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Bulgaristan azınlıklari ve çocuk hakları

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Bulgaristan azınlıkların ve çocuk hakları

Правата на малцинствата и децата в България
Доклад на комисаря за защита правата на човека към Съвета на Европа


Още усилия са необходими за по-добрата защита на малцинствата и на децата в България, така че техните нужди да бъдат защитени. Това е основният извод в доклада на Томас Хамарберг, комисар за защита правата на човека към Съвета на Европа. Неговите бележки се основат на посещение в страната ни през ноември 2009 година.

"Защитата на малцинствата срещу дискриминация, расизъм и нетолерантност трябва да бъде повишена", смята Хамърберг. Той предлага законодателни промени, според които расистката мотивация да се счита за утежняващо вината обстоятелство за всички престъпления. "Трябват и адекватни мерки за намаляване и наказания на лошото отношение на полицейските служители", допълва още комисарят.

България трябва да предостави обезщетение и бързо да решат пенсионните искове на жертвите от "Възродителния процес".

Хамарберг има препоръки и за отношението ни към религиозните общности. Местните власти и правоохранителните органи трябва да бъдат точно инструктирани как да избягват ненужните намеси в правото на упражняване на свободата на религията. В доклада се подчертава, че трябва да бъдат решени и имуществени искове, включително и тези на мюсюлманската общност.

Властите трябва да подобрят достъпа до информация и до здравни услуги за ромите, етническите турци и помаците. Именно начина на живот на ромите тревожи Съвета на Европа. Те продължават да живеят в условия под всякакви стандарти. Достъпът до адекватни жилищни условия, образование и социални права остава проблематичен, смята комисарят. Често срещу тях се извършват престъпления, чиято мотивация е на расистка основа.

Превод: Деляна Петкова, Econ.bg

Пълния текст на доклада на комисар Томас Хамарберг ще откриете в прикачения файл.

Докладът е достъпен, заедно с коментарите на правителството, и на Интернет страницата на Комисаря – www.coe.int/commissioner




Прикачени документи
Правата на малцинствата и децата в България / Human rights of minorities and of children in institutions




Източник:

Council of Europe

http://www.econ.bg/analysis/article175591/pravata_na_malcinstvata_i_decata_v_bulgariya

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Raporun orjinali:

Strasbourg, 9 February 2010 CommDH(2010)1
Original version
REPORT
by Thomas Hammarberg
Commissioner for Human Rights of the Council of Europe
Following his visit to Bulgaria
from 3 to 5 November 2009
Issues reviewed:
Human rights of minorities and of children in institutions
CommDH(2010)1
2
Executive Summary
Commissioner Thomas Hammarberg and his delegation visited Bulgaria from 3 to 5 November
2009. During his visit, the Commissioner held discussions on human rights issues, focusing on
the protection of the human rights of minorities and children. The Commissioner met with a
number of authorities, including the Minister of Interior, the Minister for Foreign Affairs and the
Minister of Labour and Social Policy. He also held discussions with religious leaders and civil
society representatives.
The present report focuses on the following major issues:
1. Overview of minorities in Bulgaria in relation to European and international instruments:
Noting that Bulgaria has ratified the vast majority of the major European and international human
rights instruments, the Commissioner encourages the Bulgarian authorities to systematise their
implementation and in particular to enhance the protection of minority groups and their members.
Furthermore, he recommends ratification of Protocol N° 12 to the European Convention on
Human Rights, the European Charter for Regional or Minority Languages and the Additional
Protocol to the Convention of Cybercrime, concerning the criminalisation of acts of a racist and
xenophobic nature committed through computer systems.
2. Protection against discrimination, racism and intolerance towards minorities: The
Commissioner welcomes the anti-discrimination legislation enacted and the respective institutions
established. In order to ensure effectiveness and evaluate results in this field, the Commissioner
calls upon the authorities to consider the implementation of a comprehensive data-collection
system. The successful work of the Commission for Protection against Discrimination should be
enhanced by allocating adequate resources. The National Council for Cooperation on Ethnic and
Demographic Issues should be structured in such a way as to ensure that all minority groups are
represented and that NGOs can participate on the basis of clearly defined criteria. Noting with
concern a tendency of Islamophobia, the Commissioner calls on the authorities to establish a
system of open, systematic consultations with all minorities in accordance with the Council of
Europe standards. With regard to a worrying trend towards racially motivated offences, the
Commissioner recommends a legislative amendment that would make racist motivation an
aggravated circumstance for all offences. Serious acts of intolerance should be publicly
condemned and promptly investigated to ensure that perpetrators are prosecuted. He further
recommends an overhaul of domestic law and policy in order to ensure that excessive use of
force by police is prevented through clear legal provisions in line with the case law of the
European Court of Human Rights. The creation of a framework for impartial investigations into
alleged police misconduct is also recommended. In so far as victims of the “Revival Process”
have not been recognised or provided with redress, the Commissioner calls on the authorities to
provide reparation and find speedily a solution for pending pension claims.
3. Enjoyment by minorities of freedom of religion, association and assembly: Noting with
appreciation that under domestic law religious freedom is recognised as a fundamental right and
that all religions are declared free and equal, the Commissioner recommends that the law
concerning registration of religious denominations be kept simple in order not to deter
associations from registering. Any ambiguity in the current Denominations Act should be erased
and local authorities and law enforcement officers should be properly instructed (including on the
basis of the case law of the European Court of Human Rights) to avoid unnecessary interference
with the right to exercise one’s freedom of religion. In this context, the Council for Dialogue
Among Religions could serve as a forum to develop concrete proposals. In view of the reported
attacks on places of worship, in particular mosques, the Commissioner calls on the authorities to
vigorously investigate any attacks on religious sites and to bring to justice identified offenders.
Welcoming the settlement of many cases relating to properties which were nationalised under the
Communist regime – including those of religious groups – the Commissioner calls upon the
authorities to resolve outstanding property claims, including those of the Muslim community, by
establishing effective domestic remedies to accommodate such claims and restore well-foundedrights. In this regard, he strongly recommends an enhanced dialogue with the Muslim community
to speedily settle property-related questions. Noting that domestic laws on freedom of association
should be precise and proportionate, the Commissioner recommends a systematic dialogue for
this purpose with all minority groups in Bulgaria, in line with the Council of Europe standards. The
Commissioner also recommends an amendment to the Constitution in order to better safeguard
minorities’ right to freedom of association and assembly and fully align practice with the standards
of the European Convention on Human Rights and the case law of the European Court.

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4. Enjoyment by minorities of social rights: Noting with appreciation the efforts made in the
field of education for integrating children from minorities, the Commissioner encourages the
authorities to continue such efforts. He recommends systematic data collection and a systematic
evaluation of the respective programmes with a view to better combating segregation and
improving job prospects. He commends the numerous measures adopted to improve access of
minority groups to the labour market. Noting the limited impact of such measures so far, he
recommends their systematic evaluation with a view to increasing their effectiveness in order to
increase minority group members’ access to the labour market. The Commissioner encourages
the authorities to strengthen their efforts to implement their National Health Strategy with a view
to improving access to information and health services to members of socio-economically
disadvantaged minority groups, particularly Roma, ethnic Turks and Pomaks and to ensure
effective co-operation between the different authorities involved. The authorities are called upon
to safeguard the constitutional right to social assistance for Bulgarian citizens, including
particularly vulnerable groups in light of the relevant decision by the European Committee of
Social Rights of February 2009.
5. Issues concerning the human rights of Roma: Despite improvements including
implementation of the Decade of Roma Inclusion action plans, Roma in Bulgaria continue to face
obstacles in the enjoyment of their human rights. As witnessed by the Commissioner, access to
adequate housing remains problematic for Roma who live in sub-standard conditions. The
Commissioner urgently calls on the authorities to implement the 2006 decision by the European
Committee of Social Rights regarding evictions of Roma as well as to offer adequate housing to
Roma families currently living in unsuitable conditions. Concerned about the racially motivated
violence against Roma, the Commissioner urges the authorities to conduct effective
investigations. The Commissioner recommends that the authorities improve the access of Roma
to social rights, including health care and employment, as this minority continues to face
particular difficulties in these fields. In this context, education is of paramount importance. The
authorities are therefore invited to improve and develop existing measures to tackle the problem
of Roma children dropping out of school. The Commissioner noted that Roma children are
disproportionally represented among children who are institutionalised (see below).
6. The protection of children’s rights: The Commissioner welcomes the authorities’ efforts in
this field, including children’s deinstitutionalisation. However, large, unsuitable institutions
continue to accommodate a number of children, especially those with intellectual disabilities,
throughout the country. The Commissioner considers that priority should be given to the closure
of these structures. He invites the authorities to adopt a comprehensive deinstitutionalisation
programme with the support of the local authorities and the participation of civil society and the
parents concerned. The Commissioner points out that this process will not meet with success
without the provision of alternative care and foster families. Individual plans must also be adopted
for each child living in an institution and these must be reviewed on a regular basis. The
Commissioner considers that co-ordination between the different authorities concerned at
national and local level must be improved and a mechanism to exchange information and good
practices be set up. Education of children with disabilities must also be improved. The
Commissioner recommends that the authorities fully implement the relevant 2008 decision of the
European Committee of Social Rights by making education available and accessible to children
with disabilities.
The Bulgarian authorities’ comments are appended to the Report.

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Introduction
1. The present report follows a visit to Bulgaria by the Council of Europe Commissioner for Human
Rights (the Commissioner) from 3 to 5 November 2009 during which the focus was on the rights
of minorities and the rights of the child.1
2. The Commissioner wishes to thank the Bulgarian authorities in Strasbourg and Sofia for the
assistance they provided in facilitating the independent and effective performance of his visit.
3. In the course of his visit, the Commissioner held discussions with a number of state authorities,
including the Deputy Prime Minister and Minister of Interior, Mr Tsvatan Tsvetanov, the Minister
for Foreign Affairs, Dr Rumiana Jeleva, the Minister of Labour and Social Policy, Mr Toyu
Mladenov and the Acting Minister of Education, Youth and Science, Mr Sergei Ignatov as well as
with members of the Bulgarian Delegation to the Parliamentary Assembly of the Council of
Europe. The Commissioner also met with the Ombudsman of the Republic of Bulgaria, the
Commission for Protection against Discrimination, the UNICEF representative, religious leaders
and a large number of civil society representatives.
4. In the present report, following an overview of minorities in Bulgaria (Section I), the Commissioner
focuses on the following major issues: Protection against discrimination, racism and intolerance
towards minorities (Section II); Enjoyment by minorities of freedom of religion, association and
assembly (Section III); Enjoyment by minorities of social rights (Section IV); Issues concerning
the human rights of Roma (Section V) and the protection of children’s rights (Section V), followed
by the Commissioner’s conclusions and recommendations (Section VI).
I. Overview of minorities in Bulgaria in relation to European and international instruments
5. Bulgaria acceded to the Council of Europe and ratified the European Convention on Human
Rights in 1992. Bulgaria has ratified and is thus bound by the vast majority of the major European
and international human rights instruments. Although Bulgaria is a party to the Framework
Convention for the Protection of National Minorities of the Council of Europe (hereinafter “the
Framework Convention”), certain other important Council of Europe treaties for the protection of
minority rights have been signed, but are not yet ratified, namely Protocol N° 12 to the European
Convention on Human Rights and the Additional Protocol to the Convention of Cybercrime
concerning the criminalisation of acts of a racist and xenophobic nature committed through
computer systems. To date, Bulgaria has neither signed nor ratified the European Charter for
Regional or Minority Languages.
6. Benefitting from the influence of many different cultures over time, Bulgarian society is
characterised by ethnic, religious and linguistic diversity. Main languages spoken are Bulgarian
and Turkish and the main religions are Eastern Orthodoxy and Islam. According to the 2001
national census, the total population was 7 928 901 of which 6 655 210 (83.6%) were Bulgarians,
746 664 Turks (9.4%), 370 908 Roma (4.6%), 160 000-240 000 Bulgarian-speaking Muslims or
Pomaks (2-3%), 15 595 Russians, 10 832 Armenians, 10 566 Vlachs, 5 071 Macedonians, 3 408
Greeks, 2 489 Ukrainians, 1 363 Jews, 1 088 Romanians and 18 792 ”others”, a category that
included Tatars and Gagauz. The census also recorded 62 108 whose ethnicity was not stated
and 24 807 as unknown.
1 During his visit the Commissioner was accompanied by Mr Julien Attuil-Kayser, Adviser.

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II. Protection against discrimination, racism and intolerance towards minorities
1. Anti-discrimination legislation and relevant national institutions
7. The Commissioner welcomes the adoption of the Protection against Discrimination Act (PADA) in
2004 and the subsequent establishment of the Commission for Protection against Discrimination
(CPD) in 2005. Under the above Act, the Commission, comprising people from different ethnic
groups, may receive complaints, issue fines, make recommendations and monitor their
implementation as well as recommend legislative amendments. The Commissioner wishes to
express his appreciation for the detailed information given by the chairperson of the CPD, Mr
Kemal Eyup, during his visit. Observing that civil society considers the implementation of the law
a success, the Commissioner finds the work of the CPD encouraging and believes that it has the
potential to strengthen the minority rights protection system in the country. He also notes that a
body of domestic case law is developing and awareness of the protection afforded by law is rising
as a result of information campaigns. Consequently, the number of complaints is also increasing
by approximately 30% every year.
8. The Commissioner notes with appreciation that the CPD explicitly gives international law
precedence over domestic norms in accordance with the Bulgarian Constitution. The CPD takes
a firm stand against employers who fail to protect their employees against discriminatory
practices and is developing a strong practice against racist hate speech. The Commissioner
commends the CPD for currently conducting a survey into discrimination in the labour market to
assess the impact of the financial crisis on vulnerable groups and hopes this will serve as an
example to other Council of Europe member states.
9. During his visit, the Commissioner was informed of the government’s plans to combat the
financial crisis by reducing state expenditure. In this context, the government intends to reduce
the size of regulatory bodies, in the case of the CPD from nine to five members. The
Commissioner is concerned that such a step could considerably slow down the treatment of
cases, making the whole system less efficient. This would be detrimental to the fight against
discrimination, particularly in view of the growing caseload. The Commissioner shared his
concerns with the respective authorities, clearly indicating that the image and credibility of the
CPD should not be undermined as a result of seemingly confusing political signals in the context
of current public discussions. This is even more important in a time of economic crisis as the most
vulnerable members of the population are generally hit hardest. Given the CPD’s valuable work in
this domain, the Commissioner considers that the authorities should not only exempt this body
from budgetary cuts, but rather ensure that it receives sufficient resources to allow it to continue
carrying out its work effectively. He further encourages the authorities to continue their
information campaigns on anti-discrimination law and on the work of the CPD.
10. The Commissioner appreciates the work of the National Council for Cooperation on Ethnic and
Demographic Issues (NCCEDI), the main national body for consultation on and co-ordination of
the policies in Bulgaria regarding persons belonging to ethnic, religious and linguistic minorities. It
is presided over by the Deputy Prime Minister, Mr Tsvetan Tsvetanov, with whom the
Commissioner met. At the time of the visit, the NCCEDI was composed of representatives of 16
Ministries, 9 State Agencies and 57 NGOs which included, among others, various minority
associations, 40 of them working on Roma issues. NGOs have to re-register every year. The
minority groups represented in NCCEDI are the Turks, Roma, Armenians, Vlachs, Aromanians,
Karakachans, Tatars and Greeks. The NCCEDI meets two to three times a year.
11. During his visit, the Commissioner met with representatives of Bulgarians of Macedonian origin
and Bulgarian-speaking Muslims (Pomaks), groups currently not members of the NCCEDI.
Keeping in mind that the Framework Convention leaves the definition of the scope of the term
“national minority” to the state parties, the Commissioner believes that the position of these
communities should be examined by the government in consultation with the representatives of
these communities if they seek membership in the NCCEDI. This process would provide the
CommDH(2010)1
6
opportunity for a transparent and constructive dialogue between the government and groups of
citizens who consider themselves minority groups.
12. The Commissioner welcomes the NCCEDI as a forum for discussion and advises the authorities
to reflect further on the membership and structure of the NCCEDI so that it allows all minorities to
be represented and NGOs to be selected on the basis of clearly defined criteria in line with good
administrative practice.
13. The Bulgarian government has also adopted a number of national strategies and action plans
relating to minorities, among them the Healthcare Strategy for Disadvantaged People from Ethnic
Minorities and its Action Plan, the Framework Programme for Equal Integration of Roma in
Bulgarian Society and the Action Plan for its Implementation, a Programme against Segregation
in Education and the National Programme for Improving the Living Conditions of Roma (2005-
2015).
14. While welcoming this framework for minority issues, the Commissioner would like to draw the
attention of the Bulgarian authorities to the criticisms he received regarding the ineffective
implementation and/or insufficient results stemming from the above initiatives.
15. The Ombudsman of the Republic of Bulgaria, Mr Ginio Ganev, informed the Commissioner that
he receives few complaints from citizens regarding discrimination as such citizens usually turn to
the CPD. As regards cases brought to his attention, some of them concerning Roma, the
Ombudsman has investigated whether there was evidence of maladministration, including
discrimination and issued recommendations accordingly.
2. Criminal law
16. Articles 162-165 of the Bulgarian Criminal Code contain provisions prohibiting incitement to racial
hatred and discrimination, racially motivated violence, incitement to religious hatred and attacks
on religious grounds. The general part of the Criminal Code states that the motives for the
commission of the offence will be taken into account by the domestic courts. In its report
published in 2009, ECRI recommended that a provision be inserted in the Criminal Code
expressly stating that racist motivation for any ordinary offence constitutes an aggravating
circumstance. The Bulgarian authorities informed ECRI that they deemed their criminal law
sufficient to consider racist motivation as an aggravating circumstance in respect of any offence.
17. The Commissioner believes that racially motivated offences are particularly dangerous for society
as they attack the dignity of the individual concerned and corrode social cohesion. Therefore,
such offences must be duly investigated and punished in accordance with the law and the
Council of Europe standards. Awareness among law enforcement officers, prosecutors and
judges is mandatory to ensure that racist motivation is identified when investigating the
circumstances of the individual case. The Commissioner believes that the judiciary would be
better equipped to combat racism and that it would send a strong signal to society at large if an
explicit provision making racist motivation an aggravated circumstance was introduced into the
Criminal Code.
3. Law enforcement
18. The Commissioner observes that members of minority groups still seem to be under-represented
in the judiciary as well as in the police force. This is particularly the case for members of the
Roma community. He notes with concern the persistent allegations of discriminatory treatment in
the form of racial profiling as well as ill-treatment of members of the Roma community by
individual police officers. The Commissioner believes that trust in unbiased law enforcement at all
levels is mandatory for the functioning and cohesiveness of society. He reiterates that ethnic
CommDH(2010)1
7
profiling is a widespread form of discrimination that discourages people from co-operating with
the police and is thus particularly counterproductive.2
19. Investigations into cases of alleged, unlawful use of firearms and ill-treatment by law enforcement
officers have been reported as ineffective. The Commissioner is aware that the execution of
relevant judgments of the European Court of Human Rights is still subject to supervision by the
Committee of Ministers.3 It seems that the domestic legal framework for the use of force and
firearms does not contain sufficient safeguards to adequately protect life and integrity or to secure
effective investigations into any alleged, excessive use of force.
20. Furthermore, it seems that Roma do not always have access to legal counselling upon arrest,
sometimes due to lack of knowledge of their rights. Among the Roma community there is the
impression that attacks on Roma individuals are not actively investigated and prosecuted.
4. Data collection
21. The Commissioner observes that, apart from the 2001 national census, no data on the size of the
different minorities is available. With regard to discrimination and racially motivated offences, the
Commissioner is not aware of any data-collection system being in place. He notes that ECRI has
repeatedly encouraged and, in its last report, recommended that the Bulgarian authorities
consider ways of establishing a coherent, comprehensive, data-collection system in order to
monitor the situation of minorities by means of information broken down according to ethnic
origin, language, religion and nationality and that the data be collected in different public policy
areas ensuring confidentiality, informed consent and voluntary self-identification.4
22. The Commissioner believes that the Bulgarian authorities would benefit from a comprehensive
data-collection system as this would enable them to evaluate the impact of the numerous
programmes in place to improve the living conditions of minorities, particularly Roma. The costs
of such a system would be quickly recovered through the efficiency achieved by proper
evaluations and programme adjustments. The Commissioner strongly encourages the Bulgarian
authorities to assess the implementation of a comprehensive data-collection system as
recommended by ECRI, possibly with the help of a pilot project.
5. Growing intolerance and effects on minorities
23. The Commissioner is concerned that in many European countries a number of public figures
draw on stereotypes and launch verbal attacks against ethnic and/or religious groups, thus
promoting a climate of intolerance towards such groups. Sadly, Bulgaria is no exception. The
Commissioner notes with appreciation that in 2008, the Sofia Court took a firm stand and
sentenced a Bulgarian nationalist leader for harassment of ethnic Turks.
24. The Commissioner observes that in Bulgaria, as in other Council of Europe member states,
certain media employ stereotypes, often at the expense of minorities, not least the Roma. He
notes with concern that there seems to exist little activity from the Council for Electronic Media or
from the ethic committees existing in press and electronic media to combat even explicit racism.5
He is, however, aware of certain activities, such as the report on under-representation of ethnic
minorities in broadcasting and a discussion on hate speech in the media, which were organised
by the Council for Electronic Media in 2008. The Commissioner was informed that there is a
2 See also the Commissioner’s Viewpoint “Stop and searches on ethnic or religious grounds are not
effective”, 20/07/2009.
3 Tzekov v. Bulgaria, judgment of 23/02/2006; Velikova v. Bulgaria, judgment of 18/05/2000 and other cases
concerning lack of effective safeguards against death and ill-treatment and lack of effective investigations.
4 ECRI, “Report on Bulgaria”, (fourth monitoring cycle), adopted on 20/06/2008, published on 24/02/2009,
CRI(2009)2, p. 39.
5 See also the examples given in the ENAR, “Racism in Bulgaria”, Shadow Report, 2008, p. 20.
CommDH(2010)1
8
short, daily news programme on the Bulgarian National Television (BNT) of about ten minutes in
Turkish. He would appreciate more information on the participation of minority groups in
broadcasting.

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25. The Commissioner is very concerned about reports of verbal and physical attacks on members of
the Muslim community as well as on their religious sites, in particular their mosques and he also
regrets the failure of the authorities to prosecute the perpetrators of such acts. He noted in
particular that in October 2009 a mosque was set on fire in Blagoevgrad, in south-western
Bulgaria and another one in Nikopol at the Danube. He was informed that there have been 110
cases of attacks on Muslim houses or places of worship across Bulgaria in the past 20 years; in
none of these cases the perpetrators were identified and brought to justice.
26. The Commissioner reiterates that lenience in the face of hostility towards members of minority
groups and attacks on their places of worship are not acceptable, particularly when criminal
behaviour has been identified. In this context, he recalls the case law of the European Court of
Human Rights under which states have a positive obligation to protect faith groups and their
members from harassment and physical attack.6 He urges the authorities to publicly condemn
any acts of intolerance and to investigate them promptly and thoroughly to ensure that the
perpetrators are prosecuted and that similar acts are prevented in the future.
27. The Commissioner is concerned that anti-Semitic material is still occasionally being published
and statements being made by extreme nationalists as well as places of worship being
desecrated. During his visit, the Commissioner was informed of certain anti-Semitic incidents
including, anti-Semitic slogans such as "Juden Verboten" (Jews forbidden) painted in January
2009 on the Shoah memorial in Plovdiv. The Commissioner underlines that all these allegations
should be fully investigated.
28. During his visit, the Commissioner also met with representatives of the Pomak community, who
are Bulgarian-speaking Muslims. This minority is today estimated to be between 160 000 and
240 000 people (about 2-3% of the total population) mainly residing in the area of the Rhodope
Mountains.7 According to the 2001 national census, 49 764 individuals stipulated that they were
Muslim-Bulgarians.8 It seems that there are no members of the Pomak community in the
Bulgarian National Assembly. However, they participate, to a certain extent, at a local level where
some members of this community have been elected mayors in certain towns. At a national
conference in October 2008, they declared their wish to be recognised as a separate ethnic
group, to have their own television programmes and enhanced presence in the National
Assembly.
29. The Commissioner was informed of increasing state pressure on the Pomak community since
members of it have been suspected of being involved in religious and ethnic violence and
fundamentalist behaviour. A mayor was reportedly arrested in March 2009 because the Koran
was read publicly in his village and a school was inspected eighteen times in 2009 by a number
of authorities. The Commissioner notes with concern a growing Islamophobia in Council of
Europe member states, confusing Muslim beliefs with radical fundamentalist behaviour. The
Commissioner reiterates that stereotyping should be avoided in a democratic, open-minded
society. Allegations of criminal conduct must be investigated whilst, at the same time, the
principle of proportionality should be observed when conducting investigations. State authorities
must carefully assess the possible impact of their actions so as not to unduly undermine public
trust in their impartiality.
6 See, inter alia 97 Members of the Gldani Congregation of Jehovah’s Witnesses and 4 others v. Georgia,
judgment of 03/05/2007.
7 See www.minorityrights.org on Bulgaria.
8 ECRI, op. cit., p. 57.
CommDH(2010)1
9
6. Pending issues relating to the past practice of forced, ethnic assimilation
30. The Commissioner notes with appreciation the progress made on behalf of the members of the
Turkish minority community in Bulgaria. However, he observes with concern some outstanding
issues that urgently need to be resolved to fully overcome the effects of the forced assimilation
process during the communist regime. Bulgarian citizens of Turkish origin were subjected to
forced assimilation between 1984 and 1989 (“Revival Process”) during which the use of the
Turkish language was forbidden, people were forced to give up their Turkish names and adopt
Bulgarian names, and cultural/religious institutions and cemeteries were closed or destroyed.
During his visit, civil society representatives informed the Commissioner that they still continue to
face problems today with the public administration because of the enforced name changes.
31. Resistance to the forced assimilation process was often dealt with by detention in prisons and
concentration camps like the one on the island of Belene. After the 1989 mass protests by ethnic
Turks in Bulgaria, approximately 350 000 of them were expelled to Turkey. After the fall of
communism around 120 000 of them returned to Bulgaria while the rest remained in Turkey.
32. The Turkish minority which according to the 2001 national census constitutes 9.4% of the total
population, today has integrated into a democratic country and enjoys full representation in
political life. The Commissioner notes with appreciation the findings of ECRI’s report of 2009 in
which it was indicated that several ethnic Turks held high-level government posts as well as the
office of mayor, while their widespread participation in the electoral process was also recognised.
Nevertheless, the victims of forced assimilation still request a proper investigation into these
incidents and reparation, including an official recognition of the suffering inflicted on 517 exprisoners
who were placed in the Belene island camp.
33. In 1991, the Bulgarian Parliament approved a Rehabilitation Act aiming to compensate the
victims of the “Revival Process”. According to the information received from representatives of the
former prisoners of Belene, a total of US$100 for each year spent in the concentration camp has
been granted to the victims. Furthermore, in 1991, the Prosecutor General of Bulgaria started an
investigation into offences committed during this period. Nevertheless, no lawsuits reached the
courts. According to the representatives of the above group, this was due to a failure to secure
the testimonies of all the victims, some of whom have since passed away. Their application to the
European Court of Human Rights was dismissed in 2004 as inadmissible ratione temporis, the
incidents having occurred before Bulgaria’s accession to the Convention, and for non-exhaustion
of domestic remedies.
34. During his visit, the Commissioner met with the representatives of the former Belene island
prisoners and learned that their circumstances had not changed. Since the members of this group
were elderly and had borne considerable suffering, the Commissioner strongly believes that
regardless of practical problems that may hamper judicial proceedings, the authorities must strive
for justice and provide reparation to all the victims regardless of their ethnic origin in accordance
with the established principles of international law.9 In this context, the suffering of all victims of
the “Revival Process” should be recognised without further delay by shedding full light on the
period of 1984-1989.
35. The Commissioner also observes that the issue of the transfer of pension rights for the victims of
the “Revival Process” remains unresolved. Today more than 150 000 ethnic Turks – who were
forced to leave Bulgaria in 1989 and who now reside in Turkey – cannot transfer the social
security premiums they paid whilst working in Bulgaria due to the lack of proper documents which
still need to be provided by the Bulgarian authorities. As a result, the premiums they paid at the
time are not presently being taken into consideration by the Turkish authorities when calculating
their pensions. The Commissioner was satisfied to learn that Bulgaria and Turkey had formed a
9 International Law Commission, Articles on responsibility of states for internationally wrongful acts, Article
34 ff, in UN General Assembly Resolution 56/83 of 12/12/2001.
CommDH(2010)1
10
Joint Commission, co-chaired by the respective Undersecretaries of their Foreign Ministries which
met for the first time in May 2009 to discuss pending issues including the transfer of the said
social security rights.

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III. Enjoyment by minorities of freedom of religion, association and assembly
1. The right to freedom of religion
36. The Commissioner notes with appreciation that under the 2002 Denominations Act, religious
freedom is recognised as a fundamental right and that all religions are declared free and equal,
the Church and the state being clearly separated. Religious denominations are registered upon
application to the Sofia District Court which is being advised by a Directorate of Religious Affairs.
The Commissioner has been informed that as of February 2008, 96 religious groups, in addition
to the Bulgarian Orthodox Church, were registered, compared with 85 in February 2007.
Reportedly, the system works well in spite of a dispute over the compulsory registration of local
branches of denominations which certain NGOs consider to be unnecessary. The Denominations
Act does not explicitly demand the registration of local branches, but it does require notification of
their establishment to the competent authorities.
37. The Commissioner is aware of the observations of the Council of Europe Parliamentary Assembly
(PACE) on the 2002 Denominations Act expressed in its Resolution 1390 (2004).10 Calling on the
Bulgarian authorities to ensure that the right to freedom of religion (Article 9 of the European
Convention on Human Rights) and the case law of the European Court of Human Rights are fully
observed, PACE recommended, in particular, changes to Article 10 of the Denominations Act to
ensure that the preferential treatment granted to Eastern Orthodoxy does not lead to
discrimination against other religions for practical purposes, such as state or municipal support,
restitution of property, taxation purposes or the teaching of religion. With regard to Article 7 of the
said law, which prohibits and punishes the use of religion for “political objectives”, PACE
recommended a narrow interpretation as the provision could otherwise exclude religious
communities from public policy debates.
38. During his visit, members of the Muslim community informed the Commissioner that they had
been trying in vain to claim back numerous properties nationalised under the communist regime,
among them many mosques. They considered particularly prohibitive the 4% tax on the property
value to be paid before restoration proceedings could be launched. He also learned of the plans
to transform the only mosque intact in Stara Zagora into a museum of religion with the help of EU
funds. The Muslim community is strongly opposed to this as the Hamzabey Mosque, built in
1409, is the oldest Muslim shrine in Bulgaria and an important place of worship for about 5 000
Muslims.
39. The Commissioner notes with concern the dispute which has been ongoing since 2002 regarding
the construction of an Islamic Centre and a second mosque in Sofia and the March 2009 decision
of the Burgas municipality to revoke the permission for a mosque to be constructed based on
concerns for public peace and order. Likewise, there are continuing disputes over the
construction of Jehovah’s Witnesses meeting halls in Veliko Tarnovo and Varna.
40. The Commissioner notes with appreciation that the restoration claims of the Jewish community,
with whose representatives he met, have almost all been settled in full. He observes that property
issues should be resolved domestically in line with the European Convention on Human Rights
and the established case law of the European Court, instead of forcing the individuals to apply to
Strasbourg. The Commissioner calls upon the Bulgarian authorities to provide a fast, efficient
domestic procedure for dealing with property claims and restoring well-founded rights. In this
10 Text adopted by the Standing Committee, acting on behalf of the Assembly on 7/09/2004 (Doc. 10065 and
corrigendum, Report of the Committee on Legal Affairs and Human Rights, rapporteur: Mr Contestabile).
CommDH(2010)1
11
regard, he highlights the need for an enhanced dialogue with the Muslim community to find
alternative solutions to allow property claims to be settled promptly, including the most recent
issue regarding the planned transformation of the Hamzabey Mosque.
41. The Commissioner notes with concern reports of harassment of certain religious groups, such as
Jehovah’s Witnesses and Mormons, following a letter sent by the City of Burgas to all schools in
April 2008 to warn of these religious groups, describing them as dangerous sects. In November
2008, the Jehovah’s Witnesses filed a complaint against the municipality. The Burgas
Administrative Court rejected it on the basis that it was unable to verify that the identity of the
claimant officially registered in Bulgaria matched that referred to in the letter. This religious group
filed a second complaint which is still pending. In January 2009, the Religious Confessions
Directorate warned the Jehovah's Witnesses of numerous complaints against them for engaging
minors in religious conversations without their parents' consent. The Jehovah's Witnesses
rebutted the accusations alleging their missionaries were guilty of entrapment. The group issued
internal guidelines explaining that in domestic law it was prohibited to include minors in religious
activities without parental consent.
42. The Commissioner further notes that Jehovah’s Witnesses have been questioned by police and
have been given written warnings for preaching from house to house which was considered to
disturb public order. Mormons were banned from distributing materials in public places and
engaging in religious conversations in public. On a positive note, the Commissioner observes that
in 2007 the Commission for Protection against Discrimination decided in favour of a young female
student who had lost her traineeship because of her membership in the Jehovah’s Witnesses.
43. The Commissioner is aware that the European Court of Human Rights in 2009 found a violation
of freedom of religion with regard to the 2002 Denominations Act and its implementation towards
a religious community forcing them to unite under one of two leaderships when there was deep
division in the Bulgarian Orthodox Church.11 The Commissioner notes that the Committee of
Ministers started to supervise the execution of this judgment by inviting the Bulgarian authorities
to provide an action plan or report to be considered at the next human rights meeting in March
2010.
44. Likewise, the execution of two judgments by the European Court of Human Rights concerning
unwarranted interference by the authorities in the internal organisation of the divided Muslim
community between 1995 and 1997 under the old Denominations Act of 1949 are still subject to
supervision by the Committee of Ministers.12 The Commissioner was informed by the Chief Mufti,
Dr Mustafa Alish Hadzhi, that the Sofia Court of Appeal reversed the decision of the Sofia City
Court that had recognised him as the mufti following his election at the national conference in
April 2008. A further appeal may be launched with the Supreme Court of Cassation. The Chief
Mufti informed the Commissioner that due to the long and contradictory domestic legal
proceedings, the Muslim community had lost confidence in the judicial authorities. They consider
the 2002 Denominations Act to be defective as it does not afford them enough protection as a
religious community against such civil proceedings.
45. Acknowledging the need for state supervision, the Commissioner believes that the law and
procedures relating to the functioning of religious groups should be simple and avoid
unnecessary, time-consuming and costly bureaucracy or legal proceedings which could act as
deterrents. He recalls the case law of the European Court of Human Rights which requires legal
provisions restricting freedom of religion to be clear and foreseeable.13 He thus recommends
erasing any ambiguity in the Denominations Act to ensure that its Article 7 cannot be perceived or
11 Holy Synod of the Bulgarian Orthodox Church (Metropolitan Inokentiy) and others v. Bulgaria, judgment of
22/01/2009.
12 Hasan and Chaush v. Bulgaria, Grand Chamber judgment of 26/10/2000; Supreme Holy Council of the
Muslim Community v. Bulgaria, judgment of 16/12/2004.
13 Hasan and Chaush v. Bulgaria, Grand Chamber judgment of 26/10/2000, para 86.
CommDH(2010)1
12
applied in a manner that has a detrimental effect on the enjoyment of the freedoms and rights of
members of religious groups. Local authorities and law enforcement officers need to be properly
instructed with the help of the case law of the European Court to avoid unnecessary interference
with freedom of religion. The Council for Dialogue Among Religions could act as a useful forum
for discussing concrete proposals.
2. The right to freedom of association and assembly

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46. As regards freedom of association, which includes the creation and operation of political parties,
the great importance for democracy of this freedom for persons “seeking an ethnic identity or
asserting a minority consciousness” has been emphasised by the European Court of Human
Rights.14 In this regard, political parties are essential for the proper functioning of democracy and
their existence should be allowed and facilitated as long as their ideas do not threaten democracy
itself.15
47. To strike a balance, restrictions upon the right to freedom of association may only be imposed by
states in accordance with Article 11, paragraph 2, of the European Convention on Human Rights.
As stressed by the European Court, this power must be used sparingly, as exceptions to the rule
of freedom of association are to be construed strictly and only convincing and compelling reasons
can justify restrictions on that freedom.16
48. In order to protect the unity and integrity of the state, Article 11(4) of the Bulgarian Constitution
prohibits the existence of political parties on ethnic, racial or religious lines. The Commissioner is
aware of the concern expressed by the Venice Commission and shared by ECRI that such
provisions could be used to prevent linguistic, ethnic or religious minority groups from organising
themselves.17 The Commissioner recalls that the European Court of Human Rights has
repeatedly held that restrictions on the rights to freedom of association and assembly must
always be proportionate to the objectives pursued18 and that the Court has found Bulgaria in
breach of the Convention in cases concerning the Macedonian minority.
49. In 2005 and 2006, the European Court of Human Rights held that Bulgaria violated the right to
freedom of association and assembly due to the unjustified dissolution of the party in 2000 and
the domestic court’s refusal to register a Macedonian association in 1998/99 as well as
prohibiting without justification several commemorative meetings between 1998 and 2003.19
50. The Commissioner notes that the execution of some of these judgments is still pending before the
Council of Europe Committee of Ministers. He noted with satisfaction that Macedonian
organisations were able to hold meetings in 2008 and that a Bill for a new Meetings and Marches
Act was submitted to Parliament at the end of 2008. He would appreciate receiving from the
authorities further information on this issue. As for the registration of political parties, the
Commissioner commends the amendment made in January 2009 to the Political Parties Act
2005, decreasing the number of members required from 5 000 to 2 500. The Commissioner was
informed that in the case of the dissolution of the political party Umo Ilinden-PIRIN, the Supreme
14 See Grand Chamber judgment in the case of Gorzelik and others v. Poland, 17/02/2004, para 92 ff.
15 See, inter alia Freedom and Democracy Party (Özdep) v. Turkey, Grand Chamber judgment of
08/12/1999, paras 37-48. See also European Commission for Democracy Through Law (Venice
Commission), “Guidelines on Prohibition and Dissolution of Political Parties and Analogous Measures”,
10/01/2000.
16 See Grand Chamber judgment in the case of Gorzelik and others v. Poland, 17/02/2004, para 95.
17 Opinion O. 444/2007, European Commission for Democracy through Law (Venice Commission),
CDL-AD(2008)009, 31 March 2008, para 64; ECRI, op. cit.,p. 12.
18 See, for example, United Communist Party of Turkey and Others v. Turkey, judgment of 30/01/1998 and
Sidiropoulos and Others v. Greece, judgment of 10/07/1998.
19 See the judgments against Bulgaria in the cases of United Macedonian Organisation (UMO) Ilinden-PIRIN
and others, judgment of 20/10/2005, UMO Ilinden and others, judgment of 19/01/2006, UMO Ilinden and
Ivanov, judgment of 20/10/2005, Ivanov and others, judgment of 24/11/2005.
CommDH(2010)1
13
Court of Cassation in May 2009 decided as last instance that the party could not demand reregistration
as they had not respected the formalities of the relevant law at the time, that is, the
2005 Political Parties Act. Until this final decision, the party had sought
re-registration since January 2006 in two complete sets of domestic proceedings.
51. The Commissioner is aware that the Committee of Ministers ended the supervision of this case
by issuing a Final Resolution in December 2009 and that four new applications are pending
before the Court, raising again the questions of registration of the UMO Ilinden party as well as
allegedly over-restrictive measures concerning several rallies between 2004 and 2008.20 In
particular, the applicant UMO Ilinden-PIRIN party claims that the two rejections of their requests
for re-registration violate their right to freedom of association and amount to a failure to abide by
the European Court’s judgment in the 2005 case of UMO Ilinden-PIRIN and others, in breach of
Article 46 of the Convention.21
52. The Commissioner believes that domestic law potentially restricting freedom of association
should be precise and its application proportionate to the aims pursued in the context of a
democratic society. Regardless of the outcome of the new applications lodged with the Court, the
Commissioner considers necessary the establishment by the authorities of an open, sincere and
systematic dialogue with all minorities in Bulgaria, including the Macedonian one, in line with the
Council of Europe standards. Furthermore, it would send a positive signal to all minority groups if
the domestic law, including the Constitution, could be amended in such a way that the rights to
freedom of association and assembly enshrined in the European Convention on Human Rights
were better safeguarded in practice for minorities.
IV. Enjoyment by minorities of social rights
1. Education
53. The Commissioner is aware of the numerous activities22 carried out by the Bulgarian authorities in
the field of education with a view to better integrating children of minorities, in particular Roma
children, into schools (on Roma, see also section V below). He notes with appreciation that the
Bulgarian authorities have adopted a Strategy for the School Integration of Children and
Teenagers from Ethnic Minorities (2004). Implementing this strategy, Turkish is taught as a
mother tongue from year 1 to 8. However, the Commissioner notes that reportedly only 20 000 to
30 000 Turkish children receive their education in their mother tongue, allegedly using outdated
textbooks. He would appreciate more information on further measures taken or envisaged in this
field and whether and to what extent minority languages are taught at universities.
54. The Commissioner commends the active involvement of civil society in the field of education. Yet
he is worried at reports indicating that, despite all these programmes, concrete progress remains
slow and numerous problems persist, particularly with regard to Roma, Turks and Pomaks who
generally have a lower level of education compared with the majority of the population.
55. The Commissioner notes with concern that no systematic evaluation of the measures taken so far
seems to be available which might also be due to a general lack of data on the situation of
children belonging to minorities. He considers necessary such data collection and a thorough
20 See Statement of Facts of 3/10/2008 in the joint communicated cases against Bulgaria of UMO Ilinden-
PIRIN and others, lodged on 14/08/2007 and 11/04/2008. UMO Ilinden and others, lodged on 15/09/2004;
UMO Ilinden and Ivanov (II), lodged on 6/10/2004 and Singartiyski and others, lodged on 18/10/2007.
21 Statement of Facts of 3/10/2008 in the joint communicated cases against Bulgaria of UMO Ilinden-PIRIN
and others, lodged on 14/08/2007 and 11/04/2008.
22 “Action Plan for the Implementation of the Decade of Roma Inclusion”, “Action Plan for the Framework
Programme for Equal Integration of Roma in Bulgarian Society (2006)”, “National Programme for the
Development of Primary, Secondary and Preparatory Education (2006-2015)”.
CommDH(2010)1
14
evaluation of the programmes with a view to assessing the social inclusion of minority groups’
members.
56. The Commissioner has noted that no official data seems to exist for evaluating the employment
situation of minority groups. The Commissioner reiterates that education is the key to effectively
addressing both unemployment and precarious, unskilled forms of employment. Thus, it would be
highly advisable to carry out research into the areas of education and employment which mostly
affect the situation of all socio-economically disadvantaged minority groups. Measures taken in
the field of education should be carefully evaluated with a view to assessing and improving their
impact on the employment of minority groups

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2. Employment
57. The Commissioner notes with appreciation that the Ministry of Labour and Social Policy adopted
a number of measures to improve the access of Roma to the labour market. In 2007, about 22
000 Roma participated in programmes to increase their professional qualifications and
competitiveness on the labour market as well as to motivate them to establish a career path and
actively seek employment. Programmes to develop entrepreneurship among the Roma
community were developed. The Employment Agency regularly organises job fairs for Roma in
areas with a predominantly Roma population. It also employs Roma experts to improve its
services for Roma and to train its staff to work with unemployed Roma. Nevertheless, according
to NGO information, unemployment remains particularly high among Roma with a rate of 70% to
80%.
58. During his visit, the Commissioner learned that discrimination is still an important factor
preventing certain minorities, in particular Roma, from accessing employment. The Commissioner
is aware that domestic, anti-discrimination legislation prohibits discriminatory recruitment and
obliges employers to combat discrimination in the workplace. In this context, the work of the
Commission for Protection against Discrimination is highlighted and the need to support and
reinforce such activities underlined.
59. The employment situation of Turks is unsatisfactory, too, with an estimated unemployment rate of
36%. Economically, Pomaks are worse off than the majority of the population which is also due to
their generally lower level of education. Consequently, they work in poorly paid sectors (building
industry, harvesting) and poverty is widespread. 23 In view of this situation, a systematic
evaluation of all employment-related measures taken or planned with a view to increasing their
effectiveness towards all minority groups concerned is highly advisable.
3. Health
60. The Commissioner notes with appreciation that the Bulgarian authorities are currently
implementing their “Health Strategy concerning people in disadvantaged positions, belonging to
ethnic minorities” as an integrated part of the National Health Strategy.24 In this context, he
welcomes the various measures taken to improve the situation of Roma who still suffer from
numerous health problems often due to poor housing conditions and unhealthy working
conditions. A total of 111 health mediators were recruited to facilitate the access of Roma people
to health care and 23 mobile health units now operate in the country. Recent regulations provide
free-of-charge hospitalisation to persons without income as well as obstetrical care for women
without insurance. These measures could have a wider impact if the procedures are simplified.
The Commissioner hopes that the measures taken or planned will also include ethnic Turks and
Pomaks, groups that are socio-economically disadvantaged and face similar health problems.
23 ECRI, op. cit., p. 30; see also ENAR, op. cit, p. 9.
24 www.ncedi.government.bg/en/HealthStrategyENG.htm
CommDH(2010)1
15
61. The Commissioner is concerned about reports that in Bulgaria, people have no health insurance
if they do not receive or are no longer receiving unemployment benefits and that a relevant fund
set up does not appear adequate to meet the needs of people.25 According to official statistics,
46% of Roma do not have any health insurance.26 The Commissioner notes that other minority
groups could be affected as well and would like to be informed of how and to what extent people
not covered by the Health Insurance Act may access health care.
62. The Commissioner commends the active involvement of NGOs in implementing the programmes
under the health strategy and notes that the health of the Roma population has reportedly started
to improve.27 He thus encourages the Bulgarian authorities to continue and even enlarge the
programmes and to ensure widespread dissemination of information to members of minority
groups as well as effective co-operation between the different authorities involved.
4. Social assistance
63. The Commissioner notes that the Bulgarian Constitution provides for the right to social
assistance.28 He is aware that legislative attempts to restrict this right by amending the Social
Assistance Act in such a way that social assistance for unemployed persons of working age can
be interrupted after 6, 12 or 18 months of unemployment was found in breach of Article 13
paragraph 1 of the revised Social Charter.29 In its 2009 decision concerning Bulgaria, the
European Committee of Social Rights stressed that the above legislative proposals are likely to
have a considerable impact on some of the most disadvantaged groups in Bulgaria, particularly
on Roma as they face particular difficulties in accessing the labour market and thus depend to a
large extent on social assistance. The Commissioner trusts that the Bulgarian authorities will give
full effect to the decision and safeguard the constitutional right to social assistance for Bulgarian
citizens, including those who are particularly vulnerable, such as members of minority groups.
V. Issues concerning the human rights of Roma
64. According to the 2001 national census, 370 908 individuals, i.e. 4.6% of the total population
stipulated that they were Roma. NGOs active in the field estimate the Roma population between
700 000 and one million. During the communist period, Roma were also subjected to forced
assimilation, which included them having to change their names and being forcibly resettled in
fixed communities. After 1989, the situation of Roma appeared to improve. Roma newspapers
resumed publication, political organisations were formed and cultural activities expanded. Yet
Roma remained predominantly socially excluded, marginalised and segregated and still live in
poverty with little access to health care and education. The situation started to improve slightly in
1999 when the Bulgarian authorities and Roma representatives agreed on a Framework
Programme for Equal Integration of Roma.
65. Over the last few years, the Bulgarian authorities have undertaken important steps in the fight
against different forms of discrimination towards the Roma population in the fields of education,
health, housing and employment, through strategies and action plans. Bulgaria is participating in
the Decade of Roma Inclusion. To the four priority areas (education, health care, housing and
employment), Bulgaria has added the fight against discrimination as well as culture to its action
plan. The Commissioner commends this approach which further extends the field of inclusion of
Roma.
25 ECRI, op. cit., p. 25.
26 www.ncedi.government.bg/en/HealthStrategyENG.htm
27 ECRI, op. cit., p. 25.
28 Article 51, para 1 of the Bulgarian Constitution reads: “Citizens shall have the right to social security and
social assistance”.
29 European Roma Rights Centre (ERRC) v. Bulgaria, Complaint No. 48/2008, decision on the merits,
18/02/2009.
CommDH(2010)1
16
66. Nevertheless the situation of Roma communities on the ground remains of concern as is still the
case in many other Council of Europe member states. In addition to the health care and
employment difficulties mentioned earlier (see Section IV), the main problems which require
intensified efforts include segregated Roma neighbourhoods, forced evictions from and
demolition of houses and improved access to a good standard of education.
67. Roma NGOs have indicated that violence by police against Roma continues to be reported. In
2009, the NGO, Romani Bath Foundation, reported over 30 attacks by groups of skinheads
against Roma in Sofia alone. The Commissioner calls upon the authorities to thoroughly
investigate these allegations and prosecute the perpetrators. Preventive measures should also be
taken, including continuous training of members of the police, in an effort to improve relations
between the Roma community and the police force.
1. Housing
68. The government adopted an Action Plan for 2007-2008, as part of the National Programme for
Improving the Living Conditions of Roma and a number of municipalities adopted development
plans for improving the living conditions of Roma. Several municipalities also developed cadastral
plans for compact Romani settlements. However, the Commissioner was informed that funds
allocated for social housing remain insufficient and, in some places, their construction is blocked
due to lack of co-operation with the local authorities. Furthermore, Roma are reportedly
discriminated against in the housing sector, particularly when trying to rent or buy real estate.30
The Commissioner notes with concern that many Roma still live in sub-standard housing and
often encounter difficulties in obtaining documents they should already have received showing
proof of ownership. This causes particular problems in cases of eviction as the title deeds are
required to obtain compensation. The Commissioner observes that Roma are disproportionally
affected by evictions. Often their dwellings are destroyed without alternative accommodation
being provided. The Commission for Protection against Discrimination has also received
complaints from Roma regarding their applications for proposed housing developments that were
turned down by the municipalities.
69. The Commissioner trusts that the 2005 - 2015 National Programme to Improve the Housing
Conditions of Roma will be speedily implemented, legalising housing and improving material
standards in due consideration of the relevant decision of the European Committee of Social
Rights.31 The implementation of the above programme should be continuously evaluated to avoid
possible shortfalls while Roma NGOs as well as the families concerned should be involved from
the very outset before concrete measures are taken in this domain.
70. During the Commissioner’s visit in November 2009, the Bulgarian authorities indicated that they
were working on cadastral and zoning maps, work which is still in progress. Roma face extreme
difficulties as their neighbourhoods do not have building or zoning maps in urbanised areas.
When zoning exists, they often do not have all the documentation proving their property rights
due to illiteracy or lack of knowledge of the laws. In smaller municipalities, their dwellings are
often built outside the residential districts in agricultural areas or zones under a specific regime.
71. In February 2008, the Commissioner visited a Roma neighbourhood in Batalova Vodenitsa, Sofia,
where approximately 200 people resided. Although located in the middle of the capital, the
Commissioner noted that the Roma in that neighbourhood were segregated and lacked basic
facilities, including individual access to drinking water and a regular supply of electricity. During
his visit in November 2009, the Commissioner visited the Roma settlement in the Republika
30 ENAR, op. cit. p.10.
31 European Roma Rights Centre (ERRC) v. Bulgaria, Complaint No. 31/2005, decision on the merits,
18/10/2006. Regarding the housing conditions and the circumstances of eviction of Roma families, the
committee found a violation of Article 16 of the revised European Social Charter (right of the family to social,
legal and economic protection) together with Article E (non-discrimination).
CommDH(2010)1
17
district of Sofia. The site was created in 2001 for Roma families who had been evicted from their
homes following a decision by the municipality. After the demolition of their dwellings, families
were offered metal containers of about 9 square metres as alternative accommodation.
Approximately 200 residents now live in squalor with no proper infrastructure. There is only one
tap to supply water for the whole settlement and no access to any toilets or sewage system. The
Commissioner regards these living conditions as unacceptable.

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72. The concerns of the Roma people regarding the risk of forced evictions cannot be ignored as
there are still reports of such cases from different parts of the country. During his last visit, the
Commissioner was informed of the demolition of Roma houses in Burgas in September, leaving
200 people, including children and elderly, homeless just before the winter. The Commissioner
stresses the need for immediate, concrete steps by the Bulgarian government in co-ordination
with the local authorities to ensure sustainable and healthy living conditions for the Roma
population in close consultation with the people directly concerned.
73. The Commissioner reiterates that forced evictions should be avoided when there is a real risk of
violating the European Convention on Human Rights, notably the right to respect for private and
family life (Article Cool and the prohibition of degrading treatment (Article 3).32 He invites the
authorities to provide suitable alternative accommodation in cases of eviction. Recalling his
recent Recommendation on the implementation of the right to housing of 30 June 2009, the
Commissioner insists that effective legal remedies should be available to all persons affected by
eviction orders. Moreover, the conditions for legalising constructions which had hitherto been
illegal should be relaxed to allow the authorities to tackle the housing shortage facing Roma
families.
2. The right to education of Roma children
a. Mainstream education
74. The Bulgarian Constitution and the Public Education Act provide for every child’s right to an
education. Education is mandatory from 7 until 16 years of age, with primary and secondary
education in state and municipal schools free of charge. Enrolment in kindergarten is at the
discretion of parents or guardians. In grades I to IV, transport, textbooks and snacks are provided
free of charge.33 According to UNICEF, 73.2% of infants have access to preschool education
which is proportionally much higher than in other neighbouring countries.
75. The Commissioner is aware of the measures taken by the Bulgarian authorities in the field of
education with a view to better integrating children from minorities into schools, in particular,
Roma children. 34 He is pleased to note that the authorities, in 2004, adopted the Strategy for the
School Integration of Children and Teenagers from Ethnic Minorities. Furthermore, Roma
teaching assistants have been hired by the Ministry of Education, municipalities and NGOs. The
Commissioner commends the active involvement of civil society in this field, but is disappointed to
learn that despite all these programmes, concrete progress remains slow and many problems
persist, particularly with regard to Roma children. Indeed, between 60% and 77% of Roma
children enrol in primary education whereas only 6% to 12% of Roma teenagers enrol in
secondary education.35
32 See, inter alia Moldovan and others v. Romania, judgment no. 2, 12/07/2005.
33 UN CRC, “Second periodic reports of States parties due in 1998: Bulgaria”, CRC/C/BGR/2, 01/11/2007,
para 111.
34 “Action Plan for the implementation of the Decade of Roma Inclusion”, “Action Plan for the Framework
Programme for Equal Integration of Roma in Bulgarian Society for 2006”, “National Programme for the
Development of Primary, Secondary and Preparatory Education (2006-2015)”.
35 “Equal access to quality education for Roma”, Volume 1, Monitoring reports, 2007, Open Society Institute,
EU monitoring and advocacy program (EUMAP), pp. 32-34.
CommDH(2010)1
18
76. The Commissioner notes with satisfaction that, since 2004, free-of-charge preschool education
has been made mandatory for children in the year prior to them enrolling in first grade. The
Commissioner welcomes the programmes developed by the authorities to integrate Roma
children into kindergartens and schools outside Roma neighbourhoods: As a consequence, 3 500
pupils living in predominantly Roma neighbourhoods have been integrated into comprehensive
schools in the community at large.36 The Commissioner also welcomes the implementation by the
Ministry of Labour and Social Policy of the programme for “Child welfare reform” aimed at
preparing children of preschool age from disadvantaged families (mainly of Roma origin) for
enrolment in first grade. This has led to some 12 500 children and pupils from socially
disadvantaged Roma families in 32 municipalities in the country benefiting from financial aid.
77. The Commissioner notes, however, that parents complained about the charges imposed on them
by kindergartens which amounted to between 20 levs and 40 levs (approximately €10 to €20) per
month. These charges made it impossible for families with low or no income, including Roma, to
enrol their children into school. Similarly, the UN Committee on the Rights of the Child regretted
that the places available in preschool facilities were not being fully utilised for preparing children
with disabilities and Roma children for school.37 It therefore recommended extending the early
childhood development programmes and preschool education to more children, particularly Roma
children.
78. The Commissioner notes with concern the structural reform introduced into all schools in Bulgaria
in January 2008. As a result of this reform, an annual allowance for each child enrolled into
school is granted by the state authorities to his or her school to cover all expenses relating to
education, teachers’ salaries and those of other staff as well as building maintenance. The school
budget is therefore solely determined on the basis of the number of students enrolled in the
school. The decentralisation of the budget is a further consequence of this reform and gives the
school director the freedom to determine the school’s financial priorities, whether it be utilities,
teachers’ salaries or out-of-school activities.
79. The Commissioner is concerned that, as a result of this reform and the way in which the budget is
now determined, the future of schools with a low intake of pupils will be put in jeopardy since
funding is likely to be insufficient to allow them to finance their activities and/or staff costs. By way
of illustration, 320 schools (mostly located in small settlements) were closed in March 2008 which
represents around 15% of the primary schools in Bulgaria.38 Of further concern to the
Commissioner is the significant impact of the school budgetary reform on the process of Roma
educational integration. As many Roma children were enrolled in rural or small schools and many
of these schools have closed due to budgetary constraints, a significant increase in the drop-out
rate has ensued. Indeed, many parents were reluctant to see their children making long journeys
by public transport on a daily basis to get to the nearest municipalities - even though free
transport was provided.
80. Schools that are still open, but have a limited number of children have seen their budgets slashed
which has resulted in a reduction in the number of extra curricula activities that can be carried
out. Many teachers in these schools have also had their salaries cut and there is also a strong
possibility that good teachers will be more interested in transferring to the larger schools which
have more substantial budgets and are thus in a position to offer higher salaries.39 The
Commissioner considers that this reform risks exacerbating the existing de facto segregation of
Roma in schools in majority-Roma neighbourhoods or villages with fewer human and financial
resources available.
36 UN CRC, ibid., para 108.
37 UN CRC, “Concluding observations on Bulgaria”, 23/06/2008, CRC/C/BGR/CO/2, para 57.
38 Centre Amalipe, “New challenges before Roma education integration”, n° 1, August 2008.
39 Centre Amalipe, idem.
CommDH(2010)1
19
81. The national study on causes of children dropping out of school has led to the development of a
“National programme for the prevention of drop-outs” and a “National programme for school
coverage of children in grades 1-4”, funded by the European Structural Fund. However, civil
society considers that measures to tackle the problem of children dropping out of school are not
going far enough. They consider that special actions are needed to target those children at risk in
an effort to prevent them from dropping out of school. For the UN Committee on the Rights of the
Child, the authorities’ declaration that education is a priority is incompatible with the low budgets
for education. More than 25% of the children in rural areas do not even finish the eighth grade.
The quality of education and the marked urban-rural disparities are a serious concern.40 The
Commissioner urges the authorities to analyse the impact of these new reforms on vulnerable
children, including Roma, and to ensure that every school receives the necessary funding to
provide a good standard of education.
b. Education of Roma children in special institutions
82. From 2001 to 2005, the Bulgarian Helsinki Committee reported that Roma made up half of all the
students in schools for children with intellectual disabilities and about two-thirds of the students in
boarding schools. In its 2009 report, ECRI expressed its concerns that Roma children with no
specific disabilities continued to be placed in special schools, either because they had an
insufficient grasp of the Bulgarian language or simply because these schools provided free meals
which was a persuasive argument for many disadvantaged Roma parents.
83. During his visit, the Commissioner was informed that the number of auxiliary and boarding
schools for Roma children was progressively decreasing. The authorities indicated that twelve
reform schools which were largely attended by pupils of Roma origin were closed down in 2006-
2007. An up-to-date evaluation of the pupils from these schools was conducted by integrated
pedagogical evaluation teams within the regional education inspectorates and, on the basis of
these assessments, it was concluded that the majority of Roma should be sent to mainstream
schools. Of the reform schools which were closed down, two are in Roma neighbourhoods which
lack a mainstream school.41
84. Like ECRI, the Commissioner is particularly concerned that reform establishments have a
disproportionately high number of Roma children who are sometimes sent there by their parents
because of their own socio-economic problems. The Commissioner calls for urgent measures to
be taken to tackle this problem. Appropriate and targeted awareness-raising campaigns need to
be immediately initiated to inform parents of alternative solutions as well as the possible shortterm
and long-term consequences of institutionalisation. The Commissioner urges the authorities
to adopt a concrete and comprehensive action plan to deinstitutionalise these children.
VI. The protection of children’s rights
85. Over the last decade, Bulgaria has taken important steps towards developing an effective
national child protection system. In 2000 an important child care reform was initiated with the
adoption of the Child Protection Act (CPA). The following year, the State Agency for Child
Protection (SACP) was established under the Council of Ministers as the authority responsible for
children’s rights. The National Council for Child Protection was then set up as a consultative
organ to the SACP with the participation of representatives from different governmental bodies
and NGOs. Several action plans and programmes were also adopted, including a National
Strategy for the Child for 2008-2017. Nevertheless, the Commissioner is extremely concerned
that poverty affects 17% of children in Bulgaria which is one of the highest rates in Europe.
40 UN CRC, ibid., para 55.
41 ECRI, op.cit., para 52.

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86. During his visit the Commissioner held constructive discussions with the relevant authorities,
including the newly appointed Chairperson of the SACP, Ms Nadia Shabani, and the
Ombudsman, Mr Ginio Ganev. Both expressed the need to clarify the role and the responsibilities
of the SACP. This institution has a duty to ensure that the UN Convention on the Rights of the
Child and national policies regarding children are implemented. It also co-ordinates child policies
and the action taken by the different administrative entities responsible at national and local level.
The Commissioner was informed that co-ordination between the different administrations could
be reinforced to ensure consistency in the implementation of policies throughout the country.
87. In addition to its co-ordination role, the SACP also monitors other administrative bodies involved
in the protection of children. Recently, the agency was granted powers to control administrative
bodies and to address recommendations in case of a breach of the CPA. If the recommendations
are not implemented, the SACP has the authority to impose financial sanctions on the
administration. These fines range from 2 000 to 5 000 levs (approximately €1 000 to €2 600). As
stated by several interlocutors, the risk of a conflict of interests exists between the co-ordination
role of the SACP and its sanctioning powers. Indeed, the SACP may have to control and
sanction, on a regular basis, administrations or services with which it works for the protection of
children. Therefore, the Commissioner considers that the authorities should examine the current
situation in order to prevent further difficulties. The establishment of an independent control
mechanism could be considered as an appropriate solution either within an existing body or with
the creation of a new one.
88. Regarding juvenile justice, amendments to the Juvenile Delinquency Act were made and
measures adopted regarding the deprivation of liberty by courts. However, further progress is
required to improve respect for the rights of children in conflict with the law. The Commissioner
notes with concern that “re-education” measures could be taken against children as young as 8
years old, including placement in “correctional-educational institutions”. The UN Committee on
the Rights of the Child recently put forward a number of recommendations “to fully bring the
system of juvenile justice in line with the Convention”.42
89. The Commissioner recalls that a caring society should respond promptly, resolutely and fairly to
juvenile offences. Where a child’s responsibility is in dispute, there should be a separate formal
process, in accordance with the child’s age and ability, to determine his or her responsibility.
However, this does not have to be a criminal process nor involve the criminalisation of the child.
The objectives of juvenile justice should not be retribution, but the establishment of responsibility
as well as his or her reintegration into society.
1. Human rights of children in institutions
90. In Bulgaria, there are approximately 8 000 children living in 138 institutions for children including
26 institutions for children with disabilities.
91. The Bulgarian authorities have taken important steps towards improving the living conditions of
children in institutions by initiating a deinstitutionalisation process. Residential care for children
has been transformed through the development of community-based services as an alternative to
institutional services. Their priority has been to set a precedent by raising children in a family
environment.
92. According to the law, children can only be placed in specialised institutions following a court order
once all other alternatives have been exhausted. The court proceeds in the following order: (i) a
child is placed in the family of relatives or close friends (ii) with a foster family or (iii) in a
specialised institution, unless this runs counter to the interests of the child.43
42 UN CRC, “Concluding observations on Bulgaria”, 23/06/2008, CRC/C/BGR/CO/2, para 69.
43 UN CRC, “Second periodic reports of states parties due in 1998: Bulgaria”, CRC/C/BGR/2, 1/11/2007.
CommDH(2010)1
21
93. Concerns remain regarding the duration of such stays in institutions. Periodical reviews of
placements do not appear to be a regular practice, nor do they cover every child. Furthermore,
the rights of children to express their views during these reviews are not fully guaranteed. The
Commissioner reminds the authorities that the decision to place children in an institution should
be regularly reviewed and should take into consideration their best interests. They should also be
granted the right to participate in the procedure and be allowed to express their views.
94. Structural reform in residential institutions started with their decentralisation. In 2003, the
responsibility for social care homes for children with disabilities was devolved to the
municipalities. Then in 2007, the responsibility for homes for children without parental care was
transferred to the local authorities. Only homes catering for the needs of new born babies and
children up to 3 years of age remain within the scope of central government, i.e. the Ministry of
Health.
95. Civil society considers that the reform in childcare has faced a number of difficulties, mostly due
to lack of preparation in the decentralisation process. It would appear that local administrations
were not fully prepared or equipped to exercise effective control over the new services under their
control. The lack of experienced professionals and skills to efficiently manage the funds serve to
illustrate this problem.
96. The Commissioner understands that a number of municipalities still lack both the skills and
knowledge to adequately manage the residential care institutions for children as well as those to
address the special needs of these children. As witnessed during the visit, expertise at local and
national level exists, however, there is no information-sharing system and municipalities do not
receive sufficient support from the national authorities. The Commissioner considers necessary
the establishment of national mechanisms able to offer financial and other support and guidance
to local authorities with regard to their new responsibilities.
a. Living conditions of children in institutions
97. Living conditions vary greatly from one institution to another. If several receive the necessary
public or private funding to be appropriately equipped and staffed, others face important financial
difficulties. During his visit the Commissioner noticed that efforts were being made in a number of
institutions to significantly improve the living conditions. However, the process of decentralisation
has further increased the discrepancy between the different institutions. During his visit to the
home “Rainbow” in Sofia for children with intellectual disabilities, the director indicated to the
Commissioner that the institution receives an allowance for each child from the state authorities.
This annual allowance amounts to 7 500 levs (approximately €3 900) for 2009. According to the
director, the funds allocated were insufficient to satisfy the basic needs for food, accommodation
and heating. The institution would not have been able to function and pay its staff without the
additional support from the municipality as well as private donors.
98. The current financial downturn in Bulgaria risks further decreasing the means available. Indeed,
the support provided to institutions by municipalities and private entities has already dwindled.
Bearing this in mind, the Commissioner notes with great concern the statement made by the
Ombudsman after having undertaken several inspections of institutions: “The most grievous
problems are related to improving and maintaining the living standards of abandoned children
and children with disabilities placed in specialised institutions”. 44
99. Standards and rules are not homogenous across the country. Public and private sectors apply
different standards and each municipality has a lot of leeway with regard to managing institutions.
Like the UN Committee on the Rights of the Child, the Commissioner considers necessary that
rules and practices be harmonised.
44 Bulgarian Ombudsman, “Annual report”, 2008.
CommDH(2010)1
22
100. For children with disabilities, placement could also be improved by taking account of the
individual needs of the child. Lack of funding rarely allows for a detailed evaluation of the child’s
needs upon admittance or during his or her stay in the institution. The Commissioner was
informed that the Ombudsman had received a number of complaints regarding poor health care
in institutions for children with disabilities. For children without parental care, similar reviews of
their situation are also lacking. The Commissioner invites the authorities to establish an individual
care plan for each child institutionalised which should be reviewed at regular intervals.
101. The Commissioner would like to pay tribute to the difficult, but crucial work undertaken by the
staff of institutions and alternative structures working with and for children in need. They are
fundamental elements in safeguarding the rights of children under their control. However, civil
society has indicated that the qualifications and training of staff could be improved. It appears that
in a limited number of cases – mostly in large, old institutions in rural areas - employees,
including directors, are reluctant to implement national policies, including the deinstitutionalisation
process. In addition, some institutions or alternative structures face difficulties in recruiting
specialised medical experts. The Commissioner underlines the need for all staff working for
children in institutions to receive appropriate initial and ongoing training as well as the budget
needed to fulfil their duties. National policies also need to be fully implemented throughout the
country.
b. The deinstitutionalisation process
102. The law stipulates that institutions should be a last resort when it comes to placing children in
out-of-home care. However, in practice institutions are the only real option in many cases. The
state authorities as well as civil society have taken a number of initiatives to improve the life of
children in institutions and have endeavoured to accelerate the deinstitutionalisation process.
This willingness on the part of the national authorities to improve the situation has been warmly
welcomed. The SACP is a body mandated to carry out inspections and, in 2004 and 2006, it
reviewed all institutions housing children throughout the country. Following this review,
recommendations were issued on reforms to be implemented in every institution for children and,
in a number of cases, the agency even recommended the closure of some institutions because
they were situated in remote locations, lacked staff or offered a sub-standard quality of care.
103. Since 2006, 10 homes for children have been closed down, three of these in 2009 alone,
including a home for children with intellectual disabilities in Mogilino. These children have since
been integrated into family environments or accommodated in family-type structures. Indeed,
since 2007, the authorities have endeavoured to develop family-type accommodation centres
which have resulted in the construction of some 30 centres today, housing up to a total of 353
children. However, according to civil society, a number of institutions have, regrettably, not been
closed down, only reclassified. 45
104. Three Ministries (of Health, of Labour and Social Policy and of Education and Science) and at
least ten administrative authorities are responsible for the protection of children in institutions. In
addition, private entities or NGOs manage a number of institutions. Based on information
received, it appears that the exchange of information among the different authorities could be
improved. The UN Committee on the Rights of the Child invited the authorities to enhance coordination
between all persons involved in the care of children deprived of a family environment,
including the police, social workers, foster families and the staff of public and private orphanages.
In his discussions with the Commissioner, the Ombudsman called for a single mechanism to coordinate,
monitor and evaluate social services for children.
45 Bulgarian Helsinki Committee, “Assessment Report on the Conditions and Perspectives of the Institutions
for Children in Bulgaria and of the Progress made in Implementing the Governmental Obligations under the
UN Convention on the Rights of the Child”, November 2006, p.43.
CommDH(2010)1
23
105. The Commissioner was informed that national law provides for a number of measures which
guarantee support for parents raising their children in a family environment.46 According to the
law, every parent and all persons caring for a child may request support from the Social
Assistance Directorate and the SACP. Receiving this support appears to be limited. The
Commissioner was informed that some parents of newly born babies diagnosed with intellectual
disabilities - especially those with Down’s syndrome – were still being advised to place their
babies in an institution due to the lack of alternatives.
106. Institutions for children with intellectual disabilities from birth up to 3 years of age are under the
responsibility of the Ministry of Health. This particular responsibility is seen by many stakeholders,
including parents, as problematic, particularly since the Ministry of Labour and Social Policy takes
over the responsibility for these children as from the age of 3 years. This situation has brought
about a lack of continuity of care. Secondly, it appears that in these institutions, children are seen
more as patients and, as a result, stimulation and contact with adults or other children are
sometimes limited. The Commissioner calls on the authorities to evaluate whether it would be
possible to transfer the responsibility for all the institutions for children to the same national
authority as well as undertake a thorough assessment of the care provided to children with
disabilities between birth and 3 years of age.
107. Despite efforts made by the authorities, community-based alternatives for children placed or at
risk of placement remain limited. The UN Committee on the Rights of the Child was concerned
about the insufficient number of foster families and the inadequate training offered to them which
results in a high proportion of children still being placed in institutions.47 Civil society as well as
parents met during the visit confirmed these problems. There are 68 day-care centres for children
and youths with disabilities with a capacity to accommodate just under 2 000 children for the
whole country.48 Their lack does not allow each centre to offer tailor-made support to children.
Civil society considers that parents are not sufficiently and sustainably supported. Homes for
groups of small children providing family-type care (or as good as) are only available in one city in
Bulgaria for 40 children aged between three years and seven years old. On 30 June 2009, there
were only 218 children living with foster families in Bulgaria. The Commissioner considers that the
deinstitutionalisation process cannot be successful without a sufficient and adequate network of
alternative structures.
108. Where alternatives exist, full use is not being made of them. The children’s home N° 8 “Rainbow”
visited by the Commissioner in Sofia offered day care and/or care for up to a week. However,
only five children were benefiting from this service. Further opportunities should be offered to
parents both in terms of preventing placement as well as allowing children to live in a family
environment. Where they exist, these alternatives should be made known to parents and carers.
109. The Minister of Labour and Social Policy indicated that national authorities are currently preparing
a concept paper to set clear policies and alternatives so that the deinstitutionalisation process can
be implemented. The Commissioner calls upon the Bulgarian authorities to develop further and
implement rapidly the deinstutionalisation process including through the development of
preventive measures.
46 These measures include: providing pedagogical, psychological and legal support to parents or persons to
whom parental rights have been entrusted on issues relating to the upbringing and education of children;
consultations for parents or persons to whom parental rights have been entrusted on issues regarding social
assistance and social services; ensuring co-operation to improve social and economic conditions; social
work to facilitate the relations between children and parents and family conflict and crisis resolution; support
to those looking to adopt in preparation for assuming their parental rights; support during the adoption itself
as well as protection of the rights of the child in ending the adoption.
47 UN CRC, “Concluding Observations on Bulgaria”, 23/06/2008, CRC/C/BGR/CO/2, para 35.
48 Information provided by the SACP during the Commissioner’s November visit.

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110. Finally, during the visit, the Commissioner expressed his concern that the deinstitutionalisation
process could create a so-called “lost generation”. Children who are currently living in institutions
may suffer from certain measures taken or the delay in implementing new policies. A number of
NGOs also expressed their concerns about the fate of children in institutions that have just turned
or will shortly be turning 18 years of age. Adequate structures are often lacking for them. The risk
exists that these young adults could be forced to go back and live with their family or relatives
without any preparation or reintegration plans.
2. The right to education of children with disabilities
111. In Bulgaria, children with intellectual or physical disabilities can be educated either in mainstream
schools, specialised schools called “auxiliary schools” or within the institution where they live.
While education in mainstream and auxiliary schools is under the control of the Ministry of
Education, the training and education provided within the institutions are under the responsibility
of the Ministry of Labour and Social policy. There are about 20 000 children with disabilities in
Bulgaria of which 5 573 are integrated into mainstream schools and 7 700 are in special schools.
As this shows, the vast majority of children living in institutions continue to be educated within the
institution itself.
112. In June 2008 the European Committee of Social Rights (ECSR) adopted a decision regarding
access to education of children with disabilities in Bulgaria.49 In its decision, the Committee found
that children with moderate, severe and profound intellectual disabilities living in “Homes for
Mentally Disabled Children” did not have an effective right to education. It considered that
Bulgarian education standards were inadequate because mainstream education was not
accessible to them. Only 2.8% of children living in institutions were integrated into mainstream
primary schools and only 3.4% attended special classes within the institution. Furthermore,
mainstream schools and teachers were not equipped or trained to meet the needs of children with
intellectual disabilities.
113. State authorities announced their willingness to include the majority of children with disabilities in
mainstream schools and several measures were taken to this end. Firstly, in January 2009, a
Regulation for the Education of Children and Pupils with Special Educational Needs and/or
Chronic Diseases was adopted50 which recognises the need to integrate children with special
educational needs into mainstream schools. The regulation describes the procedure to determine
whether a child should attend an auxiliary or a mainstream school. It also sets out collective and
individual educational plans on which the educational needs of children are to be based. This
step towards more adaptable curricula was welcomed by civil society. Secondly, a draft law on
preschool education as well as amendments to the Public Education Act are currently being
discussed within the government. The Commissioner commends the announcement made by the
Deputy Minister of Education that civil society will be included in the drafting process.
114. The Ministry of Education invested approximately one million levs (approximately €512 000) in
2008 and 780 000 levs (approximately €400 000) in 2009 to structurally adapt schools. A
resource centre was established in each of the 28 regions of Bulgaria. The aim of these centres is
to help both integrate children with special educational needs into mainstream educational
establishments and draw up a comprehensive state policy. Resource centres function with the
help of a team of specialists comprising resource teachers, psychologists, and speech and
hearing specialists. They can provide support to children with disabilities attending mainstream
schools.
49 Mental Disability Advocacy Center (MDAC) v. Bulgaria, Complaint No.41/2007, decision on the merits,
03/06/2008.
50 Regulation n° 1/2009 for the “Education of Childre n and Pupils with Special Educational Needs and/or
Chronic Diseases”, 23/01/2009.
CommDH(2010)1
25
115. The authorities recognise, however, that further efforts are needed. The Deputy Minister of
Education acknowledged that the procedure to determine what type of school a child could attend
is complex and cumbersome. The fact that the Ministry of Labour remains responsible for the
schooling provided within institutions is another source of concern. The collection and treatment
of data could be improved and harmonised as the Ministry of Education and the SACP
recognised that they have different data. The authorities also admitted that there should be an
increase in the funds allocated to the resource centres so that more staff can be employed and
the quality of the work of these centres is enhanced.
116. In his discussions with the authorities, the Commissioner was informed of cases where children
with disabilities living in institutions were not educated in mainstream or auxiliary schools so that
the educators could safeguard their own jobs within the institutions. The closure or the merger of
auxiliary schools has also led to children missing out on an education because the buildings
constructed in their place were not appropriately equipped or were situated too far from their
homes. More generally, it appears that co-ordination between the child protection system and the
educational system should be improved to adjust the scope of their activities and integrate and
retain children at school.
117. Representatives of civil society expressed their doubts about the authorities' objectives regarding
access to education for children with disabilities. By way of illustration, it was highlighted that
children in special schools cannot repeat a year. Even if they do not reach the educational
standards required, they are still allowed to move up to the next level - which is not the case for
other children. This proves that these special schools are not really there to provide a good
standard of education, but to keep these children occupied until they reach 16 years of age – the
age limit for compulsory schooling. The Commissioner calls the authorities to address this
problem.
118. The Commissioner considers that specific measures should be taken to include children in the
mainstream education system. Like the ECSR,51 he considers that the integration of children with
disabilities into mainstream schools in which arrangements are made to cater for their special
needs should be the norm and teaching in specialised schools must be the exception. Therefore,
he invites the authorities to adopt a timetable for eliminating both segregation in schools and
practices which deny children schooling in accordance with the 2008 ECSR decision concerning
Bulgaria52. In this process, civil society should be seen as an active partner. The work realised by
the Bulgarian Helsinki Committee and the Mental Disability Advocacy Center in the follow up to
the ECSR decision could be useful elements for further dialogue and improvement.53 In addition
to legal reforms and an increase in the resources available, the authorities should prepare
teachers, children and parents for the day when children with disabilities can enter mainstream
education.
119. Inclusive education does not mean the integration of children with different levels of ability into
one school; it is not so much about where children are educated as the education itself being
available, accessible, inclusive and adapted to children’s needs. Education should cater for a
range of needs which is only possible if a different culture exists in schools. Every child is entitled
to receive a good standard of education. The Commissioner invites the authorities to ensure that
any improvements in the education offered to children with disabilities are made promptly and do
not to leave any child behind. Appropriate reforms should be put in place to ensure that activities
pursued by intellectually disabled children living in institutions – who attend neither mainstream
51 Autism-Europe v. France, Complaint No.13/2000, decision on the merits, 4/11/2003, para 49.
52 Mental Disability Advocacy Center (MDAC) v. Bulgaria, Complaint No.41/2007, decision on the merits,
03/06/2008.
53 MDAC & Bulgarian Helsinki Committee, “An evaluation of progress towards inclusive education of children
with disabilities in Bulgaria: one year after the decision of the European Committee of Social Rights in the
collective complaint MDAC v. Bulgaria”, October 2009.
CommDH(2010)1
26
nor special schools – are based on teaching methods which comply with the aforementioned
decision of the ECSR and its relevant case law.

