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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: _____________________________________________________________________ The Committee welcomes the fact that the State party’s legislation restricts child labour and that the State party has developed a National Plan for Combating the Worst Forms of Child Labour. However, the Committee is concerned at the still large number of socially vulnerable children, especially Roma children, engaged in harmful and exploitative labour, particularly in agriculture, industry and domestic service. Furthermore, the Committee is concerned that there are no adequate or recent disaggregated data on child labour. The Committee recommends that the State party: (a) Introduce monitoring mechanisms to ensure the enforcement of labour laws and protect children from economic exploitation; The Committee commends the State party for having set up within the SACP a data collection system which is active in eight regions of the country. However, the Committee regrets that disaggregated data on many areas of the Convention are not available such as on children victims of violence, children with disabilities, the situation of child labour, street children, economic and sexual exploitation, and marginalised children and that the State party does not have a centralised system of data collection. (Paragraph 18) UN Committee on Economic, Social and Cultural Rights The Committee is concerned that, despite the restriction of child labour by current legislation and the adoption of the National Plan for Combating the Worst Forms of Child Labour, the protection of self-employed children under 18 years is not guaranteed, and socially vulnerable children, especially Roma children, remain engaged in harmful and exploitative labour, particularly in agriculture, industry and domestic service. Furthermore, the Committee is concerned that there is no adequate or recent disaggregated data on child labour (arts. 3 and 10). Concluding Observations issued: 8 December 1999 The Committee requests the State party to provide information, in its fourth periodic report, on the phenomena of child labour, street children and domestic violence against women. (Paragraph 31). _____________________________________________________________________ UN Committee on the Rights of the Child (Concluding Observations, June 2008) The Committee is concerned at the persisting shortage of resources for the development of educational, social and health services for children with disabilities and their families in their own living environment. Furthermore, the Committee is concerned that children with disabilities are often placed in large residential institutions and that these institutions do not provide the professional competence and special equipment required. The Committee is also concerned at the lack of efforts to develop an effective monitoring and data collection systems on the situation in social care homes for children with disabilities, particularly with regard to the right of children with disabilities to education. The Committee is also concerned that Roma children with disabilities experience double discrimination. The Committee recommends that the State party, while taking into account the United Nations Standard Rules on the Equalisation of Opportunities for Persons with Disabilities (General Assembly resolution 48/96) and the Committee’s General Comment No. 9 (CRC/C/GC/9) on the rights of children with disabilities, take all necessary measures to: (a) Provide children with disabilities and their families with adequate support, including access to social protection to allow them to remain within their families; UN committee on Economic, Social and Cultural Rights The Committee is concerned about the reduced impact of existing plans and strategies on children with disabilities who are in institutions, and about the lack of services to prepare the integration into society of persons who leave institutional care. The Committee is also concerned at the lack of clarity on the legal status and on available alternatives for children without a family who leave institutional care (art. 10). UN Committee against Torture The Committee is concerned: The Committee takes note of the information provided in the State party's report on the right to redress, including financial compensation, for persons whose rights have been violated. However, the Committee regrets that not more information was provided on the actual implementation of redress to persons subjected to torture or ill-treatment, among others, to persons who have been interned in centres and homes for persons with mental disabilities, including a high number of children (art. 14). Universal Periodic Review (2010) A - 80.19. Continue pursuing appropriate policies and programmes to accommodate the needs of mentally disabled children (Slovakia); (accepted) 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); (accepted) A - 80.88. Take further measures to combat poverty of elderly women, single mothers with children and women with disabilities (Norway); (accepted) 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); (accepted) 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); (accepted) The Committee is deeply concerned about the high rate of early pregnancies and the high abortion rate among adolescents which indicates that abortion may be used as a method of contraception. Furthermore, the Committee is concerned that the legal minimum age for medical treatment without parental consent is set at 16 years and notes the limited availability of programmes and services in the area of adolescent health at school. The Committee is also concerned at the shortage of mental health services provided to children. The Committee recommends that the State party, taking into account the General Comment No. 4 on adolescent health and development (CRC/GC/2003/4) of 2003: (a) Take all necessary measures to provide adolescent reproductive health services and strengthen measures aimed at the prevention of early pregnancies through, inter