Committee on the Rights of the Child
Concluding observations on the combined third to fifth periodic reports of Bulgaria *
I.Introduction
1.The Committee considered the combined third, fourth and fifth periodic reports of Bulgaria (CRC/C/BGR/3-5) at its 2123rd and 2124th meetings (see CRC/C/SR.2123 and 2124), held on 30 May 2016, and adopted the present concluding observations at its 2132nd meeting (see CRC/C/SR.2132), held on 3 June 2016.
2.The Committee welcomes the submission of the combined third to fifth periodic reports of the State party and the written replies to the list of issues (CRC/C/BGR/Q/3-5), which allowed for a better understanding of the situation of children’s rights in the State party. The Committee expresses appreciation for the constructive dialogue held with the high-level and multisectoral delegation of the State party.
II.Follow-up measures taken and progress achieved by the State party
3.The Committee welcomes the progress achieved by the State party in various areas, including the ratification of or accession to international and regional instruments as well as the adoption of a number of new acts and institutional and policy measures related to children’s rights, since its last review, in particular the National Strategy for Roma Integration (2012-2020).
4.The Committee notes as positive the invitation and cooperation of the State party in relation to the visit undertaken by the Independent Expert on minority issues in 2011.
III.Main areas of concern and recommendations
A.General measures of implementation (arts. 4, 42 and 44 (6))
Committee’s previous recommendations
5. The Committee recommends that the State party take all the measures necessary to address the recommendations contained in its concluding observations of 2008 (CRC/C/BGR/CO/2) which have not been implemented or have been insufficiently implemented.
Legislation
6.While the Committee welcomes the progress made by the State party in harmonizing its domestic legislation with the principles of the Convention through the adoption of a new Family Code, in 2009, and amendments to the Child Protection Act, the Family Allowance Act and the Social Assistance Act, it remains concerned at the lack of consistency in other key child-related legislation, in particular the Persons and Family Act and the Child Protection Act. The Committee is also concerned about the gaps in implementation as a result of a vague interpretation of laws owing to insufficient capacity and awareness of child rights on the part of the judiciary.
7. The Committee recalls the recommendation in its previous concluding observations (para. 9) and encourages the State party to continue harmonizing its legislation with the principles and provisions of the Convention. In particular the Committee recommends that the State party:
(a) Take measures to ensure that the provisions set out in other relevant domestic legislation are harmonized with the Child Protection Act;
(b) Introduce a child rights impact assessment procedure for all new legislation adopted at the national level;
(c) Offer continuous capacity-building in international human rights law for judges, prosecutors and lawyers, in line with recommendation made by the Special Rapporteur on the independence of judges and lawyers (see A/HRC/20/19/Add.2, para. 105), placing particular focus on the Convention.
Comprehensive policy and strategy
8.The Committee notes with appreciation the introduction of the National Strategy for Children (2008-2018) as a means of improving coordination and the implementation of the Convention. However, it is concerned that progress has not been made in all envisaged areas, as indicated in the external evaluation of the strategy conducted in 2011. Of particular concern is the lack of coordination among individual sectoral policies and the disproportionate focus on children at risk. The Committee also notes with regret that the proposed Child Act, which provides for the establishment of a commission on the rights of the child, was not adopted due to a lack of public support.
9. The Committee recommends that the State party:
(a) Consider the recommendations outlined in the independent review and amend the strategy as appropriate to ensure that it is as comprehensive as possible and encompasses all areas covered by the Convention and covers all children;
(b) Ensure that the strategy is supported by the elements necessary for its application, including sufficient human, technical and financial resources;
(c) Ensure consultations with all relevant stakeholders, including children, to further develop the strategy and continue to regularly assess the effectiveness of its implementation;
(d) Develop an awareness-raising campaign to promote the benefits of establishing a commission for children.
Coordination
10. The Committee recommends that the State party establish an institutional mechanism at the interministerial level with a clear mandate and sufficient authority to coordinate all activities related to the implementation of the Convention at cross-sectoral, national, regional and local levels. The State party should ensure that the coordinating mechanism is provided with the human, technical and financial resources necessary for its effective operation.
Allocation of resources
11.The Committee is concerned that the State party’s budgeting process fails to stipulate budget allocations for children in the relevant sectors and agencies, including indicators and tracking systems at all levels, as well as targeted budget allocations for children in marginalized and vulnerable situations, such as Roma children, children with disabilities, migrant children and children of refugees and asylum seekers. The Committee is also concerned that the State party has the lowest percentage of gross domestic product allocated to public education in the European Union.
12. In the light of its day of general discussion in 2007 on the theme “Resources for the rights of the child – responsibility of States”, the Committee recommends that the State party:
(a) Establish a child rights perspective in its budgeting process and specify clear allocations for children in the relevant sectors and agencies, including specific indicators and a tracking system;
(b) Establish mechanisms to monitor and evaluate the adequacy, efficacy and equitability of the distribution of resources allocated to the implementation of the Convention;
(c) Ensure transparent and participatory budgeting through public dialogue, especially with children, and proper accountability of the authorities, including at the local level;
(d) Conduct a comprehensive assessment of the budgetary needs of children and allocate adequate budgetary resources, in accordance with article 4 of the Convention, for the implementation of children’s rights; increase the budget allocated to social sectors; address disparities on the basis of indicators relating to children’s rights; and, in particular, substantially increase the allocations in the areas of education and social assistance to adequate levels.
