22 July 2003

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Children with disabilities and Roma children are not guaranteed an effective right to education

European Committee of Social Rights issues conclusions on Bulgaria

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European Committee of Social Rights website

2003 Conclusions on Bulgaria

On July 21 2003 the European Committee of Social Rights published its conclusions on the reports submitted by countries on the implementation of the revised European Social Charter. Bulgaria submitted its first report in March 2002 covering the period after entry into force (1 August 2000) to 31 December 2000.

Analysing art. 14 of the Charter - right to benefit from social welfare services - the Committee requests additional information and comments from the government before reaching a conclusion on this article. In this context the European Committee cites the conclusions of the Bulgarian Helsinki Committee concerning social services provided in institutions for children and adults, where serious problems are noted:

- a number of institutions are located far away from settlements which poses difficulties to regular inspections by the authorities and makes it nearly impossible to provide emergency aid and supply of provisions to them;

- mentally disabled people are placed together, which poses difficulties to their medical care and to the maintaining of normal relations among the occupants. In some institutions the personnel was forced to diagnose additional disease to some persons without the relevant symptoms, in order to ensure supply of medicines to be reimbursed by the National Health Insurance Fund;

- as a rule the institutions for mentally disabled adults are using previously agricultural premises, former monasteries or military detachments, which are completely unsuitable for the needs of such persons. These buildings were built in the period 1930-1970 and they have not been thoroughly repaired since then. Most of the buildings are in deplorable state: peling plaster, leaking ceilings, loose woodwork, blocked up toilets.

The European Committee asks the Government to comment on these observations and indicate what measures have been taken to remedy the problems.

Regarding art. 17 - right of children and young people to legal, social and economic protection - the Committee notes the need for integrated education for children with disabilities and special needs. Again it cites the observations of the Bulgarian Helsinki Committee that very few children have been integrated, and that children with intellectual disabilities living in institutions under the repsonsibility of the of the Ministry of Labour and Social Policy receive virtually no education or training.

Regardingeducation of children from the minorities, data from the BHC is again cited that many Roma children have no adequate access to schools and that separate schools for Roma exist.

The Committee considers that there should be no separate schools for Roma children and requested additional information from the Government on desegregation of Roma schools.

In conclusion, the Committee concluded that the situation in Bulgaria is not in conformity with the Revised Charter as children with disabilities and Roma children are not guaranteed an effective right to education.

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