ІІ. PROTECTION OF THE RIGHTS OF CHILDREN IN
CONFLICT WITH THE LAW
Since 2012, the Ombudsman acting as the NPM has monitored the state
and observance of the rights of children placed in social and pedagogical boarding
houses and correctional boarding schools in the Republic of Bulgaria. In 2015,
the institution released a special report after inspections of the existing six
boarding houses in the country in which the Ombudsman insisted that the
necessary steps should be taken to close the correctional boarding schools and
social and pedagogical boarding houses due to the degrading living conditions.
Critical findings
The reform of juvenile justice in
Bulgaria continues to be in its
nascent stage. There are yet no
adequate correctional and
educational services in line with
the leading standards of protection
of the rights and interests of the
child.
Main recommendations:
Adopt a new strategy for a
government policy in the area
of juvenile justice for 20212030;
Reform the system of juvenile
justice and assess the need
for specialised judicial
juvenile panels;
Repeal the Combating the AntiSocial Behaviour of Minor
and Underage Persons Act in
effect since 1958 and adopt a
Criminal Justice Diversion
and Imposition of
Correctional Measures on
Minor Persons Act;
Despite the emergency epidemic
situation, in 2020 teams of the
Ombudsman carried out two inspections
at correctional boarding schools and
found that a large part of the
recommendations made in 2015 to the
Ministry of Education had been
implemented. Three boarding houses
were closed down. The number of
children placed in the remaining three
was reduced from 218 to 100.
Psychologists, model teachers and
medical staff were hired. The facilities
were improved. The relationships
between the children and the teachers
were good.
Still, the placement of children at
correctional institutions continues to pose
problems – the NPM has found a girl
placed in a correctional boarding school
even though there is a judgment for
placement at a social and pedagogical
boarding house. In this regard, there is a
finding of systemic disregard of
inspections and control on the part of the
State Agency for Child Protection – the
latest inspection was carried out in 2016.
The correctional boarding schools
and social and pedagogical boarding houses should have been closed down a long
time ago due to the fact that they fail to meet the international standards of
11