The NPM was informed of the action plans for all placed children. It is stated there that the
objective of the action plan is reintegration in family environment. Based on data from the heads
of the centres, there has not been any reintegration of children for more than five years. The
Child Protection departments point out to poor material conditions and lack of parental capacity
as the reasons for no reintegration.
In November 2019, the action plans of three children from “Zdravets” Centre were
changed – from “family reintegration” to “meeting their needs in the social service”. This
measure complete precludes the possibility of these children to be placed in a family
environment. The NPM calls upon the Child Protection Department with the Social Assistance
Directorate in Lovech to give opinion on the reason for setting such a long-term objective for
the stay of three children in the cenre.
Pursuant to Article 7 of the Charter of Fundamental Rights of the European Union and
Article 8 of the European Convention on Human Rights, every child has the right to respect for
his family life.
In this regards the NPM reiterates that it is high time for the public institutions to
establish an individual family approach as a sustainable practice, namely to support families
socially, economically and psychologically in the raising of their children rather than place
children in social services.
The NPM recalls that according to the law of the Council of Europe, Member States
have repeatedly been sentenced in relation to violation of Article 8 of the Convention 2. The
ECtHR has established that the basic reason for placing children in children’s homes has been
the lack of adequate housing, thus to improve their situation less drastic measures should have
been applied. This is a violation of Article 8 ECHR. Reviewing other cases, the ECtHR has
further questioned the adequacy of the evidence that substantiated the national authorities’
findings. Although the reasons for taking the children outside their families which the public
institutions pointed out as relevant, they were insufficient to justify such a serious interference
in the applicants’ family life. This is why the Court found a violation of Article 8 ECHR.
During the interviews, the children shared with the NPM that they had not had for years
organised summer vacation at the seaside and would like to have such a vacation in 2020. The
NPM recommends the provider of the social service, the Mayor of Lovech Municipality, to take
measures for increasing the salaries of all employees of all family-type placement centers for
children and adults and those working at protected homes. Also, to organise regular trainings
and qualification courses for the employees of the family-type placement centers for children
and adults and those working at protected homes, and to carry out repairs in the Centres “Lale”
and “Zdravets”.
2. Family-type placement centres for children and adolescents with disabilities
(FTPCCAD) “Nadezhda” and “Lubov” in Lovech
The family-type placement centres for children and adolescents with disabilities are
community-based social services of residential type, which provide an environment close to the
family one to children and adolescents aged 3 to 29 years.
The buildings of the Centres were built in 2015 and meet fully the needs of the children.
The premises are large and modernly furbished. The capacity of the social services is for 14
children. In FTPCCAD “Nadezhda” there were 7 children and 3 adolescents and in FTPCCAD
“Lyubov” there were 9 children and 3 adolescents. Some of the children attend a school for
children with special needs. In addition, they all use community-based social services – Day
Care Centre for Children with Disabilities, Centre for Social Rehabilitation and Integration,
2
The cases Valova & Valla v. the Czech Republic; Savini v. Ukraine
40
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