A/HRC/43/40/Add.1
concerns regarding the lack of child-friendly investigation procedures, leading to
revictimization; the weak capacity to detect and report cases; and the inadequate
protection of children in residential care. Traditional gender roles, the lack of a
gender perspective in various interventions and a reluctance to report sexual abuse
committed in the inner circle of trust contribute to low reporting.
B.
Recommendations
73.
On the basis of the above findings, and in a spirit of cooperation and dialogue,
the Special Rapporteur offers the following recommendations to the Government of
Bulgaria.
74.
Concerning the legislative, institutional and policy framework, the Government
should:
(a)
Ratify the Istanbul Convention and the Optional Protocol to the
Convention on the Rights of the Child on a communications procedure;
(b)
Repeal the amendments to the Family Allowance Act concerning the
suspension or the termination of family allowances if the child stops attending school
or when the minor becomes a parent;
(c)
Expedite efforts to reform the juvenile justice legislation and practice;
and promote better regulation of child-friendly judicial proceedings, including scaling
up child-friendly “blue rooms”;
(d)
Ensure full compliance with articles 2 and 3 of the Optional Protocol to
the Convention on the Rights of the Child on the sale of children, child prostitution
and child pornography by including all forms of the sale and sexual exploitation of
children as separate crimes in the Penal Code, distinct from trafficking, and by
incorporating into national legislation the full definitions of the sale of children, child
prostitution and child pornography contained in the Optional Protocol;
(e)
Abolish the legal concepts of antisocial behaviour and status offences;
and amend the Juvenile Delinquency Act and the other relevant legislation to ensure
that all children below the minimum age of criminal responsibility who have
committed antisocial acts are entitled to and have access to child protection and
support and social services;
(f)
Introduce legislation to criminalize and formulate policies to prevent the
sexual abuse of children within the circle of trust;
(g)
Amend legislation to establish the minimum age for marriage at 18 years
without exception and investigate and prosecute cases of child marriage;
(h)
Develop standard operating procedures and train social workers
regarding the consultation of children of all ages, according to their evolving
capacities, in all judicial, administrative and other decisions affecting them, and
amend the Family Code to ensure that children under the age of 14 years are
consulted in all decisions affecting their lives, including in cases of adoption;
(i)
Adopt comprehensive regulations to govern the practice of commercial
surrogacy arrangements based on the best interests of the child, and to protect
surrogate mothers from exploitation; and set up a regulatory system for clinics to
ensure that surrogacy arrangements are consistent with the rights and best interests
of the child;
(j)
Introduce legally binding provisions to ensure better coordination
among the various child protection actors, municipalities and service providers, and
improve the procedural rules and functioning of the multidisciplinary teams in order
to focus on the quality of services provided, with a focus on prevention, detection and
referral of cases;
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents