A/HRC/43/40/Add.1
currently pending owing to ongoing public debates spearheaded by certain populist
movements and representatives of the Orthodox Church, which stress that, because of their
traditional family values, they are opposed to considering children as rights holders,
including those belonging to ethnic minorities and lesbian, gay, bisexual, transgender and
intersex children. The Special Rapporteur is of the view that these attitudes might further
exacerbate the existing segregation, neglect and isolation of the Roma community and halt
the State-supported desegregation efforts aimed at building trust, confidence and
understanding throughout all communities.
47.
Additionally, the annually adopted National Programme for Child Protection
regulates the obligations of all State institutions in the area of child protection. A national
strategy entitled “Vision for the deinstitutionalization of children in the Republic of
Bulgaria” (2010–2025) defines a policy for transitioning from institutional to community
care and prescribes a road map of successive disinvestment from non-family-based care
structures. In October 2016, a second action plan was adopted with the objective of closing
down all 137 childcare institutions within 15 years and reintegrating children into their
biological families. According to UNICEF, deinstitutionalization has largely focused on
quantity rather than quality.
48.
A national strategy for preventing and combating trafficking in human beings and
protecting its victims (2017–2021) establishes priorities and objectives related to effective
and long-term response to the crime and its consequences. Annual programmes are foreseen
to operationalize the strategy and elaborate on State and non-State actors’ commitments.
49.
In addition to the national strategy for reducing poverty and promoting social
inclusion (2020), Bulgaria has adopted a national strategy for the integration of Roma
people (2012–2020). The latter has been criticized for failing to achieve short-term goals,
such as improving the housing of Roma living in settlements. It is also unclear whether
there has been progress in mapping vulnerable Roma communities for targeted prevention
campaigns, as part of the 2017 national programme of the National Commission for
Combating Trafficking in Human Beings.
1.
Investigation and prosecution
50.
The Child Protection Act establishes mandatory reporting by any person who
becomes aware of a child in need of protection. The national toll-free helpline managed by
the State Agency for Child Protection is relatively widely known, but lacks capacity,
including with respect to training, follow-up to the reported cases and outreach to
vulnerable and marginalized children.
51.
According to the 2018 annual report of the Ombudsman, of the 362 complaints
concerning the rights of the child received in 2018, 101 were related to the protection of
children’s rights in the family environment. 19 In the first quarter of 2018, out of 44
consultations through the helpline, 30 cases concerning sexual abuse (of which 5 concerned
sexual abuse of boys) were referred to child protection officials. Since 2016, 39 cases of
sexual violence have been referred for investigation. The annual reports of the Office of the
Prosecutor General do not contain information on the number of convictions on charges of
child marriage, child trafficking or sale of child abuse material. Cases of sexual exploitation
of children are not effectively investigated, sanctioned or prosecuted, resulting in low
accountability for these crimes. In the rare instances when complaints are lodged with the
police, the complaints are not duly acted upon, gathering of compelling evidence is
delayed, and investigation and prosecution are stalled, resulting in victims or witnesses
withdrawing their complaints. The Special Rapporteur on violence against women has also
observed that one reason for low reporting rates was the requirement to prove systematic
physical, psychological or sexual violence.20
19
20
Ombudsman of the Republic of Bulgaria, Summary of the Annual Report of the Work of the
Ombudsman 2018 (Sofia, 2019), p. 27.
OHCHR, “Official visit to Bulgaria, 14–21 October 2019 by United Nations Special Rapporteur on
violence against women, its causes and consequences, Dubravka Šimonović”, 21 October 2019.
11
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