The removal of children from low-income Roma families raises serious human rights concerns in the Bulgarian child welfare system

September 30, 2024

By Judit Ignac

Recent cases in Bulgaria shed light on significant human rights problems in child welfare practices, particularly affecting vulnerable low-income families, primarily of Roma origin. The European Roma Rights Center (ERRC) and the Equal Opportunities Initiative are supporting two important court cases representing two different families: the Marinov and Kovachev families. Both highlight crucial issues regarding family rights and potential injustices in the Bulgarian child protection system. The removal of children from their families by child protection services is deeply concerning – especially when it is based solely on poverty and occurs without a clear explanation, valid justification or proper information to the family. Although this practice should aim to protect children, it often fails to address the root causes of family conflict, resulting in discriminatory practices, human rights violations and unnecessary trauma for children and parents.

Marinov family

The Marinov family – parents Andrey and Ivanka and their four children – faced a difficult situation when the children were removed due to poverty and placed in a family accommodation center (FTAC). Andrey recently applied for legal recognition of guardianship of three of the children, while the youngest was recognized at birth. On August 1, 2023, the eldest child returned to his grandfather without informing his parents, which prompted them to ask the Second District Police in Sofia for help in finding their son.

On January 12, 2023, police found the eldest child and held him in a temporary shelter for minors in Sofia. Andrey was informed that his four children would be brought back to FTAC. Child protection workers took the other three children away from Ivanka, who claims she was misled. They told her the children would be taken to the second regional police station for collection after an hour, instead of informing her about their placement at FTAC.

The parents filed a complaint with the Sofia City Administrative Court and a child rights lawyer was appointed to represent them. In April 2023, counsel discovered an administrative order that placed the children in FTAC for three years and required the parents to attend sessions to improve their parenting skills. The lawyer raised concerns that bias related to the family’s ethnicity and economic status had influenced the officer’s decision on parenting skills sessions after just a single home visit, and concluded that the family’s living conditions were below the poverty line lay.

During this time, her eldest son reported cases of abuse and harassment to FTAC, both toward himself and his siblings. On July 11, 2024, the Marinov family filed legal action in the Elin Pelin District Court to reintegrate the children into their family. The social welfare office supported the reintegration and after public hearings on August 5, 2024, the court ruled in favor of the family on August 29, 2024. The lawyer’s request for immediate enforcement was granted, paving the way for family reunification.

Kovachev family

Aleksandar and Elena are young parents struggling to retain custody of their newborn son Stefan. Despite Aleksandar’s willingness to care for his child and his partner, authorities placed Stefan in a “mother-child ward,” effectively separating the family. Aleksandar encountered significant obstacles to the legal recognition of his child as the authorities did not accept his declaration of paternity. The Shumen Social Service Directorate (SSD) expressed concerns about its ability to provide the necessary living conditions and resources, although Aleksandar had expressed his intention to care for the mother and child. Social service workers allegedly threatened Aleksandar with prison time because of his relationship with Elena.

The SSD’s order was appealed, resulting in an ongoing court case and referred to the Razgrad Administrative Court, where a hearing was held on June 12, 2024.

This case brings to light several social and legal issues, including the rights of young parents, the welfare of minor children, and the balance between state intervention and family unity. First, the Razgrad court ruled against Aleksandar on June 26, 2024. The case is now pending appeal at the Supreme Administrative Court. The ERRC is examining options to escalate the case to the European Court of Human Rights.

Both cases highlight procedural bias and discrimination, a lack of consideration for family rights protections, and a focus on punishing racial poverty that is often more important than the well-being of children within child welfare systems. They also highlight the countless pitfalls and obstacles that Roma parents and their children face when navigating the child protection system.

A family’s economic situation alone has no influence on parenting abilities. These cases highlight the urgent need to reform child welfare practices to better align them with human rights standards and the well-being of children and families. Only through such reforms can Bulgaria create a system that truly protects and supports its most vulnerable citizens, especially low-income Roma families. The ERRC continues to advocate for the rights of families and ensure that legal processes effectively protect these rights, regardless of racial poverty.

The names of individuals and families have been changed in this article to protect their anonymity.