A/HRC/43/40/Add.1
A.
Sale of children
1.
Sale of babies
12.
The sale of babies abroad has become commonplace among some Roma
communities. The phenomenon is highly underreported, however, owing to the difficulty in
gathering evidence and victim testimony for subsequent prosecution and ensuing lenient or
suspended sentences. According to the data from the National Commission for Combating
Trafficking in Human Beings, the number of trafficked pregnant women, often young
adults aged between 18 and 19 years, who are lured into giving birth and selling their
babies abroad has decreased from 97 cases in 2017 to 64 in 2018. Over the past five years,
16 people have been sentenced for trafficking in babies in Burgas Province. Varna, Aytos,
Karnobat, Sliven and Kazanlak have also reported cases of sale of newborns. Cases of
trafficking to Greece, which frequently end up as illegal adoption, are reportedly difficult to
investigate because of a lack of systematic cooperation between the two countries.
13.
During her subsequent visit, the Special Rapporteur on violence against women, its
causes and consequences, was also alarmed to hear about this phenomenon. Desperation,
lack of economic opportunities and marginalization are reported to be the main reasons for
this new form of trafficking.6
2.
Sale in the context of adoption
14.
Although Bulgaria ratified the Hague Convention on Protection of Children and
Cooperation in Respect of Inter-country Adoption (1993) in 2002 and has made significant
efforts to counter illegal adoption, illegal practices persist, especially in intercountry
adoption. Anecdotal evidence suggests that babies born mainly to young single mothers are
sometimes offered to families willing to adopt. The husband of the future adoptive mother
recognizes the child as his own within seven days of the birth so that his name appears
along with that of the birth mother on the child’s birth certificate. Later, the birth mother
gives consent for the adoption of the child, and the adoptive mother adopts the child. This
practice circumvents the adoption procedure and is manifestly against the best interests of
children. The child is commodified: the birth mother receives payment (medical doctors
reportedly act as intermediaries) and families choose their child. The child’s right to know
his or her origin is compromised and other rights might be infringed. The existence of such
a practice is also indicated in judgments of the European Court of Human Rights. 7
According to the Social Assistance Agency, each suspicious case is examined to determine
whether the recognition of the child was carried out with the aim of circumventing adoption
legislation or dragging the child into trafficking or exploitation, or whether it has involved a
financial consideration. The Special Rapporteur was told, however, that such examination
is neither consistent nor monitored.
3.
Child marriage
15.
The practice of bride sales and child marriage of girls as young as 12 or 13 years old
is widespread among some Roma communities despite being illegal. In most instances,
parents marry their children early to protect their honour and prevent early pregnancy and
bride kidnapping. In some instances, child marriages are reportedly a cover-up to acquire
the child for various forms of exploitation, including sexual exploitation by the inner circle
of trust, forced labour, pickpocketing and begging. According to the National Statistical
Institute, there were 618 marriages of girls under the age of 18 years in 2017 and 481 in
2015, with the highest numbers registered in Plovdiv and Burgas.
16.
The Special Rapporteur was told that complaints of child marriages or forced
marriages, when lodged, rarely led to criminal proceedings. As of July 2016, 68 sentences
6
7
4
Office of the United Nations High Commissioner for Human Rights (OHCHR), “Bulgaria: UN expert
concerned about pushbacks on women’s rights and misinterpretation of the term ‘gender’ that stopped
the ratification of the Istanbul Convention”, 21 October 2019.
European Court of Human Rights, Case of L.D. and P.K. v. Bulgaria, Applications No. 7949/11 and
No. 45522/13, Judgment, 8 December 2016.
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