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VII. Conclusions and recommendations
General
120. The existence of minority groups should be considered as a major source of enrichment for any
society. The effective protection by states of minority groups is a necessary condition for the
establishment and preservation of social cohesion. The Commissioner thus encourages the
Bulgarian authorities to fully adhere to and give effect to the Council of Europe standards of
protection against discrimination, racism and xenophobia. He recommends ratification of Protocol
N° 12 to the European Convention on Human Rights, o f the European Charter for Regional or
Minority Languages and of the Additional Protocol to the Convention of Cybercrime concerning
the criminalisation of acts of a racist and xenophobic nature committed through computer
systems.
Protection against discrimination, racism and intolerance towards minorities
121. The Commissioner recommends that the authorities exempt the Commission for Protection
against Discrimination from budgetary cuts and ensure its proper functioning by allocating
adequate resources as well as continuing the information campaigns on anti-discrimination laws
and the work of the said Commission.
122. The Commissioner refers to the Council of Europe standards regarding minority protection and
recommends that the NCCEDI be structured in such a way as to ensure that all minority groups
are represented and that NGOs participate on a clearly defined basis in line with good
administrative practice.54
123. The Commissioner recommends that an explicit provision be included into the domestic criminal
code that makes racist motivation an aggravated circumstance for all offences. He further
recommends that the Bulgarian authorities scrutinise domestic laws with a view to ensuring that
excessive use of force by the police is prevented through clear legal provisions in line with the
case law of the European Court of Human Rights. The implementation of these laws should be
accompanied by systematic training of officers and by the adoption of measures to increase the
number of members of minority groups working in law enforcement and in the judiciary.
124. In this context, the Commissioner recommends that a framework for effective investigations into
alleged police misconduct be created, possibly by establishing an independent body, as is the
case in some other European countries.55
125. Noting the importance of reliable data to evaluate the effectiveness of projects and programmes
in this field, the Commissioner recommends that the authorities consider the implementation of a
comprehensive data-collection system, possibly by introducing a pilot project.
126. Noting with concern a growing Islamophobia, the Commissioner recommends an enhanced
dialogue between the Bulgarian authorities and the Muslim community at large, including the
Pomaks, with a view to promoting tolerance and mutual understanding.
54 See Advisory Committee of FCNM, “Commentary on Participation”, 05/05/2008.
55 See the example of the Irish Police Ombudsman Commission described in the Commissioner’s report on
his visit to Ireland, 26-30/11/2007, para 25. See also the Commissioner’s Opinion concerning independent
and effective determination of complaints against the police, CommDH(2009)4, 12/03/2009.
CommDH(2010)1
27
127. As regards the victims of the “Revival Process”, the Commissioner invites the authorities to
provide reparation to all victims concerned regardless of their ethnic origin, in the form of
compensation and/or satisfaction, in accordance with the established principles of international
law. As regards the pending pension claims of persons forced to leave Bulgaria, the
Commissioner calls for a speedy, non-bureaucratic solution in view of the age of the people
concerned.
Minorities’ freedom of religion, association and assembly
128. The Commissioner recommends that provisions regarding the registration of religious
denominations be simple to avoid unnecessary restrictions of freedom of religion. Furthermore,
any ambiguity in the current Denominations Act should be erased and local authorities as well as
law enforcement officers should be properly instructed with the help of the case law of the
European Court of Human Rights to avoid unnecessary interference with the freedom of religion.
The Council for Dialogue Among Religions may serve as a forum for developing further concrete
proposals.
129. The authorities are called on to thoroughly investigate all attacks on religious sites and bring
identified perpetrators to justice.
130. As regards the cases relating to properties which were nationalised under the communist regime,
the Commissioner calls upon the Bulgarian authorities to resolve outstanding property claims
relating specifically to the Muslim community by establishing fast, efficient, domestic remedies to
accommodate such claims and restore well-founded rights. In this regard, he strongly
recommends an enhanced dialogue with the Muslim community to find alternative solutions to
quickly settle property claims, including the most recent issue of the planned transformation of the
Hamzabey Mosque.
131. The Commissioner recommends a, open, systematic dialogue with all minority groups in Bulgaria
as well as amending the Bulgarian Constitution in a way that the right to freedom of association
and assembly is effectively safeguarded, fully in line with the standards of the European
Convention on Human Rights and the case law of the European Court.
Enjoyment by minorities of social rights
132. The Commissioner encourages the authorities to continue their efforts to integrate children from
minorities. He recommends that data be collected and a systematic evaluation of the respective
educational programmes be carried out with a view to creating an educational system that better
combats segregation and improves job prospects for minority group members.
133. While appreciating the numerous measures adopted to improve access of minority groups to the
labour market, the Commissioner recommends their systematic evaluation with a view to
increasing their effectiveness towards better integrating all minority groups concerned into the
labour market.
134. The Commissioner encourages the authorities to strengthen their efforts to implement their
National Health Strategy with a view to improving access to information and health services by
members of socio-economically disadvantaged minority groups, in particular Roma, Turks and
Pomaks and to ensure effective co-operation between the different authorities involved.
135. He calls upon the authorities to safeguard the constitutional right to social assistance for
Bulgarian citizens including particularly vulnerable groups in light of the relevant decision of the
European Committee of Social Rights of February 2009.
CommDH(2010)1
28
Issues concerning human rights of Roma
136. The Commissioner calls on the authorities to implement speedily all plans adopted in the
framework of the Decade for Roma Inclusion. He calls for these plans to be implemented through
targets and indicators for implementing policies that address legal and/or social discrimination
against Roma, in accordance with the Council of Europe Committee of Ministers
Recommendation CM/Rec(2008)5 on policies for Roma and/or Travellers in Europe.
137. The Commissioner urges the authorities to conduct effective investigations into alleged violence
by police and non-state actors against Roma. Administrative and penal sanctions must be taken
against any police misconduct. Regarding violence by non-state actors, the groups of extremists
responsible must be prosecuted. Preventive measures should also be taken. More generally, the
Commissioner considers that hate speech against minorities, including Roma, must be countered
with preventive and prosecutorial actions. He calls upon leading politicians to set an example by
demonstrating tolerance and mutual respect.
138. Noting the unsuitable housing situation of many Roma people, the Commissioner recommends
that the Bulgarian authorities ensure that adequate alternative accommodation is in place before
any evictions take place. In this context, the 2006 decision of the European Committee of Social
Rights must be fully respected and its recommendations implemented. The Commissioner
considers unacceptable the situation witnessed during his visits, where Roma families live in
squalor without access to water, sewage or electricity.
139. Recalling his 2009 Recommendation on the implementation of the right to housing, the
Commissioner points out that procedures legalising constructions and registration of ownership
should not impose conditions that could not be satisfied by long-term tenants. Vulnerable groups,
including Roma, should be made aware of the evolution of property rights. The Commissioner
calls on the authorities to ensure that cadastral and zoning mapping in certain municipalities will
not be used as a way to deprive Roma families of their dwellings.
140. The Commissioner recalls the 2009 decision of the European Committee of Social Rights
concerning access to social welfare and health care of disadvantaged persons, including Roma56
and invites the authorities to give full effect to this decision. Particular attention should be focused
on the Roma population which often lives in harsh conditions.
141. The Commissioner welcomes the measures taken to improve access of Roma to the labour
market and recommends that the authorities pursue such measures further. Improvements in
literacy among Roma adults as well as the development of specific training could help to reduce
the high level of unemployment among Roma. In the context of the current economic crisis, there
is a high risk of Roma being further marginalised. Protection against discrimination is therefore
key. The Commissioner invites the authorities to guarantee that the Commission for Protection
against Discrimination continues its important activities with a view to restoring the rights of
victims of discrimination.
142. The Commissioner invites the authorities to make further efforts to decrease drop-out among
Roma children. Specific data should therefore be collected. Root causes of drop-out must be
better identified and measures taken to address them. Further budgetary efforts should be made
to ensure that every child, including Roma, has access to a good standard of education.
143. The Commissioner recommends that the authorities undertake a thorough analysis of the
consequences of the recent school reform and its impact on children’s access to education,
including Roma. The reported increases in children dropping out of school indicate that the reform is not effective.
In this context, the Commissioner highlights the importance of consulting
teachers, NGOs and parents.
56 European Roma Rights Centre (ERRC) v. Bulgaria, Complaint No. 48/2008, decision on the merits,
18/02/2009.

