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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations.
Bulgaria - 9th Session - 2010
4th November, 9am to 12pm
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National Report
Compilation of UN information
Summary of Stakeholder information
Accepted and rejected recommendations
22. The legal system of Bulgaria is based on the core UN international instruments of human rights, in particular the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights, International Convention on the Elimination of All Forms of Racial Discrimination, Convention on the Elimination of All Forms of Discrimination against Women, Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment and Convention on the Rights of the Child.
34. As far as law-making is concerned, the human rights issues are dealt with by the Parliamentary Commissions of the National Assembly, which include the Law Commission, the Commission on Human Rights and Religious Denominations, Citizens’ Complaints and Petitions, the Commission to Combat Corruption and Conflict of Interests, the Commission on Culture, Civil Society and Media, the Commission on Education, Sciences, Children, Young People and Sport, the Commission on Labour and Social Policies.
58. The State Agency for Child Protection was established in 2000 under the Law on Child Protection (LCP) by Council of Ministers Decree No. 226/30.10.2000. In accordance with the LCP the Agency is a specialized body of the Council of Ministers for guiding, coordinating and monitoring the implementation of the state policy for child protection. There is also a National Council on the Child Protection headed by the Agency’s Chairperson. (see Chapter III. Section D below).
62. Bulgaria has set up a national referral mechanism for victims of trafficking as well as a transnational referral mechanism to refer victims across countries. In cases of child trafficking there is a coordination mechanism for referral of minors.
94. In addition to the Constitution, there are legal guarantees for gender equality provided for in the Protection Against Discrimination Act, the Combating Trafficking in Human Beings Act, the Protection against Domestic Violence Act, the Law on Ombudsman, the Labour Code, the Employment Promotion Act, the Social Assistance Act, the Civil Service Act, the Social Security Code, the Civil Procedure Code, the Penal Code, the Penal Procedure Code, the Execution of Penalties Act, the Public Education Act, the Higher Education Act, the Safety and Health at Work Act, the Protection of the Child Act.
102. Bulgaria is a party to all core international instruments on the protection of the rights of the child.
103. With the ratification of the Convention on the Rights of the Child and the Optional Protocols thereto, Bulgaria adopted a consistent policy of aligning its domestic legislation with those fundamental international instruments. The Committee on the Rights of the Child considered the second periodic report of Bulgaria on 21 May 2008 and adopted the concluding recommendations to Bulgaria at its 42nd meeting, held on 6 June 2008.
104. In 2000 the National Assembly passed the Child Protection Act, which created conditions for carrying out a reform in the sphere of the care of all children in Bulgaria by creating a new institutional framework, which includes a central authority, namely, the State Agency for Child Protection, established in 2000.
105. The other protection authorities implementing the state policy in the sphere of child protection, are as follows: Minister of Labour and Social Policy, Minister of the Interior, Minister of Education, Youth and Science, Minister of Justice, Minister of Foreign Affairs, Minister of Culture, Minister of Health, and the municipality mayors.
106. The state policy for child protection is implemented on the basis of a National Strategy for Children 2008–2018, adopted by the National Assembly on a proposal by the Council of Ministers. The Strategy is a basis for the development of integrated policies aimed at guaranteeing the rights of the child in conformity with the established international standards.
107. In implementing this Strategy, the Council of Ministers approves annually a National Programme for Child Protection, which specifies the obligations of all state institutions to ensure respect for and protection of the rights of the child in Bulgaria in the best interests of the child. Protecting children against all forms of abuse, violence and exploitation, including protection from the worst forms of child labour, and reducing the number of institutionalized children, invariably figure among the main activities envisaged in all National Programmes, with provisions for specific implementing measures.
108. According to the Child Protection Act, the Chairperson of the State Agency for Child Protection is in charge of the direction, coordination and control of child protection. In this respect, the Agency Chairperson implements monitoring and control of respect for the rights of the child, as well as compliance with the effective standards for child protection. The Chairperson is also in charge of the coordination among state institutions in the implementation of the state policy for children.
109. A National Council for Child Protection has been set up with the State Agency for Child Protection. It is chaired by the Agency Chairperson and performs mainly consultative and coordinating functions. The National Council also represents one of the principal forms of cooperation between state institutions and the non-governmental sector in the development of effective policies for child protection.
110. A Council of Children has been set up with the State Agency for Child Protection since 2003. It consists of 35 representatives of children from the country’s all 28 administrative regions and non-governmental organizations for disadvantaged children. The Council presents the children’s viewpoint on issues related to child development.
111. A fundamentally new approach to the deinstitutionalization of child care was adopted at the end of 2009. A policy document entitled “Vision for Children’s Deinstitutionalization in the Republic of Bulgaria” was adopted. The document is consistent with the Guidelines for the Alternative Care of Children, adopted by the UN Committee on the Rights of the Child and approved by the UN General Assembly. The policy document is in line with the best interest of the child. It solicits support for families to create the best conditions for the development of children and promotion of their full potential.
112. The document sets a clear and categorical objective: closure of all child-care institutions within 15 years following the adoption of the document and prevention of placing and raising children up to 3 years of age in residential care, once the reform is completed. The foremost priority in implementing the document shall be the deinstitutionalization of children with disabilities, placed in special care homes, and of children with disabilities aged over 3, placed in medical and social care homes. The goal will be reached through the adoption of an Action Plan 2010–2020, listing specific measures.
113. The Constitution guarantees the right to education of everybody in Bulgaria, which includes compulsory school education until the age of 16. Primary and secondary education in public schools is free of charge. In principle, education in state universities is free of charge as well. The state encourages education by creating and financing schools, assisting talented pupils and students, and creating conditions for professional training and qualification.
124. Legislation ensures equal access to education and training of children and pupils with special educational needs, including mentally retarded and disabled children. Practical measures are directed at integrating education and reconstructing the network of special schools by shutting down some of them and reforming the activities of the rest. Until January 2010 there were 8305 children and pupils with special educational needs in kindergartens and schools. The normative requirements for the integrated education at such institutions are laid down in the National Education Act and its Regulations, the National Plan, the Integration of Retarded and Disabled Persons Act.
125. There is also the National Education and Youth Policies Development Programme for 2009–2013. It sets out the strategic priorities of the Ministry of Education, Youth and Sciences aimed at ensuring equal access to education and an open educational system.
129. The Labour Code explicitly guarantees that men and women shall be entitled to equal pay for equal or equitable work. Chapter XV provides for specialized protection for working women. There are also a number of measures protecting working expectant mothers. The Bulgarian labour legislation provides for maternity leave and leave for fathers, payment of maternity benefits, additional leaves for taking care of children under two years of age. There are special protection mechanisms against the dismissal of pregnant employed women. More protection for the right of employment in the labour legislation is given to persons with reduced working capability – temporary or permanent – during the employment, and regarding its termination as well.
138. Access to medical aid must be adequate and equal, with priority accorded to children, pregnant women and mothers with children up to one year.
167. The Government had adopted a number of strategic documents on Roma integration such as:
• Framework Programme for Equal Integration of Roma in Bulgarian Society, approved by the Council of Ministers in 1999. Its strategic aim is to overcome unequal treatment of Roma in society;
• Two National Plans (2003–2004 and 2006) of Action for further implementation of the Framework Programme for Equal Integration of Roma in Bulgarian Society constitute the mechanism for putting into effect a number of specific programmes for social integration of Roma. A number of projects have been started to lower unemployment among Roma and to increase their professional qualifications on the labour market. Special efforts were taken to achieve full integration in education of Roma children, to facilitate Roma access to health care services, etc. The Framework Programme also provides measures to ensure labour employment of Roma, reorganize the so-called Roma schools and react to cases of racist manifestations at school. There are also programmes for literacy and professional training of Roma grown-ups, protection of specific Roma identity and culture in Bulgaria, participation of Roma in national media, equality of Roma women, urban regulation of Roma communities etc;
• The new Framework Programme for Integration of Roma in Bulgarian Society (2010-2020), approved by the Council of Ministers on 12 May 2010, considers the Roma population as a community with large economic and social potential which may contribute to the development of Bulgarian society as a whole. It is a strategic document in compliance with the political framework of the EU for observing the principle of equal opportunities and non - discrimination for all citizens. The Programme coordinates activities of all state bodies for Roma integration as part of the overall national policy aiming at increasing the standard of living and guaranteeing equal opportunities for all.
171. Strategy for Educational Integration of Children and Pupils from Ethnic Minorities This strategy was approved in 2004 as part of the national educational system reform aimed at higher quality education for all children.
173. A Centre for Educational Integration of Children and Pupils from Ethnic Minorities was established by a Council of Ministers’ Decree in 2005, supporting the implementation of the Educational Integration Strategy. The Center develops finances and supports projects, focusing on the equal access to quality education and upbringing of ethnic minority children and pupils. It also aims at preserving and developing cultural identity of ethnic minority children and pupils, respect and cooperation in a common educational environment.
182. The Asylum and Refugees Act was amended in 2007 incorporating the EU legal norms concerning refugee status. In particular, there is a National Program for Integration of Refugees providing free education in Bulgarian as well as teaching in mother tongue at schools of migrant children. There is a special school programme for learning the Bulgarian language as well as vocational training.
1. In 2008, the Committee on the Rights of Child (CRC) recommended that Bulgaria ratify ICRMW, CED, CRPD and CRPD-OP, and OP-CAT.7 In 2009, the Committee on Elimination of Racial Discrimination (CERD) encouraged Bulgaria to consider ratifying ICRMW.
4. In 2008, CRC was concerned that some aspects of the legislation were not consistent with the Convention, for example, with regard to family life and fair trial; Child Protection Act did not cover all areas of the Convention; and legislation was not effectively implemented in all areas of child’s rights.
5. CRC noted with appreciation the adoption of the Combating of Trafficking of Persons Act in 2003. The ILO Committee of Experts on the Application of Conventions and Recommendations (ILO Committee of Experts) also noted with interest the adoption of this Act and the practical measures taken in this field.
9. In 2004, the Committee against Torture (CAT) welcomed the entry into force of the Law on the Ombudsman (2004). However, CRC regretted that the Ombudsman has not been accredited by the ICC. It was concerned that the Office of the Ombudsman had no specific mandate to monitor, promote and protect the rights of the child.
12. CRC commended the programme’s provision of free textbooks and meals for certain vulnerable groups of children. It also welcomed Bulgaria's declaration that education was a priority for governmental policy, however it did not see this reflected in the budget allocations for education, which were still low.
14. In 2007, ILO Committee of Experts noted the adoption of a National Action Plan for the Decade of Roma Inclusion (2005-15), which identifies education and employment as priority areas. Nevertheless, CRC was concerned that the Programme for Equal Integration of Roma into Bulgarian Society lacked adequate strategic approach and sufficient coordination. It recommended the provision of sufficient human resources, an adequate strategic approach, and effective coordination.
15. CRC urged Bulgaria to develop mechanisms to adequately implement and review all plans of actions that were relevant for children. While noting the increase in funds budgeted for child rights programmes, CRC was concerned about the inadequate annual State budget allocated for areas affecting children, which included health, education and social assistance. It recommended the prioritization of children’s rights and welfare in Bulgaria’s budget policy and a further increase in budget allocations for the implementation of the CRC, especially for health, education and family support.
16. CERD noted with satisfaction the measures taken, and programmes implemented for the integration of persons belonging to minorities, the upbringing and education of Roma children, the promotion of the mother tongues of ethnic minorities, and the prevention of discrimination by State officials and the police against persons from ethnic minorities.
21. CRC was concerned about the persistent discrimination against Roma children, children living in institutions, and children with disabilities, in particular with regard to access to education, health care and housing. CRC recommended that Bulgaria explicitly include specific provisions in its legislation to prohibit discrimination on the ground of disability, including in the Public Education Act. It urged Bulgaria to, inter alia, initiate campaigns aimed at addressing the negative attitudes towards the Roma in society at large, and strengthen its efforts to remove discrimination.
25. CRC expressed concern at the numerous allegations of children being ill-treated and the unavailability of data in this regard. It recommended that Bulgaria, inter alia, expand and facilitate children's ability to file complaints about ill-treatment in schools and detention centres, and ensure the prosecution of offences.
26. While noting that corporal punishment was unlawful in the home, schools, the penal system, alternative care settings, and employment, CRC was concerned that children were still victims of corporal punishment in all of the above-mentioned settings. It urged Bulgaria to enforce the ban on corporal punishment by, inter alia, promoting non-violent and participatory methods of child rearing and education, and bringing offenders before the competent administrative and judicial authorities.
27. CRC was concerned at the increase in the rate of children subjected to abuse, including psychological, physical and sexual abuse, and that only a negligible number of cases reached the courts. It recommended that Bulgaria, inter alia, develop and implement a comprehensive strategy for the prevention and reduction of child abuse and neglect, and prosecute and sentence perpetrators of these crimes.
29. CRC expressed concern at the inadequate conditions prevailing in prisons and detention centres, including overpopulation and poor living conditions. CAT was concerned about the poor material conditions of detention facilities.
30. In 2006, a joint communication was sent by Special Rapporteurs on the sale of children, on trafficking of persons, and on violence against women regarding the trafficking of newborns from Bulgaria to neighbouring countries. Pregnant women, mostly from the Roma communities, were allegedly induced to travel to another country for work, where their newborn babies would be taken away and sold by members of criminal organizations.
31. CRC remained concerned at the prevalence of human trafficking, especially of Roma children, young children and newborns. It encouraged Bulgaria to, inter alia, continue and strengthen its awareness-raising campaigns and to increase protection provided to victims of trafficking.
33. CRC was concerned at the increase in the rate of children subjected to sexual exploitation and abuse, and that a negligible number of cases reach the courts. It was also concerned that preventive measures against the exploitation of children, including prostitution, pornography and engagement of children in forced labour remained limited. It recommended that Bulgaria, inter alia, identify the extent and root causes of sexual exploitation of children in order to facilitate the implementation of effective strategies; take measures to prosecute perpetrators of sexual exploitation of children and child abuse; and implement appropriate policies and targeted programs for the prevention, recovery and social reintegration of child victims. CRC also encouraged Bulgaria to amend criminal law provisions so as to fully include all the offences regarding child prostitution and child pornography.
34. CRC was concerned that there were a high number of children, predominantly Roma, living on the streets, and that street children were often placed in specialized institutions. It urged Bulgaria to provide protection and assistance to street children and to elaborate and implement programmes to prevent children from leaving families and schools for the street.
35. In 2008, CRC expressed concern that Bulgaria did not establish juvenile courts or chambers within existing settlements, and that the deprivation of liberty was not used as a means of last resort. It also expressed concern at the definition of “anti-social behaviour” and the high percentage of children placed in correctional-educational institutions. It recommended that Bulgaria, inter alia, set up an adequate system of juvenile justice, including juvenile courts with specialized judges for children; use deprivation of liberty as a means of last resort, and amend the Criminal Procedural Code to withdraw the notion of anti-social behaviour.
38. CRC expressed concern at, inter alia, inadequate support provided to families with children, especially families in crisis situations, and the insufficient availability of family counselling services, parental education programmes, and professional staff trained to identify and address family problems.
39. While noting Bulgaria’s efforts to deinstitutionalize children and to improve the situation of children in institutions, CRC was concerned at the limited progress achieved in reducing the large number of children, especially Roma children, placed in institutions. Furthermore, it was concerned at the insufficient and inadequately trained personnel working within these institutions, the inadequate budgetary allocations, and reports that many children lacking parental care. In particular, abandoned children were apprehended and placed in the same closed facilities as children suspected or accused of criminal wrongdoing.
40. CRC was concerned at the insufficient numbers and inadequate training provided to foster families, which resulted in a high proportion of children still placed in institutions. It was also concerned that coordination within the care system and the periodic review of placement were not a regular practice in all alternative care placements.
41. CRC, while noting increased controls in the adoption process, was concerned about the insufficient resources provided to the central adoption authority, the high number of children awaiting adoption, and difficulties in placing Roma children. CRC recommended that Bulgaria strengthen the bodies dealing with the adoption process to, inter alia, ensure that Roma children are not discriminated against in the adoption process.
45. CRC welcomed the legislation restricting child labour and the development of a National Plan for Combating the Worst Forms of Child Labour. However, it was concerned at the large number of socially vulnerable children, especially Roma children, engaged in harmful and exploitative labour, particularly in agriculture, industry and domestic service. It recommended that Bulgaria, inter alia, introduce monitoring mechanisms to ensure the enforcement of labour laws and protect children from economic exploitation.
46. In 2008, the ILO Committee of Experts noted that the legislation granting work permission to persons under 18 years did not cover self-employed children. It requested Bulgaria to indicate the measures taken or envisaged to ensure the protection of self-employed children under 18 years.
50. In 2008, CRC remained concerned at the limited and inequitable access to adequate health-care services, especially for Roma children and children in rural areas, reflected, inter alia, in the relatively high infant mortality rate, and segregation of Roma patients in hospitals. It recommended that Bulgaria, inter alia, develop a comprehensive programme to improve mother and child health, ensure that the Roma population and other vulnerable groups have equitable access to health services, and take steps to end segregation in hospitals.
51. UNICEF noted that in areas with predominantly Roma or Turkish minority populations, the mortality rates of children under the age of five were twice the national average. UNDP mentioned that underweight births were far more frequent among socially disadvantaged groups and adolescent mothers. UNICEF indicated that vaccination coverage was above 96 per cent, except among Roma children, and 5 per cent of Roma children were not immunized against vaccine-preventable diseases.
52. CRC was concerned about the high rate of early pregnancies and the high abortion rate among adolescents. Furthermore, it was concerned that the legal minimum age for medical treatment without parental consent was set at 16 years.
53. UNICEF mentioned that incidence of HIV/AIDS was low, but there was little public awareness of how the virus is spread, especially in rural communities. Nevertheless, CRC was concerned at the increase in the rates of sexually transmitted diseases (STDs), particularly syphilis and HIV/AIDS, amongst adolescents. It recommended that Bulgaria, strengthen its preventive efforts by conducting campaigns and educational programmes, particularly within schools, in order to raise awareness on STDs and prevention methods.
56. CRC noted that a large percentage of the population, especially children under 15 years, and Roma and Turkish children lived in poverty and social isolation, and were deprived of equal opportunities and access to essential services. UNDP indicated that the Roma community continued to face several combined poverty risks stemming from low education, unemployment, poor housing and living conditions, life in underdeveloped rural regions, and large households. CRC recommended that Bulgaria reinforce its efforts to alleviate poverty and to ensure support and material assistance with particular focus on the most marginalised and disadvantaged children and their families.
57. UNICEF stated that primary school enrolment rates were above 95 per cent, except among the Roma community.102 UNDP also referred to the high enrolment rate in primary education (97.8 per cent for elementary school and 83.7 per cent for junior high school).
58. Human Rights Education was included in the National Educational Requirements for “civic education,” an interdisciplinary element of mandatory general education in schools. However, CRC expressed concern that, inter alia, human rights and the child’s rights were still not included in the curricula at all education levels.
59. UNDP referred to studies indicating that the quality of education in elementary schools was very good, but dropped in junior high schools. It stated that factors such as, inter alia, lack of an independent system to evaluate the quality of education, and ineffective teachers’ qualification and career development system had a direct impact on the quality of education. CRC also expressed concern about the quality of education and recommended that it be improved it by, inter alia, the introduction of interactive teaching methods and teacher training.
60. CRC noted that the high drop-out rates were not decreasing and that over 25 per cent of the children in rural areas did not even finish 8th grade. UNDP noted disparities in terms of school attendance and quality of education for children living in cities and those in rural regions. Disparity was particularly noted for children from high mountain villages, who study in mixed classes in which 1st to 4th grade pupils are grouped together, and where children could not attend school regularly in winter, due to poor infrastructure.
