The BHC Urges the Ministry of Labor and Social Policy to End Institutional Discrimination Against Ukrainian Refugees in Bulgaria

Currently, there are over 400 court rulings against the unlawful denials by the Agency for Social Assistance (ASA) to grant child social welfare benefits to Ukrainian citizens under temporary protection in Bulgaria. These findings come from the Legal Protection Program for Refugees and Migrants at the BHC, and they contrast with the statements from the Ministry of Labor and Social Policy publically promoting its support for Ukrainian refugees.

Earlier this week, the Ministry of Labor and Social Policy reported a meeting between Provisional Minister Ivaylo Ivanov and Ukrainian Ambassador Olesya Ilashchuk. Minister Ivanov was quoted saying: “The Ministry will continue to support Ukrainian refugees and provide aid and a safe environment for Ukrainian children and families during this burdensome period.” He noted that Ukrainian citizens are entitled to social protection and services in Bulgaria if they have asylum, refugee status, humanitarian status, or temporary protection.

Due to this statement, the BHC once again raises the issue of the continuous unlawful practices by ASA's "Social Assistance" divisions under the MLSP across the country, which refuse to grant family allowances for children of refugees under temporary protection and humanitarian status. This includes denial of social assistance for textbooks and school materials for Ukrainian children enrolled in Bulgarian schools.

To date, there are over 400 ongoing lawsuits challenging these refusals by social services. The court consistently rules that these refusals contradict the Asylum and Refugees Act, the Social Assistance Act, the Family Allowances Act, the Constitution of Bulgaria, as well as the UN Convention on the Rights of the Child and EU Directives 2001/55/EC and 2011/95/EU.

Thus, the ASA's under the MLSP practices contradict the court's instructions, national and international standards, and exhibit blatant institutional discrimination against families of refugees with humanitarian status or temporary protection due to the war in Ukraine. This practice starkly contrasts with the Minister's statement on support for Ukrainian children and families in this difficult time. Therefore, we once again urge Minister Ivanov to take immediate action to end this practice.

We are also attaching the dispositive section of one of the hundreds of court decisions overturning refusals by the ASA under the Ministry of Labor and Social Policy to provide social assistance to a Ukrainian child enrolled in school in Bulgarian language: