In a ruling on 12 November 2024, the Bulgarian Supreme Administrative Court has overturned a social services and lower court’s decision that would have separated a Romani child from his family, marking a significant victory for family rights and child welfare in Bulgaria. The case was brought by activist lawyers from the Equal Opportunities Initiative supported by the European Roma Rights Centre.
The case is the second important win this year for young Romani families facing discrimination in the care system. The Court’s decision is precedent setting and emphasises the importance of family preservation and the need for thorough, unbiased assessments before considering family separation.
Legal Director of the Equal Opportunities Initiative, Daniela Mihailova, said: “We find the judgment extremely important. It will affect the fate of more young people who are in the position of this young family as the practice of the Supreme Court is binding on lower courts. In addition to its public importance, the judgment is also of great significance in that it motivates the court’s final decision by international provisions to which the Republic of Bulgaria is a party.”
The Supreme Court stressed that the administration and the first instance court should have ”complied with the provision of Article 9 § 1 of the Convention on the Rights of the Child, adopted, ratified, promulgated and in force for the Republic of Bulgaria, directly applicable under Article 5(4) of the Constitution, according to which States Parties shall ensure that a child shall not be separated from his parents against their will, except where the competent authorities decide, in accordance with the applicable laws and procedures and subject to judicial review, that such separation is inappropriate.”
“Separation of Romani families is a racist, violent practice that causes terror amongst Romani communities throughout Europe. This case highlights how antigypsyism in child welfare decisions leads to unjustified separations driven by stereotypes and biases. The Supreme Administrative Court’s decision to overturn the lower court’s ruling and annul the administrative order is a significant step toward addressing these discriminatory practices. By emphasising the importance of family unity and recognizing the lack of evidence justifying separation, the court upheld the principle that children’s best interests are paramount and often align with maintaining their familial environment. This judgment serves as a reminder of the state’s obligation to prioritise support for families over institutionalisation and to combat systemic biases in child welfare decisions” said ERRC Legal Director, Senada Sali.
Kovachev Family Situation:
Aleksandar and Elena are young parents struggling to keep custody of their newborn son, Stefan. Despite Aleksandar’s willingness to care for his child and partner, authorities placed Stefan in a “Mother and Baby Unit,” effectively separating the family. Aleksandar encountered significant obstacles in obtaining legal recognition of his child, with authorities refusing to accept his declaration of paternity. The Shumen Social Service Directorate (SSD) cited unfounded concerns rooted in antigypsyism about his ability to provide the necessary living conditions and resources despite Aleksandar’s expressed intention to care for both mother and child. Social services employees allegedly threatened Aleksandar with imprisonment for his relationship with Elena.
An appeal against the SSD’s order was filed, leading to court proceedings, and transferred to the Razgrad Administrative Court, where a hearing was held on June 12, 2024. The Razgrad Court decided against Aleksandar on June 26, 2024. The Supreme Court annulled both the order of the SSD’s and the lower administrative court’s decision, citing material and procedural violations. The Court emphasised that the decision to separate the family because of the mother’s minor status was neither lawful nor justified under the circumstances.
This judgment comes in the context of new research published by the European Roma Rights Centre and Equal Opportunities Initiative on discrimination against Roma in the child state care system. The landmark decision is expected to have far-reaching effects on child protection practices in Bulgaria, particularly for Romani families who have historically faced discrimination and unwarranted family separations. It reinforces the principle that child removal should be a last resort, used only when there is clear evidence of abuse or neglect.
The European Roma Rights Centre and the Equal Opportunities Initiative will monitor the implementation of this decision to ensure that this family is reunited without delay and continue to advocate for the rights of Romani children and families throughout Bulgaria.
The decision of the Supreme Court is final, meaning Social Services must now reunite the family in accordance with the decision of the Court.
The names of the Romani family in this press release have been changed to protect their identities.
This press release is also available in Bulgarian.
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