Data collection
13.While noting the efforts made by the State party to develop a data collection system under the auspices of the State Agency for Child Protection and the National Statistical Institute, the Committee remains concerned that the lack of a unified centralized database, has resulted in a scarcity of disaggregated data on children, particularly children with disabilities, children living in marginalized situations and Roma children.
14. In the light of its general comment No. 5 (2003) on general measures of implementation of the Convention, the Committee recommends that the State party:
(a) Expeditiously improve its data collection system to cover all areas of the Convention. Data should be disaggregated by, among others, age, sex, disability, geographic location, ethnic and national origin, and socioeconomic background in order to facilitate analysis on the situation of all children, particularly those in situations of vulnerability;
(b) Ensure that data and indicators are shared among relevant ministries and used for the formulation, monitoring and evaluation of policies, programmes and projects for the effective implementation of the Convention;
(c)Take into account the conceptual and methodological framework set out in Human Rights Indicators: A Guide to Measurement and Implementation, by the Office of the United Nations High Commissioner for Human Rights, when defining, collecting and disseminating statistical information.
Independent monitoring
15.The Committee welcomes the steps taken by the State party to incorporate the rights of the child into the mandate of the Ombudsman through the amendment of the Ombudsman Act, in 2012 (art. 19.1.9), and the appointment of a Deputy Ombudsman to address children’s rights, along with the Ombudsman’s role as national preventive mechanism. Despite this progress, the Committee is concerned that, owing to a lack of sufficient resources within the Office of the Ombudsman, children’s rights are not being sufficiently addressed.
16. In the light of its general comment No. 2 (2002) on the role of independent human rights institutions in the promotion and protection of the rights of the child, the Committee recommends that the State party:
(a) Strengthen the mandate of the Deputy Ombudsman to receive, investigate and address complaints by children in a child-sensitive manner, and allocate sufficient technical, human and financial resources to support the work of the office;
(b) Ensure the privacy and protection of child victims, particularly when monitoring and follow-up visits to institutions are undertaken in the context of the Ombudsman’s role as national preventive mechanism;
(c) Ensure continuous capacity-building and training of Ombudsman staff on issues related to children’s rights.
Dissemination, awareness-raising and training
17. The Committee reiterates the recommendation in its previous concluding observations (para. 21) and encourages the State party to:
(a) Strengthen its efforts to provide adequate and systematic training and/or sensitization on children’s rights to professional groups working with and for children, such as law enforcement officials, parliamentarians, judges, lawyers, health personnel, teachers, school administrators, academics, social workers, media professionals and others, as required;
(b) Ensure systematic teaching of the principles and provisions set out in the Convention, at all levels of the school curriculum;
(c) Give special attention to promoting the participation of children in the dissemination of their rights;
(d) Encourage the media to demonstrate sensitivity to children’s rights and ensure the inclusion of children in the development of programmes;
(e) Continue to strengthen its efforts to increase the awareness of the Convention, its principles and provisions, and to disseminate the Convention throughout the country, in close cooperation with non-governmental organizations and other stakeholders and by paying particular attention to remote and rural areas and children belonging to minority groups.
B.Definition of the child (art. 1)
18. The Committee recommends that the State party amend its Family Code to remove all exceptions that allow marriage for anyone under the age of 18 years.
C.General principles (arts. 2, 3, 6 and 12)
Non-discrimination
19.While noting as positive the introduction of the National Strategy for Roma Integration (2012-2020), the Committee remains deeply concerned at the persistent discrimination against Roma children. Of particular concern are reports indicating that existing discrimination against Roma in all areas of life is among the principal reason leading to the placement of Roma children in institutions. Further concern is expressed that Roma children, as well as children with disabilities, asylum seeking and refugee children, minority children and children living in remote areas, continue to face discrimination with regard to access to education, health care and adequate housing. The Committee is also concerned that the Commission for the Protection against Discrimination does not have a special unit to deal with cases of discrimination against children.
20. The Committee urges the State party to:
(a) Ensure full implementation of relevant existing laws prohibiting discrimination, including by strengthening public education campaigns to address negative social attitudes towards Roma children, children with disabilities, minority children and refugees and asylum seeking children;
(b) Ensure that children living in rural areas have access to quality education, adequate health care and housing;
(c) Implement the National Strategy for Roma Integration (2012-2020) and ensure the availability of sufficient human, technical and financial resources;
(d) Introduce a specific mechanism within the Commission for Protection against Discrimination to address cases of discrimination against children.
Best interests of the child
21.The Committee welcomes the amendment to the Child Protection Act, in 2009, to ensure the right of the child to have his or her best interests taken as a primary consideration, and notes the general framework established by the State party to ensure that the best interests of the child are upheld as a fundamental principle of child protection. However, it is concerned about the continuing misunderstanding with respect to the meaning of the principle and the responsibilities it entails, in particular among the judiciary, child protection professionals and social workers.
22. In the light of its general comment No 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration, the Committee recommends that the State party strengthen its efforts to ensure that this right is appropriately integrated and consistently interpreted and applied in all legislative, administrative and judicial proceedings and decisions, as well as in all policies, programmes and projects that are relevant to and have an impact on children. In this regard, the State party is encouraged to develop procedures and criteria to provide guidance to all relevant persons in authority for determining the best interests of the child in every area and for giving those interests due weight as a primary consideration.