A district court in Bulgaria has ruled in favour of a Romani family whose four children had been removed by the state and placed in a state care institution. The legal victory was won with legal representation and support from the Equal Opportunities Initiative and the European Roma Rights Centre (ERRC). The judgment takes immediate effect and orders the reunification of the children with their parents. The case highlights ongoing human rights issues within the country’s child welfare system and further exposes discriminatory practices against Romani families.
“We are delighted to have successfully navigated the judicial system in Bulgaria to reunite this family. This case stands as one of the rare instances in the country’s legal history with a positive outcome for the family involved. We hope this success will pave the way for greater attention and sensitivity from both social services and judicial authorities when evaluating similar cases in the future” said Daniela Mihailova, Legal Director of the Equal Opportunities Initiative.
On August 29, 2024, the Elin Pelin District Court ruled in favour of the family, allowing for the immediate reunification of parents with their four children previously who were placed in a Family-Type Accommodation Centre (FTAC). This decision came after legal proceedings were initiated on July 11, 2024, followed by open hearings of all four cases on August 5th, 2024.
The oldest child, who is a 15-year-old boy, had always lived with his parents and escaped from the care institution several times. The second oldest child, who is a 12-year-old girl, gave testimony during the hearing, stating that she wanted to live with her parents and not in the institution. Social services and prosecution office representatives did not object to the request to cease the child removal measure. Upon the lawyer’s request, the decisions are subject to immediate execution, paving the way for the family’s reunification.
“This case symbolises the multiple problems existing in the Bulgaria care sector for Roma, many caused by institutional racism. Authorities’ removal of Romani children because of racialised poverty, coupled with discriminatory practices and placement in ethnically segregated care homes, is a form of violence done to Romani families and communities. The change from large care homes to ‘family-type’ homes like this one still puts Romani children in ethnically segregated care centres, located away far from urban areas. Such institutions cannot be considered the final answer to the process of deinstitutionalisation in Bulgaria” said the ERRC’s President, Đorđe Jovanović.
This family’s case is part of a broader context of human rights concerns in Bulgaria’s child welfare system, mainly affecting vulnerable, low-income Romani families. The removal of children from families based solely on poverty, without clear explanation or substantial justification, is illegal and a primary concern of the ERRC. This victory represents another milestone in the ERRC’s ongoing efforts to combat discrimination and protect the rights of Romani families in Bulgaria and across Europe.
More information on this case, and the removal of Romani children in state care in Bulgaria, is available here in English and Bulgarian.
This press release is also available in Bulgarian.
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