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144. The Commissioner calls for urgent measures to be taken regarding the placement of Roma
children in institutions. Appropriate and targeted awareness-raising campaigns should be
immediately initiated to inform parents of alternative solutions as well as the possible short-term
and long-term consequences of such an institutionalisation. The Commissioner urges the
authorities to adopt a concrete and comprehensive action plan to deinstitutionalise these children.
Protection of the rights of the child - children in institutions
145. The Commissioner calls on the authorities to reflect further upon the role and possible
enhancement of the work of the State Agency for Child Protection, in order to remedy
shortcomings identified in the present report.
146. The Commissioner invites the Bulgarian authorities to reform the juvenile justice system and bring
it into line with international and European standards. The Commissioner’s Issue Paper on
juvenile justice may also be a source of inspiration.57 Prevention of juvenile offending, diversion or
restorative justice are elements to be considered in this process. The Commissioner further
highlights that detention of children can only be used as a measure of last resort and for the
shortest period of time.
147. The Commissioner remains deeply concerned about the persistence of large and unsuitable
institutions for children in which their rights are not respected. The Commissioner invites the
authorities to ensure that every child in out-of-home care lives in suitable and humane conditions.
Existing institutions must receive sufficient funding from public authorities in order to ensure
satisfactory services. In addition to basic needs, particular attention should be focused on
granting access to medical treatment. Authorities are further invited to develop the means to
maintain family ties between the child and his or her relatives.
148. The Commissioner stresses the importance of establishing an individual care plan for each child
institutionalised which should be regularly reviewed. The decision to place a child in an institution
which is ordered by the courts should also be reviewed on a regular basis. During this procedure,
the views of the child should be heard and his or her best interests should be of primary concern
in accordance with the UN Convention on the Rights of the Child. The Commissioner also calls
for regular monitoring of all the out-of-home care and institutions.
149. Bearing in mind the numerous administrations responsible for the protection of children in
institutions, the Commissioner calls for co-operation to be strengthened between these bodies.
The possible transfer of responsibility should be considered, with regard, for example, to the
institution housing children from birth to 3 years of age in order to harmonise practices and care.
The Commissioner considers that a national mechanism able to offer support and guidance to
local authorities and to allow for the exchange of good practices should be established. Sufficient
funding should also be allocated to the municipalities to ensure that children are treated equally
throughout the country.
150. The Commissioner recommends that particular attention be placed on children’s rights, including
their right to complain to an independent body as well as to participate in the organisation of their
institution. The Commissioner invites the authorities to ensure that social workers and other staff
receive appropriate, initial and ongoing training as well as necessary budgets to fulfil their duties.
The dissemination of national policies should be ensured and their full implementation secured.
57 Commissioner’s Issue Paper, “Children and juvenile justice: proposals for improvements”,
CommDH/IssuePaper(2009)1, 19/06/2009.
CommDH(2010)1
30
The deinstitutionalisation process
151. The Commissioner strongly believes that institutions are not fit for children. He therefore
commends the Bulgarian authorities’ efforts to pursue the deinstitutionalisation process and offer
alternative accommodation and treatment to children with disabilities or without parental care.
152. The Commissioner recalls that the UN Guidelines for alternative care of children58 and the
Council of Europe Recommendation on the rights of children living in residential institutions59
should serve as reference standards in the deinstitutionalisation process as well as in the
development of alternative care.
153. The Commissioner encourages the authorities to adopt comprehensive deinstitutionalisation
programmes that should encompass both a short-term and a long-term strategy. The reform is to
be implemented consistently throughout the country. In addition to preparing a budget, the action
plan must include a road map with short-term and long-term objectives as well as a definition of
the roles of the different national, regional and local authorities. The Commissioner encourages
the authorities to involve all stakeholders in the process, including local authorities, civil society,
parents and relatives as well as the children themselves.
154. The implementation of the deinstitutionalisation process can only be successful if alternatives,
such as foster care or day care, are offered to families and children. The Commissioner invites
the authorities to develop further measures to prevent the placement of children as well as to
place the issue of the child’s reintegration as the priority of the overall process.
155. The Commissioner considers that children in need of care should be placed in smaller, familytype
establishments or with foster families. The best interest of children in institutions must be
assessed on an individual basis and the right approach adopted so that they can be gradually
moved from large, anonymous structures to family-type centres. Children in out-of-home care
should receive a good standard of education to prepare them for living independently in the
future. Furthermore, the placement of a child in out-of-home care should be reviewed periodically
and the functioning of institutions adequately monitored. The participation of children themselves
in the decision-making process regarding their placement is particularly important.
156. The Commissioner calls on the authorities to pay particular attention to children currently living in
institutions in order not to create a “lost generation”. Appropriate measures for children who have
just turned or will shortly be turning 18 years of age should be one of the key priorities.
The right to education of children with disabilities
157. The Commissioner calls for the full and swift implementation of the 2008 decision of the
European Committee of Social Rights regarding education of children with disabilities in
institutions. He invites the authorities to adopt all measures necessary for ensuring that children
with physical and intellectual disabilities are educated in the mainstream education system as far
as possible.
158. The Commissioner invites the authorities to adopt a timetable for eliminating both segregation in
schools and practices which deny children schooling. The plan should include measures to train
teachers and non-pedagogical staff, to collect data and statistics and to raise awareness among
all stakeholders of the plight of children in need.
58 Adopted by the Human Rights Council on 15/06/2009, A/HRC/11/L.13.
59 Recommendation Rec(2005)5 of the Committee of Ministers on the rights of children living in residential
institutions, 16/03/2005.
CommDH(2010)1
31
APPENDIX
COMMENTS OF THE BULGARIAN AUTHORITIES
on the Report of Mr. Thomas Hammarberg
Commissioner for Human Rights of the Council of Europe
following his visit to Bulgaria from 3 to 5 November 2009
The Bulgarian authorities have carefully considered the report of Mr Thomas
Hammarberg, Commissioner for Human Rights of the Council of Europe, following his
visit to Bulgaria (3-5 November 2009). During his visit, the Commissioner received full
co-operation from the Bulgarian authorities and was provided with detailed information
on all the issues that he raised.
The Report, in general, acknowledges, the measures taken by the Bulgarian Government
in the areas of concern (children’s rights, particularly the rights of children in institutions,
and the rights of persons belonging to minority groups). Consequently, it can only be
regretted that the oral and written information, provided to the Commissioner for Human
Rights by the competent Bulgarian authorities, has not been sufficiently reflected in his
Report. Therefore, in accordance with the established procedure and in the spirit of
constructive co-operation, the Bulgarian authorities would like to make the following
observations:
Unfortunately, the Report contains some general allegations without, in most instances,
specifying their sources and without providing concrete facts – e.g., the alleged 110 cases
of attacks on Muslim houses or places of worship in the past 20 years (paragraphs 25
and 129).
The Report also refers to conclusions of other monitoring bodies, such as ECRI
(paragraphs 16 and 21), to which the Bulgarian authorities have already provided
replies. Unfortunately, these replies were not taken into consideration by the
Commissioner. E.g. criticism is levelled at the existing Religious Denominations Act
(paragraph 3 of the Executive Summary and paragraph 128 of the Report), to which the
Bulgarian authorities have already responded on numerous occasions.
Likewise, broad generalisations are made on the basis of isolated cases, e.g. allegedly
growing intolerance and a tendency of Islamophobia in Bulgarian society (paragraphs 2
and 3 of the Executive Summary and paragraphs 5, 23, 24, 126 and 129 in conjunction
with paragraphs 38, 39, 41, 42 and 45 of the Report).
The Report also calls for the “full” execution of judgments of the European Court of
Human Rights and decisions of the Committee of Experts under the European Social
Charter, which Bulgaria is under obligation to execute without such additional appeals.
CommDH(2010)1
32
With respect to the above allegations, it should be recalled that no State is immune to
manifestations of intolerance. The Constitution and the relevant legislation of Bulgaria
explicitly prohibit discrimination, including on grounds of religion or belief. The State
promotes and encourages tolerance and respect among adherents to different faiths, as
well as between believers and non-believers. In the few – regrettable - incidents when
houses of worship had been vandalised, the Directorate of Religious Affairs with the
Council of Ministers reacted without delay and alerted the law enforcement authorities.
Thus, in 2009, when the mosques in Nikopol and Blagoevgrad were set on fire
(paragraph 25), financial resources were immediately allocated for their restoration.
With regard to restitution, the relevant legislation - the 2002 Religious Denominations
Act -provides for restoration of ownership ex lege and extends the time limit for such
claims until 2013 (§ 5 of the Transitional and Final Provisions of the Religious
Denominations Act). Consequently, the law does not need to be amended.
The Report further recommends that the Constitution be amended “in line with the
standards of the European Convention on Human Rights and the case law of the
European Court” for the purpose of safeguarding the minorities’ right to freedom of
association (paragraphs 48 and 131). However, no convincing arguments in support of
such legislative revisions have been provided. In this respect the following should be
emphasised:
Regarding paragraph 3 of the Executive Summary and paragraph 128 of the Report:
The Religious Denominations Act (State Gazette No. 120 of 2002) regulates the right of
religion as an absolute, personal and inalienable human right. Its exercise is not limited to
freedom of association: setting up a religious community, participating in a religious
community or organising institutions of the community. Legal personality is acquired in
registration proceedings only on the basis of documents, and is simplified as much as
possible. This proceeding can by no means be considered as impeding or restricting
freedom of association. The Sofia City Court strictly observes the procedure for
registration of religious denominations and effects the entries in due time. 75 (seventyfive)
new religious denominations were registered between 2003 and 2009. The Religious
Denominations Act does not impose on religious denominations the obligation to register
their local divisions: their own statutes determine whether they should do so or not.
Depending on the provisions of the statutes, if their respective leaderships decide, they
can register their local divisions as legal persons with the competent district court or with
the municipality mayors, according to a notification scheme (Article 19 and Article 20 of
the Religious Denominations Act).
In the context of the above, it should be reiterated that the Religious Denominations Act
is consistent with the international human rights standards. The Act is applied in
compliance with the relevant international legal obligations of the Republic of Bulgaria,
including the obligations arising from the European Convention on Human Rights and
the International Covenant on Civil and Political Rights, and is in conformity with
Resolution 1390 (2004) of the Parliamentary Assembly of the Council of Europe
(PACE).

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Regarding paragraph 38:
Being aware of the possible difficulties which denominations may encounter when they
have to prove succession upon restitution of properties, the legislator has established a
special simplified procedure in § 4 of the Transitional and Final Provisions of the
Religious Denominations Act. The Directorate of Religious Affairs has already issued
certificates of succession, provided for in the above provision, to all denominations which
have requested them, including the Muslim denomination, but the latter has not taken the
requisite action. It should be also noted that compared to other religious denominations
Muslims have the largest number of places of worship per capita: over 1,200. As to the
payment of 4% of the property value, this is a requirement of all natural and legal persons
and not just of denominations at large and the Muslim denomination in particular.
The mosque in Stara Zagora, which was built over the ruins of an older Christian church,
constitutes public state property and enjoys the status of a national cultural landmark.
There is a multiannual programme for exploration of the archaeological heritage beneath
the mosque. Its accurate archaeological study establishes the presence of various religions
and their coexistence in the Bulgarian lands.
Regarding paragraph 39:
The construction of an Islamic Centre and a second mosque in Sofia, just as many other
construction projects, has been suspended due to the forthcoming review of the status of
“Studentski Grad” and not because of any refusal. Neither has the permission for the
construction of a mosque in Burgas been revoked. The order in question concerns only
the removal of the minaret (of which 2 metres in total had been built) because its
construction was started without a design and the proper building permit. The
construction of meeting halls in Veliko Tarnovo and Varna has neither been banned nor
refused; the relevant procedure is under way.
Regarding paragraph 41:
With respect to the letter of the Deputy Mayor of Burgas to the school principals, which
contained abusive qualifications of certain religious denominations, the Directorate of
Religious Affairs had immediately sent a letter to the Burgas District Prosecutor’s Office
requesting the institution of criminal proceedings.
Regarding paragraph 42:
The only requirement with regard to preaching from house to house is that it should be
organised in such a way as not to disturb citizens at their own homes and not to breach
municipal regulations concerning public order.
Regarding paragraph 45:
Article 7 of the Religious Denominations Act incorporates the provisions of the European
Convention on Human Rights and the Constitution of the Republic of Bulgaria.
The Bulgarian authorities agree with the general conclusion derived from the case law of
the European Convention of Human Rights that the law should be both adequately
accessible and predictable so as to enable the individual – if need be with appropriate
CommDH(2010)1
34
advice – to regulate his conduct. However, it should be noted that the Judgment of the
European Court in the Case of Hasan and Chaush v. Bulgaria, which the Commissioner
invokes in his Report when commenting on an alleged “ambiguity” in the Religious
Denominations Act, dates back to 2000, whereas Article 7 of the new Religious
Denominations Act (in force since 2002) contains clear and predictable limitations to the
right of religion, its protection, as well as the legal status of the religious communities
and institutions and their relations with the State, in conformity with the standards of the
Convention.
Regarding paragraphs 48, 52 and 131:
The Constitutional Court of the Republic of Bulgaria has clearly defined the scope of
Article 11 (4) of the Constitution. The Court stated that Article 11 (4) prohibits the
existence of political parties the membership of which is expressly limited by the
provisions of their statutes to persons belonging to a particular racial, ethnic or religious
group, regardless of whether it is in a minority or in a majority. Consequently, this
constitutional provision may not be used to prevent any particular linguistic, ethnic or
religious minority groups from “organising themselves a priori.” On the contrary, there
exist political parties whose membership consists overwhelmingly of members of a
particular ethnic group, as well as associations formed by persons who are all members of
a particular ethnic group. One of these parties was part of the country’s two previous
coalition governments.
The principle of freedom of association is guaranteed by the Constitution and the related
legislation to each person without any discrimination whatsoever in full conformity with
Bulgaria’s international obligations. In this regard, it should be reiterated that a possible
registration of a particular political party depends entirely on the initiative of the
interested persons, in accordance with existing Bulgarian legislation.
Regarding paragraph 2 of the Executive Summary and paragraph 123 of the Report:
With reference to the allegation that there is a “worrying trend” towards racially
motivated offences, it should be stated that the analyses and surveys conducted by the
competent authorities, including the Prosecutor’s Office, have not identified such a trend.
It is therefore unclear on what basis this conclusion has been drawn since the sources of
such allegations have not been specified.
In this connection, it should be recalled that the Criminal Code of the Republic of
Bulgaria expressly criminalises offences against national and ethnic equality (Chapter III
“Offences against Citizens’ Rights”, Section I “Offences against National and Racial
Equality”, Section II “Offences against Religious Denominations”, and Section III
“Offences against Citizens’ Political Rights.”) The principal characteristics of these
offences, which are regulated in Article 162 and Article 163 of the Criminal Code, are the
perpetrators’ racist or nationalist motives. The penal sanctions provided for offences
against national and racial equality demonstrate that the legislator treats these offences as
presenting a high degree of social danger.
CommDH(2010)1
35
Even though the Criminal Code does not contain a provision which expressly qualifies
racist motivation as an aggravating circumstance upon the commission of all types of
offences, the provisions of the General Part of the Criminal Code expressly state that in
determining the penal sanction, the court takes into consideration, inter alia, the motives
for the commission of the act (Article 54, para1 of the Criminal Code), including possible
racist motives. Besides, in case of the so-called “ideal cumulation”, an offence against
national and racial equality may have been perpetrated simultaneously with another
offence provided for in the Special Part of the Criminal Court. The principles of
determination of the penal sanction are also essential, with the court taking into account,
along with the mitigating and aggravating circumstances, also the motives for the
commission of the offence. If it is established that the motivation for the commission of a
particular offence was racist, this in all cases is considered as an aggravating
circumstance.
Regarding paragraphs 9, 121 and 141:
Within the resources available, the authorities are providing everything necessary to
ensure the effective functioning of the Commission for Protection against Discrimination,
as well as for informing the public, including persons belonging to minority groups, of
the contents and scope of the Act on the Protection against Discrimination.
Regarding paragraphs 18, 19, 29 and 124:
It shall be reiterated that in all cases involving supposed violations of the law by police
officers, inquiries are conducted and where such violations are proved, their perpetrators
and, where necessary, their immediate superiors, too, are sanctioned. There are numerous
cases of police officers having been dismissed from the police after they had been proven
guilty of such violations. Moreover, when the facts of the inquiry indicate that a crime
had possibly been committed, the full set of collected materials is submitted to the
prosecutor’s office for further action. This is a mandatory procedure which is followed
without exception, regardless of the ethnic background of the victims of the alleged
violations.
With reference to the allegations of excessive use of force by the police, it should be
noted that the Prosecutor’s Office analysed in detail the judgments of the European Court
of Human Rights in cases against Bulgaria. The Prosecutor’s Office has taken measures,
within its competences, for the elimination of the violations, such as shortening the time
limits for examination of cases in the pre-trial phase, strengthening the administrative
capacity of the Prosecutor’s Office to counter cases constituting police brutality,
reporting by the administrative heads of the cases of detained persons, outlining measures
for their prompt and expeditious completion, training magistrates in the European
Convention on Human Rights etc. Special emphasis is given to strengthening the capacity
of the Prosecution Office in exercising supervision over the activities of the police
authorities in order to prevent excessive use of force by the police, as well as the
enhanced supervision of cases concerning police brutality.
In addition, the Ministry of Interior has taken the necessary practical measures for the
eradication of the root causes of alleged violations of the law by police officers and for
the prevention of such violations in the future. Thus, a special system for registration of
CommDH(2010)1
36
complaints alleging ill-treatment by police officers has been introduced, and is closely
monitored.
The use of firearms by police officers is strictly regulated in Bulgaria. The Ministry of
Interior Act expressly and exhaustively regulates the hypothetical cases in which physical
force and auxiliary means may be lawfully used (Articles 72 and 73), as well as the
lawful use of firearms as a last resort (Article 74). Firearms are used exceptionally, as a
last resort. However, the incidence of use of firearms in such circumstances is
irrespective of the ethnic background of the persons against whom firearms may be used.
In connection with paragraph 29, it should be emphasized that in a criminal investigation,
the State and the Prosecutor’s Office are under obligation by law to investigate all cases
of religious and ethnic violence, respectively, fundamentalist behaviour, and in the
process of investigation for establishment of the objective truth, the persons affected have
been provided with all legal safeguards for protection of their rights and legitimate
interests. In such isolated cases, the steps taken by the Prosecutor’s Office have not led to
the undermining of public confidence and have not given rise to doubts about the
impartiality of the Prosecutor’s Office

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Mesaj tarafından pomaklar.com Bir Cuma Mart 12, 2010 12:42 pm