61. UNDP noted that the highest number of children outside the educational system, and the highest percentage of dropouts belong to the Roma minority. UNICEF noted that nearly three quarters of school dropouts were Roma children.
62. CRC noted Bulgaria’s efforts to better integrate Roma children in mainstream schools, but it remained concerned at the limited success of the efforts. UNDP noted that Roma children accounted for more than 50 per cent of students in segregated schools. However, it also noted data indicating a growing inclusion of Roma members in mainstream education over the past couple of years. CERD was concerned about the former practice of placing Roma children in special schools reserved for children with disabilities. CRC recommended that Bulgaria strengthen its efforts to integrate Roma children into the general school system by, inter alia, enhanced teacher training and appropriate teaching and learning methods.
63. In 2009, the Special Rapporteur on the right to education transmitted a communication concerning children with disabilities who received no effective education due to disability-based discrimination. It was reported that a very limited number of children living in Homes for Mentally Disabled Children (HMDC) were enrolled in schools and that mainstream schools were not adapted to accommodate these children’s needs. The educational system allegedly denied these children the right to education and the denial was discriminatory. The Government responded that, inter alia, it has made a concerted effort to implement policies on the issue, and that the situation had improved since 2005.
64. CRC was concerned at the ongoing shortage of resources for the development of educational, social and health services for children with disabilities in their own living environment. It was also concerned that many children with disabilities were still regarded as uneducable, and lived in special boarding schools which did not receive additional resources to assist these children appropriately. CRC recommended that Bulgaria, inter alia, include children with disabilities in the general school system and reduce the number of schools for children with special educational needs to the unavoidable minimum.
74. In 2008, CRC was concerned at the reported corruption in Bulgaria. In a 2008 report, United Nations Office on Drugs and Crime noted that corruption was considered the main social problem in Bulgaria, and referred to a study suggesting that corruption was on the increase, and that the majority of cases remained unresolved.
77. CRC recommended that Bulgaria seek technical cooperation from various UN agencies with regard to implementing the recommendations of the United Nations Study on violence against children, establishing a juvenile justice system, effective prevention in the areas covered by OP-CRC-SC, and implementing awareness-raising campaigns on all areas covered by the Optional Protocol.
5. ILGA stated that the national law did not recognise same-sex marriage or any other same-sex partnership and consequently did not recognise the relation between children and parents in families of lesbian, gay, bisexual, and transgender people. It urged Bulgaria to ensure that legislation and policy recognise the diversity of family forms.
12. While noting a number of measures implemented by Bulgaria to improve the integration of Roma children in schools, ECRI indicated that a long-term strategy for school integration of Roma children was yet to be devised and that the impact of the numerous programmes and action plans regarding this issue was yet to be seen. ECRI recommended coordinating and implementing the various programmes and action plans more effectively and ensuring their funding from the State budget.
14. ILGA urged Bulgaria to eliminate and prohibit discrimination on the basis of gender identity in public and private employment. It also urged Bulgaria to ensure that families with lesbian, gay, bisexual, and transgender parents were not subjected to discrimination on the basis of sexual orientation or gender identity of any of it members.
19. NCC stated that there were no clearly defined rules for identification and registration of cases of violence against children, as well as no policies in relation to the establishment of a secure and safe environment for children. NNC recommended that Bulgaria provide clearly defined mechanisms for identification of cases of violence against children.
28. CPT stated that a number of juveniles alleged that they had not been allowed to contact their parents for several days after being apprehended. Further, it appeared that they had been questioned and made to sign statements admitting to criminal offences without the benefit of the assistance of a person of trust or a lawyer. It recommended that juveniles detained by police should be effectively guaranteed the right to inform a family member or guardian of their situation, and that these juveniles should not make any statements or sign any documents related to the alleged offence without the benefit of a lawyer.
