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Summary: General overview of Bulgaria's national legal provisions on children's rights, including guidance on how to conduct further research.
Status of the CRC in national law: Article 5(4) of the Bulgarian Constitution states that international treaties form part of domestic law and are superior in force than conflicting provisions of national legislation. National courts can apply and have applied the Convention on the Rights of the Child. Constitution: Chapter Two of the Constitution lays out the fundamental rights and duties of citizens, but contains no specific section on children’s rights. A small number of provisions mention children though they do not generally address children as right-holders: Art. 14 of the Constitution states that “[t]he family, motherhood and children shall enjoy the protection of the State and society”. Art. 47 prohibits discrimination towards children born out of wedlock and affords protection by the State and society to abandoned children. Art. 47(1) states that the raising and upbringing of children shall be a right and obligation of their parents and shall be assisted by the State. Legislation: There is no comprehensive or consolidated Children's Act or Code in Bulgarian law, though the Child Protection Act and the Family Code contain much of the law relevant to children. Other legislation of particular relevance to children includes, but is by no means limited to: Social Security Act (pub. State Gazette, issue 110 of 17 December 1999) Protection Against Domestic Violence Act (pub. State Gazette, issue 27 of 29 March 2005) Anti-Discrimination Act (pub. State Gazette, issue 86 of 30 September 2003) Anti-Trafficking in People Act (pub. State Gazette, issue 46 of 20 May 2003) Refugee and Asylum Seekers Act (pub. State Gazette, issue 34 of 31 May 2002) Health Insurance Act (pub. State Gazette, issue 70 of 19 June 1998) National Education Act (pub. State Gazette, issue 86 of 18 October 1991) Social security for Children Act (pub. State Gazette, issue 32 of 29 March 2002) Persons and the Family Act (pub. State Gazette, issue 182 of 9 August 1949) In 2012, the Bill for the Child Law Act was produced. It consolidates legislation concerning children, but also introduces reforms designed to reinforce the protection of children’s rights and compliance with the CRC. At the moment it is unclear when further steps towards adoption will be taken. Legal research: Case law: Case law research Compliance with the CRC In depth analysis The Committee also expressed concern about the high rates of early pregnancies and abortion, as well as the high incidence of drug, alcohol and tobacco use, and the increase of sexually transmitted infection rates, particularly syphilis and HIV/AIDS. The high age consent for medical treatment was also highlighted as a cause for concern. In the area of juvenile justice, the Committee criticised the lack of specialised juvenile courts and the practice of using deprivation of liberty as other than a measure of last resort. In terms of the obligation of the State to protect children from violence, the Committee found that the the ban on corporal punishment, although adequately provided for in legislation, was inconsistently enforced. Expressing alarm at the high proportion of children in institutional care, the Committee also recommended that the State review its policy on alternative care for children deprived of a family, in particular strengthening and expanding the foster care system. It is also necessary to address the high number of children waiting for adoption. In relation to this matter, major reforms have been carried out since a policy documents entitled “Vision for Children’s Deinstitutionalization in the Republic of Bulgaria”, containing the new approach to deinstitutionalisation was adopted at the end of 2009.
Bulgaria is a civil legal system. The primary sources of law in hierarchical order are the Constitution, international treaties and Acts of Parliament and subordinate legislation. The text of the Constitution is available in English on the National Assembly’s website (http://www.parliament.bg/en/const/). A selection of Codes and Acts of Parliament are available through the World Law Guide (http://www.lexadin.nl/wlg/legis/nofr/eur/lxwebul.htm). In addition, the GlobaLex initiative at New York University has published a guide to legal research in Bulgaria (http://www.nyulawglobal.org/Globalex/Bulgaria.htm) and the World Legal Information Institute (http://www.worldlii.org/bg/) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/bulgaria.php) provide a selection of legal and governmental resources.
CRC Jurisprudence
In Kerezov v Minister of Justice the Supreme Administrative Court of Bulgaria held that subordinate legislation on intercountry adoptions was compatible with the Constitution, Family Code and other primary legislation, as well as with the Convention on the Rights of the Child.
There is no doctrine of precedent in Bulgarian law, but it must be noted that the Constitutional Court gives binding decision on the interpretation of the Constitution and has the power to declare legislation anti-constitutional.
In its 2008 Concluding Observations, the Committee on the Rights of the Child noted that some aspects of the Child Protection Act 2000 do not comply with the Convention, in particular in the areas of family life and fair trial. The Act also did not cover all the rights enunciated in the Convention on the Rights of the Child, which is, therefore, only partially implementation in domestic law.
The Committee has expressed serious concern about the situation of children from minority backgrounds in Bulgaria, particularly Roma children, with regards to integration in schools and difficulties in placing them for national adoption.