EU-Report Accession Bulgaria

Economic, social and cultural rights

No further progress has been made on the adoption of general equal opportunities legislation. However, as concerns specific legislation relating to employment, the Employment Promotion Act, which came into force in January 2002, contains provisions on non-discrimination (see chapter 13: social policy and employment).

As regards political representation, as mentioned last year, following the June 2001 elections, women make up about 25% of the new National Assembly, a significant increase from 11% in the previous assembly. There are three female ministers, including one Deputy Prime Minister.

As regards children's rights, in February 2002, Bulgaria became a party to the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict. In May 2002, Bulgaria ratified the Hague Convention on Protection of Children and Cooperation in respect of Inter-country Adoption. It entered into force in September 2002. The State Agency for Child Protection has been functioning for one year. However, enforcement and implementation of the Child Protection Act seems to be difficult, due to the weak authority and capacity of the Agency, the poor capacity of local child protection departments and the lack of effective co-ordination between the Ministries involved. Necessary secondary legislation has not yet been adopted and there remain some contradictions between the Child Protection Act and other relevant laws. As a consequence, the Act has not yet led to improved protection of children, especially those in institutions (e.g. childrens' homes and special schools). The measures on promoting and facilitating a community-based childcare approach and non-institutional care in the Act have not yet been enforced and consequently there is little change in the high number of children in institutions, despite the Act's aim. Living conditions in institutions continue to be inadequate. Some changes have been made to the Family Allowances Act to ensure that child benefits are better targeted towards low-income families. Bulgaria needs to continue and strengthen its efforts in reform of the child care system, ensuring that the UN Convention on the Rights of the Child is fully respected and that the best interests of the child are reflected and children are placed in institutions only as a last resort.

As regards socially vulnerable people, living conditions in institutions in particular for the mentally handicapped (social care homes) and psychiatric hospitals give serious cause for concern. Conditions are very poor with overcrowding and shortages of sanitary facilities, medication, staff and, in some cases, food. There are also reports of illtreatment. It is important to ensure that such institutions provide decent living conditions and that inhuman and degrading treatment of those in care is prevented.

A further major problem is the legal framework for placement and detention in institutions. The law on this needs to be changed to avoid arbitrary detention or violations of the right to a fair trial. Last year's report mentioned that in October 2000, the European Court of Human Rights delivered a judgment in the case of Varbanov v. Bulgaria, establishing a violation of Article 5 of the European Convention on Human Rights, by ruling that his detention in a psychiatric hospital was arbitrary. Deficiencies in Bulgarian legislation were identified but the law has still not been changed. In July 2002, in the European Court of Human Rights case M.S. vs. Bulgaria, a friendly settlement was found. The court noted the similarity to the Varbanov judgment and the need for relevant amendments in domestic law to provide necessary safeguards against arbitrariness of detention in psychiatric institutions.

The Bulgarian Constitution provides for the right of all workers to form or join trade unions. The right to strike was generally respected.

Bulgaria is a party to the revised European Social Charter. It has not signed the Additional Protocol providing for a System of Collective Complaints.

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