29. BHC stated that children can be sanctioned for anti-social behaviour. However, the legislation did not provide for a precise definition of ‘anti-social behaviour’ and the sanctioning procedure lacked due process guarantees. BHC indicated that CRC recommended abandoning the “anti-social behaviour” process, in favour of the setting-up of juvenile courts for children over the age of fourteen. Cases of children under the age of fourteen should be addressed outside the criminal justice system through social and protective mechanisms. According to BHC, Bulgaria has not implemented this recommendation.
30. NCC stated that the current system dealing with the behaviour of children was inefficient and was characterized by an absence of a specialized training of nearly all the professionals involved in it. It recommended (1) adoption of new legislation in relation to youth justice, based on international standards, where cases were handled by specially trained professionals in conditions appropriate to the child; and (2) development of a system of youth justice that allows for the participation of NGOs, foster families, and centres for treatment programmes.
33. NNC stated that there were very few adoptions of children, the adoption process was fragmented, and there was a lack of adequate services for the adopted children and the adoptive parents. It recommended the development of programmes for fostering a positive and supportive attitude towards adoption, and the regulation of obligatory training and post adoption support for adoptive parents.
34. NNC stated that the practice of “secrecy of adoption” where the origin and the family ties of the children were hidden and/or erased from their dossiers, violated the rights of the adopted children. NNC recommended that a legal prohibition of this practice would guarantee the rights of adopted children to know their origins.
50. NNC indicated that social services for children and families continued to be unsatisfactory and that the situation was exceptionally serious in the small-populated areas where children and families had little access to these services. It stated that social workers responsible for child protection had a case-load well above the number of cases prescribed by European standards, and that the quality of social services were frequently unsatisfactory. NCC recommended that Bulgaria review the child protection system and ensure adequate capacity for its effective functioning.
54. NNC stated that methods for early diagnoses of illnesses in medical facilities – including in the prenatal stage- were outdated. It recommended programmes that would educate medical staff about the modern methods of diagnosis, treatment and rehabilitation of children with disabilities, and that would also open clinical paths for effective treatment and rehabilitation of children.
58. NNC stated that a significant number of the children in institutions were under the age of one year and that this was in conflict with the United Nations Guidelines for the Alternative Care of Children, which provided that children under the age of three years should be cared for in family-based settings. It recommended that Bulgaria commit to discontinuing the practice of leaving children in institutions, to taking measures to prevent the abandonment of children, and to introduce an effective system of support to families.
60. MDAC stated that thousands of children with intellectual disabilities were denied their right to education, due to disability based discrimination. NNC recommended that educational institutions be adapted to meet the needs of children with disabilities. It also recommended that general education schools and kindergartens should be encouraged to admit children with special educational needs and their teachers should be trained to teach these children.
61. BHC indicated that most of the Roma children were schooled in territorially segregated schools. PACE noted that the segregated schools, which were in charge of the education of 70 percent of Roma children, have poorer infrastructure and less resources and materials than that of mainstream schools. NNC stated that Roma children had the highest school drop-out rate. It also noted the low percentage of participation of Roma children in the pre-school education. STP stated that a larger investment by Bulgaria in inclusive and quality education for Roma children, including early childhood education and lifelong learning opportunities for Roma adults was required.
62. BHC mentioned that despite not having any disabilities, some Roma children were placed in special schools for children with disabilities. ECRI urged Bulgaria to take steps to remove Roma children who are not handicapped from specialised establishments. It recommended taking steps to avoid such placements in future.
