In a decision published today, the Council of Europe’s European Committee of Social Rights found that certain provisions of the Family Allowances for Children Act in Bulgaria violate the right to appropriate social, legal and economic protection for the family, and are discriminatory against Roma, particularly towards Roma female minors.
The complaint against Bulgaria was launched by the Equal Rights Trust (ERT) in 2016. The ERT alleged that the situation in Bulgaria was in violation of the European Social Charter, as the Family Allowances for Children Act, as amended on 28 July 2015, provided that:
- monthly family allowances can only be paid in-kind rather than in cash, if the qualifying parent is a minor;
- monthly family allowances are suspended or terminate where the child stops attending school, and is thereafter stopped for a minimum period of one year, even if the child returns to school;
- monthly family allowances terminate where the child becomes him or herself a parent.
Moreover, ERT complained that these provisions were racially discriminatory, as the Roma community is much more likely than other ethnic groups to be adversely affected, as well as discriminatory against women.
In its decision on the merits, adopted on 16 October 2018 and published today, the European Committee of Social Rights found no violation of the Charter concerning the in-kind instead of cash payments of the family allowances when the qualifying parent is under 18 years old; it equally did not find that this provision was discriminatory based on age.
However, the Committee concluded that there is, indeed, a violation of the Article 16 of the Charter (the right to appropriate social, legal and economic protection) concerning the suspension/termination of the family allowances when the child stops attending school and concerning the termination of the family allowances when the minor becomes a parent. Besides, the Committee found a violation of Article E (non-discrimination) in conjunction with the Article 16 concerning the discrimination against Roma, and particularly towards Roma female minors.
Complaint No. 121/2016 lodged by the ERT was registered on 25 April 2016. The Committee declared the complaint admissible on 5 July 2016. The decision on the merits was adopted on 16 October 2018, and has been published today, four months after its transmission to the Committee of Ministers, pursuant to Article 8§2 of the Protocol Providing for a System of Collective Complaints.
The European Social Charter, the natural counterpart to the European Convention on Human Rights in the field of social and economic rights, is a legally binding international treaty which States undertake to comply with upon ratification. Bulgaria signed the revised European Social Charter in 1998 and ratified it in 2000.