alia, making a comprehensive range of contraceptives widely available, reproductive health education in schools and increasing knowledge about family planning; UN Committee on Economic, Social and Cultural Rights The Committee is concerned at the high frequency of teenage pregnancies, often leading teenage girls to drop out of school. The Committee is also concerned at the information received on high rates of infant and maternal mortality, and at the lack of detailed information on the causes of this problem (arts. 10 and 12). While noting the efforts undertaken by the State party to counter discrimination, including through the Law on Protection against Discrimination, the Committee is deeply concerned at the persistent discrimination against Roma children, as well as children living in institutions and children with disabilities, in particular with regard to access to education, healthcare and housing. The Committee is also concerned that, in spite of considerable international assistance, the programme for Equal Integration of Roma into Bulgarian Society lacks an adequate strategic approach and sufficient coordination. The Committee recommends that the State party: (a) Effectively ensure that all children within its jurisdiction enjoy the rights enshrined in the Convention without discrimination, in accordance with article 2 of the Convention by implementing the existing law; UN Committee on Economic, Social and Cultural Rights The Committee notes with concern that, despite the achievements of the State party in the field of education, high dropout rates persist, especially within disadvantaged and marginalised groups of the population. The Committee is also concerned at reports that Roma children and children with disabilities continue to be victims of segregation in the school system (art. 13). Concluding Observations issued: The Committee deplores the discrimination against the Roma minority in many aspects of life, including education, work, social benefits and access to land. The Committee is especially concerned about the high rate of unemployment among the Roma minority and the poor quality of education afforded to this group. (Paragraph 11). UN Committee on the Elimination of Racial Discrimination The Committee is concerned about the former practice of placing Roma children in special schools reserved for children with disabilities. Although the delegation describes some measures that have been taken to improve the situation of Roma children, the Committee is concerned about the very high rate of non-participation of those children in schools. The need to provide incentives for children to stay in school and to educate their parents as to the importance of continued schooling is emphasised. (Paragraph 245). Universal Periodic Review (2010) 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); (accepted) 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); (accepted) 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); (accepted) 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); (accepted) The Committee appreciates the measures taken to address rights and needs of street children such as the adoption of the National Strategy for Protection of the Rights of Children in the Street in 2003 and the awareness and information campaigns undertaken in this area. However, the Committee is concerned that there are still a high number of children, predominantly Roma, living on streets and that street children are often placed in specialised institutions. Furthermore, the Committee is concerned that these children are especially vulnerable to trafficking and economic and sexual exploitation. The Committee encourages the State party to continue its efforts in cooperation with relevant NGOs to fulfil the rights and needs of street children, to address the root causes and develop effective strategies to increase awareness about the rights of street children. Furthermore, the Committee urges the State party to provide protection and assistance to children currently living on the streets taking into account the views of these children. The State party is further urged to elaborate and implement programmes, on the basis of in-depth studies and analysis of the root causes , in order to prevent children from leaving families and schools for the street. (Paragraphs 61 and 62) UN Committee on Economic, Social and Cultural Rights The Committee is concerned that, despite the restriction of child labour by current legislation and the adoption of the National Plan for Combating the Worst Forms of Child Labour, the protection of self-employed children under 18 years is not guaranteed, and socially vulnerable children, especially Roma children, remain engaged in harmful and exploitative labour, particularly in agriculture, industry and domestic service. Furthermore, the Committee is concerned that there is no adequate or recent disaggregated data on child labour (arts. 3 and 10). The Committee recommends that the State party examine the situation of child labour and street children in order to develop specific strategies to strengthen awareness, prevention and assistance programmes, including through the systematic collection of updated and disaggregated data with a view to addressing the problems of child labour and street children. The Committee also recommends that the State party ensure the effective implementation of International Labour Organisation (ILO) standards on minimum age of employment and the regulation of employment of children in hazardous conditions, in compliance with ILO Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. (Paragraph 10) The Committee recommends that the State party: (c) Closely collaborate with the minority communities and their respective leaders to elaborate effective measures to abolish traditional practices prejudicial to the health and well-being of children, such as early marriage ; (Paragraph 46) UN Committee against Torture The Committee is concerned by the practice of informal early and forced marriage of Roma girls as young as 11 (arts. 2 and 16). The Committee remains concerned at the prevalence of national and cross- border trafficking especially of Roma children, young children and newborns and at the absence of related data. The Committee encourages the State party to: (a) Collect data on trafficking disaggregated by sex, age, urban/rural areas and ethnic or social origin on trafficking; UN Committee against Torture While taking note of the National Programme on Prevention and Counteracting Human Trafficking and Protection of Victims and amendments to the Penal Code, section IX on "Trafficking in human beings", the Committee is concerned that poverty and social exclusion result in vulnerability of women and children, and in particular Roma women and girls, including those who are pregnant, to human trafficking (arts. 2, 3, 14 and 16). Universal Periodic Review (2010) 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); (accepted) While noting that corporal punishment is unlawful in the home, schools, the penal system, alternative care settings, and in situations of employment, the Committee is concerned that children are still victims of corporal punishment in all the above mentioned settings. The Committee urges the State party, to take into account its General Comment No. 8 on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/GC/2006/8), to enforce the ban of corporal punishment by: (a) Undertaking public and professional awareness raising; UN Committee against Torture While taking note that corporal punishment is explicitly forbidden in law, the Committee is concerned by persistent lack of implementation and notes that the Committee on the Rights of the Child has found that children are still victims of corporal punishment in the home, schools, the penal system, alternative care settings and situations of employment. The Committee is concerned that a 2009 survey shows that 34.8 per cent of public opinion is in favour of corporal punishment in childrearing in some circumstances and that 10.9 per cent felt it was acceptable if the parent believed that it would be effective. It is concerned in particular that the use of corporal punishment is substantially higher in institutions for children with disabilities and that a number of cases of physical abuse were documented in the children's personal files (art. 16). While welcoming the establishment of the position of Ombudsman at the national and regional levels, the Committee is concerned that the Office of the Ombudsman has no specific mandate to monitor, promote and protect the rights of the child. The Committee is further concerned that there are insufficient resources assigned specifically to children’s issues within the office. The Committee also regrets that the Ombudsman has not been accredited by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) in order to ensure its compliance with the Paris Principles. The Committee recommends to the State party that an independent monitoring agency be given the responsibility to monitor and promote children’s rights and provide an accessible complaint mechanism for children and their representatives. The agency should be provided with sufficient human and financial resources to carry out its mandate in accordance with the “Paris Principles” (annexed to General Assembly resolution 48/134 of 20 December 1993) and the General Comment No. 2 (CRC/GC/2002/2) on the role of independent national human rights institutions. This agency could be a separate Children’s Rights Office or be incorporated into the existing Ombudsman’s Office, through designation of a deputy charged with the responsibility for children’s rights. The Committee further recommends that the Ombudsman apply for accreditation with the ICC. (Paragraphs 14 and 15) Universal Periodic Review (2010) 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); (accepted) The Committee is also concerned at the shortage of mental health services provided to children. The Committee recommends that the State party, taking into account the (b) Undertake a comprehensive and multidisciplinary study to assess the scope of adolescent health problems including on psychological development; Universal Periodic Review (2010) A - 80.19. Continue pursuing appropriate policies and programmes to accommodate the needs of mentally disabled children (Slovakia); (accepted) The Committee is concerned at the increase in rates of children subjected to abuse, including psychological, physical and sexual abuse and that only a negligible number of cases reaches the courts. The Committee recommends that the State party: (a) Develop and implement a comprehensive strategy for the prevention and reduction of child abuse and neglect by, inter alia, undertaking awareness raising campaigns and providing adequate support to children and families at risk; Universal Periodic Review (2010) 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); (accepted) The Committee is concerned at the rise in rates of children who are subjected to sexual exploitation and abuse and that only a negligible number of cases reaches the courts. The Committee recommends the State party to: (a) Undertake in-depth studies and research to identify the scope, extent and root causes of sexual exploitation of children to facilitate the implementation of effective strategies; Universal Periodic Review (2010) 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); (accepted) The Committee notes with appreciation the amendments to the Juvenile Delinquency Act, the introduction of measures regarding deprivation of liberty by courts and the adoption of the new Criminal Procedure Code in 2005. However, the Committee is concerned: (a) That the State party has not established specialised juvenile courts or chambers within the existing settlements as recommended by the Committee in its previous concluding observations; The Committee recommends that the State party take prompt measures to fully bring the system of juvenile justice in line with the Convention, in particular article 37(b), article 40 and 39, as well as with other United Nations standards in the field of juvenile justice, including the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (the Havana Rules), Vienna Guidelines for Action on Children in the Criminal Justice System and the recommendations of the Committee’s General Comment No. 10 (CRC/C/GC/10) on children’s rights in juvenile justice. In this regard, the Committee recommends that the State party: (a) Implement the Committee’s recommendations (CRC/C/15/Add.66) regarding juvenile justice; The Committee also recommends that the State party ensure, through adequate legal provisions and regulations, that all children victims and or witnesses of crimes e.g. children victims of abuse, domestic violence, sexual and economic exploitation, abduction and trafficking and witnesses of such crimes are provided with the protection required by the Convention and to take fully into account the United Nations Guidelines on Justice in Matters Involving Child Victims and Witnesses of Crime (annexed to Economic and Social Council resolution 2005/20 of 22 July 2005). (Paragraphs 68 and 69) Universal Periodic Review (2010) A - 80.67. Create an effective juvenile justice system in order to defend children's rights (Hungary); (accepted) While noting the State party’s indication that foster care as an alternative type of placements of children without parental care is preferred over institutional care, the Committee is concerned at the insufficient numbers and adequate training of foster families which results in the high proportion of children still placed in institutions. The Committee is also concerned that the coordination within the care system, as well as the periodic review of placement is not a regular practice in all alternative care placements. The Committee recommends that the State party review its policies on alternative care for children deprived of a family with a view to developing a more integrated and accountable system of care and support by: (a) Strengthening and expanding the foster care system through improved training of social workers and increased counselling and support for foster families; Universal Periodic Review (2010) 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); (accepted) While noting the efforts undertaken by the State party to reduce poverty and social exclusion, the Committee is deeply concerned at the relatively low standard of living of a section of the child population and their families. Quite a large percentage of the population, especially children under 15 years and Roma and Turkish children, are living in poverty and social isolation and are deprived of equal opportunities and access to essential services. The Committee is also concerned that adequate housing remains a problem for many families and for children after they have left children’s homes and institutions. Furthermore, the Committee is concerned that recent changes in the Social Assistance Act might put more children and vulnerable families at risk of poverty and lowered standards of living. In accordance with article 27 of the Convention, the Committee recommends that the State party: (a) Take steps to improve the standard of living of families with children, in particular of those living below the poverty line; Universal Periodic Review (2010) A - 80.88. Take further measures to combat poverty of elderly women, single mothers with children and women with disabilities (Norway); (accepted)
Child labour, particularly affecting Roma children
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
(b) Collect data disaggregated by sex, age, urban/rural areas and ethnic or social origin on child labour;
(c) Continue its collaboration with ILO in order to assess the situation of child labour, in particular within the informal sector, work on the streets and domestic work, in order to develop strategies to strengthen awareness, prevention and assistance programmes; and
(d) Take measures to ensure effective implementation of the ILO Conventions No. 138 and No. 182, which the State party has ratified. (Paragraphs 59 and 60)
Last reported: 20 November 2012
Concluding Observations issued: 11 December 2012
The Committee recommends that the State party examine the situation of child labour and street children in order to develop specific strategies to strengthen awareness, prevention and assistance programmes, including through the systematic collection of updated and disaggregated data with a view to addressing the problems of child labour and street children. The Committee also recommends that the State party ensure the effective implementation of International Labour Organisation (ILO) standards on minimum age of employment and the regulation of employment of children in hazardous conditions, in compliance with ILO Convention No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. (Paragraph 10)
Inadequate response to the needs of children with disabilities and inappropriate use of institutions
(b) Provide training for professional staff working with children with disabilities, such as medical, paramedical and related personnel, teachers and social workers;
(c) Establish a formal monitoring system for residential care homes for children which closely examines the right to education of children with mental and other disabilities, as well as ensure that monitoring incorporates concrete steps to follow up recommended actions, and favours the participation of civil society organisations;
(d) Develop and effectively apply new regulations to ensure that management of homes for children with mental disabilities is regularly evaluated in relation to securing the right to education and other rights for children living in the homes;
(e) Establish and implement a comprehensive data collection system which takes into consideration the number of children with disabilities (disaggregated by age, sex, and ethnic or social origin), number and categories of homes for children with mental disabilities, number of children entering and leaving the homes, information on where children are moved to, information on the number of children who have been integrated into special schools or mainstream schools;
(f) Use these data to develop a comprehensive and specific national policy on disability which promotes the full and equal enjoyment of all human rights and fundamental freedoms by all children with disabilities and their full and effective participation in society; and
(g) Develop skills of local level governments and institutions, including Child Protection Departments, support activities of NGOs (especially organisations of parents) and cooperate with them in the process of continuing to develop community based day care and early childhood development services for children with special needs.(Paragraphs 43 and 44)
Last reported: 20 November 2012
Concluding Observations issued: 11 December 2012
The Committee recommends that the State party ensure the full implementation of the reform of the residential care system for children, focusing on the integration of children who leave institutional care, including those with disabilities. The Committee recommends that the State party clarify the legal status of children without family who leave institutional care, and provide them with adequate family substitute and family support services, as well as community-based services. In this regard, the Committee recommends that the State party take into account the Guidelines for the Alternative Care of Children, annexed to General Assembly resolution 64/142, and it requests the State party to include in its next periodic report disaggregated data, by sex, year, family status and disability, on progress made in the reintegration of children who leave institutional care. (Paragraph 14)
Last reported: 9 and 10 November 2011
Concluding Observations issued: 14 December 2011
(b) By the current and future situation of institutionalised children with mental disabilities, while noting the envisaged transition from institutional to community-based care similar to a family environment and the closure of all childcare institutions within 15 years; that 238 children with mental disabilities died in the period 2000–2010, three quarters from preventable deaths, without a single indictment being made to date in 166 criminal investigations and that two children died recently in similar circumstances in Medven; that an inspection covering the year 2010 regarding involuntary confinement and treatment under the Health Act and coercive confinement for treatment under the Penal Code found no violation in the application of the legislation; that the necessary upkeep and renovations of existing facilities while the planned deinstitutionalisation is being put in place will not be carried out on the assumption that they are being phased out (arts. 2, 11, 12, 13, 14 and 16).
The Committee recommends that the State party:
(a) Review legislation and policy of depriving persons with mental disabilities of their legal capacity, provide legal and procedural safeguards for their rights and ensure that they have prompt access to effective judicial review of decisions, as well as effective remedy against violations;
(b) Evaluate cases on an individual basis and ensure respect for the right to mental and physical integrity of institutionalised persons and in particular during the use of restraint and enforced administration of intrusive and irreversible treatments such as neuroleptic drugs; ensure that their decisions and preferences are taken into account;
(c) Take effective measures to regulate the system of guardianship in order to avoid conflict of interest and situations that amount to forced treatment and de facto detention;
(d) Establish close monitoring of placements by judicial organs and by independent inspection mechanisms to ensure the implementation of safeguards and international standards, including the Principles for the Protection of Persons with Mental Illness and for the Improvement of Mental Health Care;
(e) Provide sufficient numbers of competent professional staff and carry out the necessary material renovations on facilities, which should be located in large cities that have hospitals and medical centres;
(f) Ensure adequate investigation, prosecution, conviction and sanction of those responsible for the deaths of institutionalised children with mental disabilities;
(g) Amend and strengthen legislation to enhance accountability and prevent recurrence and impunity and regulate authorised treatment in institutions, in particular of persons with mental disabilities. Attention should be paid to the individual needs of each child and the proper treatment prescribed, in conformity with the provisions of the Convention;
(h) Ensure frequent and professional oversight and monitoring by independent mechanisms, including the national human rights institution and civil society organisations of all institutions and of the implementation of the deinstitutionalisation, including the acceleration of the deinstitutionalisations in as short a period of time as possible, in order to maintain a sustainable system of care. (Paragraph 19)
The State party should ensure that the efforts in respect of redress, including compensation and rehabilitation, are strengthened in order to provide victims, including those who have suffered torture and ill-treatment in such centres, with redress and fair and adequate compensation, including means for as full rehabilitation as possible. (Paragraph 29)
While taking note that corporal punishment is explicitly forbidden in law, the Committee is concerned by persistent lack of implementation and notes that the Committee on the Rights of the Child has found that children are still victims of corporal punishment in the home, schools, the penal system, alternative care settings and situations of employment. The Committee is concerned that a 2009 survey shows that 34.8 per cent of public opinion is in favour of corporal punishment in childrearing in some circumstances and that 10.9 per cent felt it was acceptable if the parent believed that it would be effective. It is concerned in particular that the use of corporal punishment is substantially higher in institutions for children with disabilities and that a number of cases of physical abuse were documented in the children's personal files (art. 16).
The Committee recommends that the State party carry out professional and public awareness-raising in order to promote non-violent, positive and participatory methods of childrearing and education; and that the State party take a comprehensive approach to ensuring that the law prohibiting corporal punishment is widely enforced and known, including among children with regard to their right to protection from all forms of corporal punishment. There should be an absolute prohibition of corporal punishment in institutional settings, including for children with disabilities. The State party should provide effective and appropriate responses to corporal punishment, including investigations, prosecution and sanctioning of perpetrators. (Paragraph 30)
Independent Expert on human rights and extreme poverty
Country visit: 11 to 18 November 1998
Nevertheless, insufficient attention is paid to certain vulnerable groups such as the disabled, street children, those who have no access to school and Gypsy children, as well as very poor women - female unemployment in Bulgaria having risen from 52 per cent to 68 per cent. (Paragraph 102).
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High rate of teenage pregnancy and inadequate related health and educational services
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
(b) Undertake a comprehensive and multidisciplinary study to assess the scope of adolescent health problems including on psychological development;
(c) Strengthen training of general practitioners, nurses, social workers and other primary care specialists in the field of mental health and emotional wellbeing of adolescents, with a view to improving the capacity and quality of child mental health professionals in the country;
(d) Lower the minimum legal age for medical treatment without parental consent; and
(e) Develop a comprehensive mental health policy, including, mental health promotion, prevention of suicidal and violent behaviour, outpatient day care and inpatient services for adolescents with mental health problems, as well as programmes to support families with children at risk. (Paragraphs 47 and 48)
Last reported: 20 November 2012
Concluding Observations issued: 11 December 2012
The Committee calls on the State party to intensify its efforts aimed at preventing teenage pregnancy and to provide the necessary support services for pregnant adolescents, including measures to enable them to continue their education. The Committee also urges the State party to ensure that sexual and reproductive health services are effectively accessible to adolescents, and that all pregnant women and girls have access to specialised medical care. Finally, the Committee recommends that the State party thoroughly assess the causes of all cases of maternal and infant mortality in order to develop specific and adapted strategies in that regard. (Paragraph 20)
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Discrimination against Roma children, particularly with regards to education, healthcare and housing
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
(b) Undertake comprehensive public education campaigns to prevent and to address negative societal attitudes and behaviour based on sex, age, race, nationality, ethnicity, religion and disability;
(c) Implement the programme for Equal Integration of Roma into Bulgarian Society, and provide for sufficient human resources, an adequate strategic approach and effective coordination;
(d) Explicitly include, by taking into account its General Comment No.9 (2006), specific prohibition of discrimination on the ground of disability in other specific legal provisions, including the Public Education Act; and
(e) Include information in the next periodic report on measures and programmes relevant to the Convention on the Rights of the Child undertaken by the State party to follow up on the Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking account of the Committee’s General Comment No.1 on the aims of education (CRC/GC/2001/1).
Last reported: 20 November 2012
Concluding Observations issued: 11 December 2012
The Committee recommends that the State party strengthen its efforts to address the economic, social and cultural factors identified as root causes of persisting high school dropout rates. The Committee also recommends that the State party conduct campaigns to raise awareness among Roma families on the importance of education, and continue to offer related incentives, and pursue its efforts to combat the segregation in schools of Roma children and children with disabilities. In this regard, the State party should ensure the effective enforcement of the Anti-Discrimination Act and the Public Education Act and it should raise awareness of these laws among teachers and the population at large. The Committee additionally draws the State party’s attention to its general comment No. 13 (1999) on the right to education. (Paragraph 20)
The Committee regrets the lack of opportunities for minorities to receive education in their own languages. (Paragraph 19).
The Committee calls upon the State party to continue its efforts to integrate ethnic minorities into society, and to undertake measures to provide the opportunity for such minorities to be educated in their own languages. (Paragraph 27)
Last reported: 17 and 18 February 2009
Concluding Observations issued: 23 March 2009
It recommends that the State party continue measures to integrate Roma children into mixed schools, in cooperation with civil society organisations. (Paragraph 13)
The Committee is concerned about the specific obstacles encountered by Roma in respect of access to work, housing, health care and education.