Accepted and Rejected Recommendations
The following recommendations were accepted:
A - 80.15. Establish urgently procedures/mechanisms at the central and local levels to ensure the health and safety of all children in institutions, including a child ombudsman at the national or regional level (Norway);
A - 80.19. Continue pursuing appropriate policies and programmes to accommodate the needs of mentally disabled children (Slovakia);
A - 80.25. Ensure continued emphasis on children's rights and welfare in Bulgaria's budget policy and consider increasing budget allocations for the implementation of the CRC, including in the areas of health, education and family support (Malaysia);
A - 80.50. Put in place sound policies to ensure a safer environment for children, and implement a more effective system for addressing cases of violence against children (Indonesia);
A - 80.51. Implement policies to prevent and detect cases of child abuse, as well as to ensure accountability and the rehabilitation of child victims (Brazil);
A - 80.52. Further enhance measures to prevent the exploitation of children for the purposes of prostitution and pornography, as well as to prosecute persons who are guilty of the exploitation or ill treatment of children (Belarus);
A - 80.56. Strengthen awareness-raising campaigns aimed at preventing human trafficking, and increase the protection provided to victims, notably children and newborns, including those of Roma origin, in line with the recommendations of the Committee on the Rights of the Child (Mexico);
A - 80.57. Further develop preventive measures to combat trafficking in human beings, with a special emphasis on children, newborn and pregnant women, as well as strengthen the national referral system and increase the number of centres for victims of trafficking (Republic of Moldova);
A - 80.58. Bring to justice the persons and social institutions for children responsible for 238 reported unaccounted deaths in the period 2000–2010 (Norway);
A - 80.67. Create an effective juvenile justice system in order to defend children's rights (Hungary);
A - 80.70. Set up a policy specifically aimed at reducing the number of Roma children placed without valid reasons in establishments for children with disabilities or in rehabilitation centres (Canada);
A - 80.71. Rapidly close social institutions for children and find appropriate solutions for children who cannot live with their families (Norway);
A - 80.72. Allocate sufficient and, if necessary, additional resources for the recruitment and training of personnel in children's institutions, and intensify efforts to raise the number of foster families and provide them with adequate training for foster care (Netherlands);
A - 80.73. Increase the training and staffing levels of institutions for children, improve oversight, and implement incentives to attract higher-quality candidates to fill positions at these institutions (United States);
A - 80.74. Undertake a comprehensive review of the child protection system, social assistance and family policies to ensure coordinated and efficient services (Austria);
A - 80.75. Provide sufficient resources for the effective functioning of the child protection system, including through training of social workers, standards to limit the case load per social worker and their adequate remuneration (Austria);
A - 80.76. Take steps to ensure the provision of appropriate support for parents and families at risk to prevent the abandonment of children (Austria);
A - 80.77. Take urgent steps to end the continuing practice of placing babies and young children under the age of 3 in institutionalized care, and ensure the availability of family-based alternatives (Austria);
A - 80.78. Strengthen efforts to implement the "Vision for Deinstitutionalization", specifically in the light of the United Nations Guidelines for the Alternative Care of Children (Austria);
A - 80.80. Take steps to end the practice of international adoptions where the adoptive applicants are matched with children without having been introduced or had any opportunity to build any relationship with a child prior to the adoption decision (Austria);
A - 80.88. Take further measures to combat poverty of elderly women, single mothers with children and women with disabilities (Norway);
A - 80.90. Identify a set of "universal social services" accessible to all children and families to provide an adequate standard of living (Austria);
A - 80.93. Ensure that Roma children are not sent to special schools for the disabled, but instead are schooled together with other Bulgarian children (Finland);
A - 80.94. Evaluate the need for tuition in a special school on the basis of the child's personal characteristics, not on his or her ethnicity (Finland);
A - 80.95. Avoid the practice of the school segregation of Roma children, for example with primary school teachers, who are speaking their mother tongue, with the objective of achieving an effective learning of the Bulgarian language and other subjects taught (Spain);
A - 80.96. Communicate more efficiently to Roma parents the importance of literacy and the positive effect of education on the children's future, and, in this task, use the help of school assistants with a Romani background (Finland);
A - 80.97. Guarantee that the implementation of the law on compulsory preschool education for all children, adopted by Parliament on 23 September, covers the Roma as well as other minorities (Finland);
A - 80.98. Continue its efforts on the issue of inclusion of children with disabilities in the general school system and reducing the number of schools for children with special educational needs (Slovenia);
A - 80.113. Assess the recommendation made by the Committee on the Rights of the Child with regard to seeking technical assistance from the United Nations, in order to implement the recommendations of the study on violence against children and the establishment of a juvenile justice system (Chile).
The following recommendations remain pending:
P - 80.79. Introduce legislation prohibiting secrecy in adoption and guaranteeing the right of the child to know his or her origins (Austria);
No recommendations were rejected.