A/HRC/43/40/Add.1
60.
The Government is currently establishing an age-assessment procedure and has
agreed to create an interim care facility for the identification and temporary care of
unaccompanied migrant or asylum-seeking children. While external funds have been
obtained, the project’s implementation has been delayed because of resistance from
municipalities to hosting a facility on their territory. Recent legislative amendments
granting residence permits to unaccompanied children until they reach the age of 18 years
are a welcome move. However, the absence of alternative care arrangements will limit the
effectiveness of these amendments. Although a coordination mechanism outlining the roles
and responsibilities of various institutions was agreed upon in July 2017, this mechanism
has yet to be formally adopted.
61.
The Special Rapporteur concludes that although much has been done to provide
victims with first-hand support, progress concerning the integration, long-term care,
specialized rehabilitation and recovery of child victims is lacking. Child-centred specialized
training that includes a gender perspective is necessary in order to build a pool of
professionals capable of working with severe cases of abuse in a holistic manner. The lack
of appropriate reception arrangements upon arrival at the border, the lack of an adequate
age-and gender-appropriate referral procedure upon apprehension following irregular entry
or stay, the lack of integration support and the lack of prospects for the future contribute to
the high absconding rate of unaccompanied children and expose them to the risk of
exploitation.
3.
Child participation and empowerment
62.
Although the Child Protection Act (art. 15 (1)) states that all children aged 10 years
or over must be given a hearing in all administrative or judicial proceedings concerning
their life and well-being, 26 the exercise of this right remains at the discretion of the
professionals involved in each case.27 The meaningful participation of children in decisionmaking and the right of the child to be heard remains one of the most disputed and
neglected rights, owing to patriarchal social norms and age-related stereotypes. There is
also a lack of general understanding of the concept of children’s evolving capacities, in the
absence of guidance on how to ensure the meaningful participation of children in decisionmaking.
4.
Prevention
63.
Although the National Programme for the Prevention of Violence against and Abuse
of Children (2017–2020) and the corresponding action plan (2017–2018) are in place, these
plans are focused on procedural response aspects rather than on early prevention and
protection of children. While the responsibility for child protection and prevention are
centralized, their provision is provided by local services and public administrations linked
to the municipalities, which raises issues of coordination and coherence. The
implementation of multidisciplinary team approaches comprising social workers,
educationalists, psychologists and health practitioners is not systematic throughout all
municipalities. Services are understaffed and underfunded, and social workers face huge
workloads and lack the resources necessary to respond effectively. The national
coordination mechanism for combating violence against children lacks efficient
identification and communication mechanisms; it has poor intersectoral cooperation
between the health-care, education and social services systems; the capacities of its
multidisciplinary teams are insufficient; and it lacks trained specialists from the child
protection system, the police and the justice system.
64.
Although the Government has taken several capacity-building measures to improve
inter-institutional cooperation and coordination, there has been no joint training for
representatives of all the coordination mechanisms to streamline common understanding of
intervention strategies. The Special Rapporteur repeatedly heard about the challenges faced
26
27
14
The granting of hearings for children below the age of 10 years is discretionary (art. 15 (2)).
UNICEF, “UNICEF Country Office in Bulgaria: strategy note for the country programme 2018–
2022”.
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