It recommends that the State party continue taking positive measures to improve the living conditions of Roma in respect of access to work, health care, housing and education within the framework of the Plan of Action for Roma Inclusion and the Decade for Roma Inclusion, in accordance with article 5 of the Convention and general recommendation XXVII (2000) on discrimination against Roma (art. 5). (Paragraph 15)
UN Committee on the Elimination of Discrimination against Women
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); (accepted)
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); (accepted)
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Children living and working in street situations
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
Last reported: 20 November 2012
Concluding Observations issued: 11 December 2012
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Early marriage
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
Last reported: 9 and 10 November 2011
Concluding Observations: 14 December 2011
The State party should enforce the legislation concerning minimum marriage age, clearly indicate that child marriages have no legal effect and constitute a harmful practice, in the light of the concluding observations of the Committee on the Rights of the Child and with general recommendation No. 24 (1999) on article 12 of the Committee on the Elimination of Discrimination against Women. Community awareness-raising campaigns should be carried out regarding the prohibition of these marriages, their harmful consequences and the rights of children. The Committee also urges the State party to enforce the requirement to register all marriages, in order to monitor their legality, as well as to strictly enforce the prohibition of early marriages and to investigate such cases and to prosecute the perpetrators. (Paragraph 26)
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Trafficking of children, particularly Roma children
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
(b) Continue and strengthen its awareness-raising campaigns including through education and media campaigns;
(c) Increase protection provided to victims of trafficking, including prevention, social reintegration, access to health care and psychological assistance and free access to legal aid; and
(d) Enter into bilateral and multilateral agreements for the prevention of trafficking and for the rehabilitation and repatriation of trafficked children. (Paragraphs 65 and 66)
Last reported: 9 and 10 November 2011
Concluding Observations issued: 14 December 2011
The Committee recommends that the State party strengthen its efforts to combat trafficking in persons, especially in women and children, in particular to:
(a) Prevent and promptly, thoroughly and impartially investigate, prosecute and punish trafficking in persons and related practices;
(b) Improve the identification of victims of trafficking and provide means of effective redress, including compensation and rehabilitation, to victims of trafficking, including assistance to victims to report incidents of trafficking to the police, in particular by providing legal, medical and psychological aid and rehabilitation, inter alia, through genuine access to health care and counselling and adequate shelters, in accordance with article 14 of the Convention;
(c) Prevent the return of trafficked persons to their countries of origin, where there is a substantial ground to believe that they would be in danger of torture, to ensure compliance with article 3 of the Convention;
(d) Provide regular training to the police, prosecutors and judges on effective prevention, investigation, prosecution and punishment of acts of trafficking, including on the guarantees of the right to be represented by an attorney of one's own choice, and inform the general public on the criminal nature of such acts; and
(e) Compile data disaggregated, as appropriate, by nationality, country of origin, ethnicity, gender, age, and employment, as well as on the provision of redress. (Paragraph 27)
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); (accepted)
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Prevalence of corporal punishment despite prohibition
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
(b) Promoting non-violent, positive, participatory methods of childrearing and education and reinforcing knowledge among children of their right to protection from all forms of corporal punishment; and
(c) Bringing offenders before the competent administrative and judicial authorities. (Paragraphs 31 and 32)
Last reported: 9 and 10 November 2011
Concluding Observations: 14 December 2011
The Committee recommends that the State party carry out professional and public awareness-raising in order to promote non-violent, positive and participatory methods of childrearing and education; and that the State party take a comprehensive approach to ensuring that the law prohibiting corporal punishment is widely enforced and known, including among children with regard to their right to protection from all forms of corporal punishment. There should be an absolute prohibition of corporal punishment in institutional settings, including for children with disabilities. The State party should provide effective and appropriate responses to corporal punishment, including investigations, prosecution and sanctioning of perpetrators. (Paragraph 30)
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Absence of an ombudsperson for children
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
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Inadequate mental health services for children
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
General Comment No. 4 on adolescent health and development
(CRC/GC/2003/4) of 2003:
(c) Strengthen training of general practitioners, nurses, social workers and other primary care specialists in the field of mental health and emotional wellbeing of adolescents, with a view to improving the capacity and quality of child mental health professionals in the country;
(e) Develop a comprehensive mental health policy, including, mental health promotion, prevention of suicidal and violent behaviour, outpatient day care and inpatient services for adolescents with mental health problems, as well as programmes to support families with children at risk. (Paragraphs 47 and 48)
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Physical abuse of children
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
(b) Develop and implement an effective system for reporting of cases of child abuse and neglect, by inter alia, providing training for all professionals working with and for children;
(c) Strengthen the psychological and legal support for children victims of child abuse and neglect;
(d) Prosecute and sentence perpetrators of these crimes; and
(e) Ensure the access to and sustainability of the toll-free, 24-hour national helpline for children, and grant it a 3-digit number. (Paragraphs 41 and 42)
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); (accepted)
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Sexual exploitation of children, including prostitution and child abuse imagery
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
(b) Increase its awareness raising campaigns and public education on sexual exploitation, prostitution and child abuse for children, their families, communities and the public at large and ensure the recognition of the gender perspective in these campaigns and in public education;
(c) Take measures to prosecute perpetrators of sexual exploitation of children and child abuse; and
(d) Implement appropriate policies and targeted programs for the prevention, recovery and social reintegration of child victims, in accordance with the Declaration and Agenda for Action and the Global Commitment adopted at the 1996 and 2001 (Paragraphs 63 and 64)
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Inadequate juvenile justice system
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
(b) At the definition of “anti-social behaviour” of juveniles which contradicts international standards;
(c) That despite the fact that the Juvenile Delinquency Act defines the minimum legal age for criminal responsibility at the age of fourteen, children at a very low age (eight years) are considered by measures of prevention and re-education fixed by article 13 of the Juvenile Delinquency Act and which may be decided by the local Commission, without adequate guarantees;
(d) That the deprivation of liberty is not used as a means of last resort; (e) At the high percentage of children placed in correctional-educational institutions; and
(f) At the inadequate conditions prevailing in prisons and detention centres, including overpopulation and poor living conditions.
(b) Reform the Juvenile Delinquency Act and the Criminal Procedure Code with the view to withdraw the notion of anti-social behaviour;
(c) Make a clear definition of the legal age of criminal responsibility in order to guarantee that children under the age of fourteen years are totally treated outside of the criminal justice system on the basis of social and protective measures;
(d) Set up an adequate system of juvenile justice, including juvenile courts with specialised judges for children, throughout the country;
(e) Use deprivation of liberty, including placement in correctional- educational institutions, as a means of last resort and, when used, regularly monitor and review it taking into account the best interests of the child;
(f) Provide a set of alternative socio-educational measures to deprivation of liberty and a policy to effectively implement them;
(g) Ensure that children deprived of their liberty remain in contact with the wider community, in particular with their families, as well as friends and other persons or representatives of reputable outside organisations, and are given the opportunity to visit their homes and families;
(h) Focus on strategies to prevent crimes in order to support children at risk at an early stage;
(d) Train judges and all law enforcement personnel who come into contact with children from the moment of arrest to the implementation of administrative or judicial decisions taken against them;
(e) Ensure independent monitoring of detention conditions and access to effective complaints, investigation and enforcement mechanisms; and
(i) Seek technical assistance from the United Nations Interagency Panel on Juvenile Justice which includes UNODC, UNICEF, OHCHR and NGOs. (Note: mislabelling exists in the original)
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Inadequate training for alternative care personnel and institutions
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
(b) Enhancing coordination between all persons involved in the care of children deprived of a family environment, including police, social workers, foster families and the staff of public and private orphanages;
(c) Establishing a set of standards and procedures for all public and private organisations working with these children that encompass the principles of the Convention, particularly the best interests of the child and respect for the views of the child and ensure that their placement is periodically reviewed, in accordance with article 25 of the Convention;
(d) Taking steps to regularly monitor the status of children in kinship homes, foster care, pre-adoptive homes and other care institutions.
(e) Ensuring regular visitations and inspections of all alternative care facilities;
(f) Providing an independent child accessible complaints mechanism; and
(g) Developing care plans for each child in care which will be reviewed on a regular basis. (Paragraphs 35 and 36)
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Poverty affecting children
UN Committee on the Rights of the Child (Concluding Observations, June 2008)
(b) Take all necessary measures to make adequate housing, sanitation and infrastructure available for all families including for low-income and large families and Roma communities; and
(c) Reinforce its efforts to alleviate poverty and to ensure and protect support and material assistance, with particular focus on the most marginalised and disadvantaged children and their families and to guarantee the right of children to an adequate standard of living. (Paragraphs 53 and 54)
A - 80.90. Identify a set of "universal social services" accessible to all children and families to provide an adequate standard of living (Austria); (accepted)
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