Regarding paragraph 20:
For the purpose of popularizing access to legal aid among a broader range of persons -
socially disadvantaged persons, persons belonging to ethnic minorities and others, the
National Legal Aid Office (NLAO) has published a brochure with information on the
status and functions of the Office, the criteria, the procedure and terms for provision of
free legal aid, as well as the types of cases on which legal aid is provided. The brochure
has been circulated to the Social Assistance Directorates with the Agency for Social
Assistance in order to familiarise the staff of these structures with the activity of the
NLAO and their obligations under the Legal Aid Act, as well as to inform the socially
disadvantaged persons about the possibilities for access to legal aid. The NLAO is also
popularising access to legal aid through publication of information items in the mass
media and by providing oral consultations on site at the Office.
Regarding paragraph 24:
In Bulgaria, the law expressly requires from the public media (Bulgarian National Radio
and Bulgarian National Television) to foster mutual understanding and tolerance in
relations among people through their programme services and not to admit broadcasts
inciting intolerance or hatred based on race, gender, religion or national origin. Media
which breach these obligations are liable to sanctions according to the law.
With regard to the activities of the Council for Electronic Media (CEM) aimed at
combating instances of “racism” in the electronic media it will be noted that in the period
since its establishment and until the end of 2008 CEM issued 7 decisions imposing
sanctions on electronic media outlets in cases involving ethnic intolerance and another 3
– in cases involving religious intolerance. Likewise, in 2009 CEM issued one decision
imposing sanctions on an electronic media outlet in a case involving religious intolerance.
CommDH(2010)1
37
Regarding paragraph 27:
It will be recalled that the Bulgarian authorities are implementing a consistent policy
intended to eradicate and prevent any stereotypes and prejudice against members of any
ethnic, religious or linguistic minority. As we have repeatedly mentioned, manifestations
of anti-Semitism are practically non-existent in Bulgaria. Whenever isolated incidents
occur, the competent authorities immediately take adequate measures. At the same time,
priority is given to preventing and combating anti-Semitism.
Regarding paragraph 2 of the Executive Summary and paragraph 127 of the Report:
With regard to the issue of pension rights of the victims of the “Revival Process”, it
should be emphasised that the issue has been resolved. According to the Act on the
Political and Civil Rehabilitation of Repressed Persons, adopted in 1991, the victims of
repression under circumstances related to their origin, political convictions or religious
beliefs or the heirs of such persons, including the heirs of persons who lost their lives in
connection with the forced change of names, are paid lump-sum compensation for
pecuniary and/or non-pecuniary damages, and they also receive a monthly supplement to
their pension or to the sum total of the pensions received. Separately, the heirs of persons
who were killed, who committed suicide or who disappeared in connection with the
above events (in the period 1985-89) receive an inheritance pension until it is terminated
on legal grounds.
Regarding paragraph 35:
Concerning the settlement of the pension rights of persons who have acquired entitlement
to pension, it should be emphasized that an Agreement on Payment of Bulgarian Pensions
in the Republic of Turkey has been in force for more than ten years (in force since 1
March 1999). According to the provisions of this Agreement, the Bulgarian side
guarantees and implements the enjoyment of the rights to a pension for contributory
service acquired in Bulgaria of persons who have immigrated to Turkey after 1 May
1989. By virtue of this Agreement, at present Bulgaria pays pensions to some 22,000
persons in Turkey. For 2009 alone, Bulgaria paid to Turkey an amount approximating
BGN 50 million. The total sum paid so far amounts to an impressive EUR 200
million, and new entitlement holders step forward each year.
Regarding paragraphs 32 and 33:
With reference to the call for the conduct of a proper investigation into the events of
1985-89, it should be emphasised that the Bulgarian authorities has repeatedly provided
detailed answers to this question, on the basis of information received from the
Prosecutor’s Office of the Republic of Bulgaria. We would like to recall in brief that the
pre-trial proceeding in Case No. 1 on the Dockets of the Armed Forces Prosecutor’s
Office for the Year 1991 was instituted on 31 January 1991. The investigation had been
suspended and resumed for the purpose of questioning witnesses who have failed to
appear. At this point of time, the criminal procedure has been stayed because all possible
investigative steps within the competence of the Sofia Military District Prosecutor’s
Office have been performed whereas a conclusion of the investigation and, respectively,
of the pre-trial proceeding, requires the questioning, in a witness capacity, of the rest of
the victims who have not appeared. In connection with the assertion on this issue stated in
CommDH(2010)1
38
the Report, a special analysis is being conducted at the Prosecutor’s Office, and it has not
yet been completed.
It will be further noted, that the victims can defend their rights and legitimate interests in
court proceeding, invoking their rights under the Criminal Procedure Code, and constitute
themselves as private accusers (Article 76 to Article 79 of the Criminal Procedure Code)
and civil claimants (Article 84 to Article 88 of the Criminal Procedure Code). Another
opportunity for protection of the rights and legitimate interests of the victims has been
provided by the Act on Political and Civil Rehabilitation of Repressed Persons and, as
evident from the case records, most of the witnesses have availed themselves of this
opportunity.
Regarding paragraph 51:
Concerning the case of UMO Ilinden-PIRIN, it will be recalled that the Committee of
Ministers of the Council of Europe adopted in December 2009 a Final Resolution on this
case, which unequivocally states that Bulgaria did abide by the ECtHR judgment in
question. Consequently, any claim to the contrary of the applicant would be manifestly
unfounded and irrelevant.
Regarding paragraph 5 of the Executive Summary and paragraphs 64, 66, 68, 69 and
70 of the Report:
The section entitled “Issues concerning the human rights of Roma” contains a number of
conclusions and assessments which are not substantiated by solid facts and cannot be
accepted.
The assertion that “[y]et Roma remained predominantly socially excluded, marginalised
and segregated and still live in poverty with little access to health care and education”
conflicts with the rest of the presentation in that section, which covers the measures
implemented by the Bulgarian Government aimed at improving the situation of the Roma
and their full integration in society.
Likewise, the issue of the housing conditions of part of the Roma population, and
especially their eviction from ramshackle unlawful structures, is being raised again
without providing or clarifying all relevant facts.
During his visit the Commissioner received detailed information on the Bulgarian
Government’s systematic and purposeful efforts within the framework of the national
programmes and action plans adopted in the sphere of education, health care, physical
infrastructure, housing conditions, labour and social policy, maintenance of public order
and protection against discrimination in the interest of the Roma population.
It must be emphasised that a policy of social exclusion, marginalisation and “segregation”
of the Roma does not exist in Bulgaria. There is no “segregation” in the sphere of health
care.
CommDH(2010)1
39
The Constitution and the related legislation prohibit discrimination on any grounds
whatsoever. Furthermore, any cases of discrimination against Bulgarian citizens of Roma
origin are promptly investigated by the competent bodies: the Commission for Protection
against Discrimination, the National Ombudsman and the judiciary.
Regarding supposed incidents of “racially motivated violence against Roma”, the
Prosecutor’s Office, in performance of its supervisory activities, has not established a
clear tendency in this regard. Any such incidents are isolated cases in society.
Furthermore, the Prosecutor’s Office always conducts effective investigations, including
in any cases of violence against Roma, in accordance with the law, which requires an
objective, comprehensive and full investigation, taking into consideration cumulatively
the social danger of the perpetrators and of the act itself, including motives, causes and
modus operandi.
In the socio-economic sphere, the Bulgarian Government has for many years been
consistently implementing specific measures for the effective overcoming of the socioeconomic
problems of the Roma community, including ensuring equal access to
education, employment and health care, improvement of the housing conditions etc.
The Bulgarian authorities are perfectly well aware of the fact that there is a direct link
between the unemployment rate among the Roma community and certain educational
problems of the Roma population. As repeatedly noted on other occasions, the problems
facing numerous members of the Roma communities in Central and Eastern Europe,
including in Bulgaria, are mostly of a socio-economic nature. The authorities realise the
magnitude of these problems and have identified their causes. On the basis of a
thoroughgoing analysis of the various aspects of the situation of the Roma community in
Bulgaria, after the transition to a market economy, the Bulgarian authorities have
elaborated and are implementing a number of measures to address comprehensively the
problems of the Roma community, which also include employment and education.
Several years ago, a special policy was initiated for the prevention of the unnecessary
placement of children of Roma origin at establishments for children with disabilities, and
this policy continues to be implemented to date.
The Roma integration policy in Bulgaria is based on the Framework Programme for
Equal Integration of Roma in Bulgarian Society, adopted back in 1999, and on a number
of other strategies and programmes, some of which were adopted before 2005 when the
International Initiative Decade of Roma Inclusion 2005-2015 was formally launched in
Sofia on 2 February 2005.
The programmes for improvement of the situation of the Roma specifically target areas of
the country (including large cities) where social and economic difficulties are particularly
grave.
For the implementation of the programmes and strategies, financial resources are
allocated from the national budget and substantial resources are committed under preaccession
instruments and operational programmes of the European Union. Other sources
CommDH(2010)1
40
of funding are used as well. As a result, a large number of projects have been
implemented but they are predominantly outside Sofia Municipality. Within the territory
of Sofia Municipality, social housing construction projects have been implemented too
(in the Hristo Botev Quarter) and a comprehensive Municipal Strategy on the Decade of
Roma Inclusion in Sofia 2007-2013 has been adopted (by Sofia Municipal Council
Resolution No. 884 of 28 September 2007). New social housing is being constructed, and
the existing stock is made available to citizens of Roma origin in other cities as well
(Haskovo, Veliko Tarnovo etc.) in accordance with the relevant municipal rules and
regulations.
These efforts, notwithstanding, the housing problems are objectively difficult to solve
because of the relatively high internal migration rate of citizens of Roma origin in
Bulgaria. This often makes it impossible to provide them with social housing because
each municipality requires a certain duration of permanent residence within the respective
territory. Otherwise, the rights of other applicants may be violated.
Another substantial problem in the sphere of housing conditions is the removal of
unlawful structures. Steps for the removal of such structures are taken after completion of
all legal procedures, including court proceedings, which often take years and allow the
interested parties to find an acceptable solution. Judging by practice, despite the regular
warnings about the inadmissibility of unlawful construction and about a forthcoming
removal of structures, the unlawful acts persist. A situation evolves in which the cooperation
of law enforcement authorities has to be sought for the removal of unlawful
structures, i.e. for observance of the law.

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Mesaj tarafından pomaklar.com Bir Cuma Mart 12, 2010 12:43 pm

Regarding paragraph 71:
It should be recalled, that the Roma, who were relocated from the central part of the
Borough of “Lyulin” in 2001 because of the construction of a hypermarket, previously
occupied dwellings unlawfully built on municipal land. They were temporarily
accommodated in mobile homes in the Republika Quarter. Subsequently, some of them
moved in with relatives in other parts of the city. Some of the mobile homes were
unlawfully ceded by their occupants to citizens of Roma origin coming from other parts
of the country. Notably, a large part of the persons living in these mobile homes do not
hold identity documents certifying their permanent address. All this makes it very
difficult for the municipal authorities to keep record of the persons in need of housing and
to map out measures for durable solution of problems in the quarter. At the same time, all
current occupants of the static caravans, including newcomers from other parts of the
country, insistently claim allocation of social housing in the capital. The utility problems
of the occupants of the caravans in the Republika Quarter: water supplies, sewerage,
household waste removal, are known to the municipal authorities who are making efforts
to address them. Regrettably, the utility infrastructure built by the municipality is poorly
maintained by the residents of the area, which is why the infrastructure is damaged or
disrupted. It should be furthermore noted that, the Sofia Municipality has made
arrangements for the bussing of Roma children from the quarter to their schools. The
Municipality is exerting sustained efforts before the competent central government
institutions for finding solutions to the housing problem of those persons of the Republika
CommDH(2010)1
41
Quarter in the Borough of Lyulin who are entitled to social housing according to the
existing statutory requirements.
Regarding paragraph 72:
As an example of “forced eviction” of Roma, the Report refers to “the demolition of
Roma houses in Burgas in September [2009], leaving 200 people, including children and
elderly, homeless just before the winter” (the source of these allegations is not specified).
Insofar as the Commissioner has not asked Bulgarian Government for clarifications on
this case, the actual situation related to the unlawful construction of structures in the
quarters of Gorno Ezerovo and Meden Rudnik of the City of Burgas and the action taken
by the Municipal Administration in Burgas and the Regional Office of the National
Construction Control Directorate for the restoration of legality.
Discharging its duties to exercise control over construction and pursuant to Resolution of
30 March 2004 of the Burgas Municipal Council, the Burgas Municipal Administration
conducted a check in 2004, identifying 44 unlawful construction works and 10 light
structures outside the regulation boundaries of the Quarter of Gorno Ezerovo, as well as
21 unlawful construction works and 21 light structures within the territory of the Quarter
of Meden Rudnik, occupying municipally owned land tracts allotted for a street and a
private-owned land tract. The building stock inventoried during the check consisted
entirely of brick-nogged timber-framed and semi-solid structures, mostly built of
makeshift and depreciated materials. The buildings lack water supply and sewerage and
abstract electricity illegally by means of overhead cables. Because of these
circumstances, the habitation is unhygienic and the surrounding areas are strongly
polluted, creating prerequisites for the outbreak of epidemics and the spread of infections.
Both spatial-development areas in question, developed with unlawful construction works,
border on quarters inhabited by Roma population which have been in existence for over
50 years. It should be noted that the measures taken on the part of the Municipality were
fully supported precisely by that population, as well as by the rest of the residents of the
City of Burgas.
The execution of the coercive measures in respect of the unlawful structures and
buildings was preceded by a sustained effort to clarify the action that had to be taken by
the owners of these structures and buildings in the 2006-2009 period. In reality, the
orders of the Burgas Regional Office of the National Construction Control Directorate
were executed within two to five years after their issuance.
Meeting the requirements of the relevant administrative proceeding to notify the parties
concerned in advance of all steps taken, the parties concerned were notified and given,
according to the established legal procedure, the written statements of ascertainment,
orders, memoranda, voluntary compliance invitations, notifications, letters and other
documents. A large part of the parties affected, in execution of the orders of the Burgas
Regional Office of the National Construction Control Directorate, removed by
themselves the unlawful buildings they had used until then.
CommDH(2010)1
42
The occupants of the removed buildings have returned to the immovables and buildings
in the Quarters of Gorno Ezerovo and Meden Rudnik of Burgas, which they had occupied
continuously before moving to the unlawful structures in the same quarters. Only two or
three of these occupants had come from elsewhere in the country. They left the City of
Burgas and returned to the settlements of their previous residence. No persons have been
left homeless after the coercive measures taken in respect of the unlawful structures and
buildings they occupied.
It will be noted that on 8 December 2009, within the framework of the campaign for the
removal of unlawful construction within the territory of the municipality, the Burgas
Municipal Administration and the Burgas Regional Office of the National Construction
Control Directorate started the demolition of 257 unlawful structures in the Fishing
Village near Burgas, none of which was occupied by Roma.
Regarding paragraph 100:
In connection with the recommendation that an individual care plan be established for
each institutionalised child, which should be reviewed at regular intervals, it should be
emphasized that an individual care plan is developed for each child placed in a
specialised institution in the country and this plan is reviewed every six months, i.e. this
recommendation has already been implemented.
It will be noted that 1,348 children were accommodated at specialised institutions in the
first half of 2009. During the same period, a family environment was provided for 2,625
children (as a result of prevention, reintegration, and placement with extended and
immediate family, placement in foster care) who otherwise would have been
institutionalised. Therefore, the number of children for whom a family environment has
been provided is double the number of children placed in institutional care.
Since 2001, the number of children placed in specialised institutions has steadily
decreased. Community based services intended to support families with children and
children themselves are as follows: family type environment centres, day care centres for
children with disabilities, centres for social support, crisis centres etc.
In October 2009, the Agency for Social Protection prepared a Deinstitutionalisation Plan
in two parts: Part One covers the period until the end of 2010, and Part Two covers the
period until the end of 2014. The Plan is based on the principles of case-by-case handling
of the closure of each child care home, engagement of all stakeholders - institutions,
public organisations, families - and planning suitable social services for prevention,
integration and support. A deinstitutionalisation team has been formed for the
implementation of the Plan, which holds meetings and co-ordinates measures with the
local and regional authorities, the non-governmental organisations, the local and regional
structures of the Agency for Social Assistance etc. At present, pilot work is in progress on
the first stage of the Plan, which envisages the closure of nine child-care homes,
reduction of the capacity in over 30 child care homes and provision of a broad spectrum
of community based services for children and families.
CommDH(2010)1
43

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