CAT/C/BGR/CO/4-5
The State party should enhance efforts to eradicate stereotypes and discrimination
against the Roma and other national minorities, including through increased
awareness-raising and information campaigns to promote tolerance and respect for
diversity. Measures should be taken to prohibit and prevent advocacy of hate speech,
discrimination and intolerance, including in the public domain, in conformity with
international standards and human rights instruments to which Bulgaria is a party.
The State party should enhance the enforcement of anti-discrimination legislation and
ensure that violent acts, discrimination and hate speech are systematically
investigated, prosecuted and the perpetrators convicted and punished. The State party
should systematically apply provisions of the Criminal Code concerning crimes based
on intolerance and should ensure that offences motivated by discrimination constitute
an aggravating circumstance in criminal prosecution. The State party should ensure
that members of the Roma community are not singled out on a ethnically motivated
basis with regard to the use of force by the police and ensure that excessive use of
force against members of national and other minorities is promptly and impartially
investigated and perpetrators prosecuted and punished. The victims need to be
compensated and accorded all remedies afforded by the Convention, including
reparations for damage. The Committee requests to be updated on the results of the
investigations into the recent attacks on journalists.
Redress
29.
The Committee takes note of the information provided in the State party’s report on
the right to redress, including financial compensation, for persons whose rights have been
violated. However, the Committee regrets that not more information was provided on the
actual implementation of redress to persons subjected to torture or ill-treatment, among
others, to persons who have been interned in centres and homes for persons with mental
disabilities, including a high number of children (art. 14).
The State party should ensure that the efforts in respect of redress, including
compensation and rehabilitation, are strengthened in order to provide victims,
including those who have suffered torture and ill-treatment in such centres, with
redress and fair and adequate compensation, including means for as full rehabilitation
as possible.
Corporal punishment
30.
While taking note that corporal punishment is explicitly forbidden in law, the
Committee is concerned by persistent lack of implementation and notes that the Committee
on the Rights of the Child has found that children are still victims of corporal punishment in
the home, schools, the penal system, alternative care settings and situations of employment.
The Committee is concerned that a 2009 survey shows that 34.8 per cent of public opinion
is in favour of corporal punishment in childrearing in some circumstances and that 10.9 per
cent felt it was acceptable if the parent believed that it would be effective. It is concerned in
particular that the use of corporal punishment is substantially higher in institutions for
children with disabilities and that a number of cases of physical abuse were documented in
the children’s personal files (art. 16).
The Committee recommends that the State party carry out professional and public
awareness-raising in order to promote non-violent, positive and participatory methods
of childrearing and education; and that the State party take a comprehensive
approach to ensuring that the law prohibiting corporal punishment is widely enforced
and known, including among children with regard to their right to protection from all
forms of corporal punishment. There should be an absolute prohibition of corporal
punishment in institutional settings, including for children with disabilities. The State
party should provide effective and appropriate responses to corporal punishment,
including investigations, prosecution and sanctioning of perpetrators.
12