutions are often located in remote rural areas and run by unqualified staff with little understanding of the needs or rights of children with intellectual and other types of disabilities. As a result, neglect - as well as physical, sexual and emotional abuse - is common. Human rights violations in these institutions have been commented on by numerous international organisations and have been widely documented, most recently by reports produced by the BBC, and France2. MDAC brought its case against Bulgaria to highlight government-sanctioned segregation and discrimination. It chose to bring the case against Bulgaria, but the situation remains similar in many European countries. Addressing the need for the Bulgarian government to bring its laws and services in line with the European Committee's decision, MDAC's Executive Director Oliver Lewis said, "To reverse the denial of these children's right to inclusive education and their right to live in the community, the Bulgarian government must now commit to a results-based action plan and allocate adequate funding to implement the plan." Krassimir Kanev, Executive Director of the BHC added, "Within Bulgaria there are a few fantastic examples of services run by civil society organisations which ensure that children with disabilities are included in the community and are provided with specialist assistance in regular schools. Our and other civil society organisations look forward to helping the government to ensure that the right to education is respected in relation to all children." Read analysis and recommendations here. Further information
pdf: http://www.crin.org/docs/ESCR_Bulgaria_MA.pdf