UNITED NATIONS

CRC

Convention on the Rights of the Child

Distr.

GENERAL

CRC/C/OPAC/BGR/1

23 January 2007

Original: ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILD

CONSIDERATION OF REPORTS SUBMITTED BY STATESPARTIES UNDER ARTICLE 8 (1) OF THE OPTIONALPROTOCOL TO THE CONVENTION ON THE RIGHTS OFTHE CHILD ON THE INVOLVEMENT OF CHILDREN INARMED CONFLICT

Initial reports of States parties due in 2004

BULGARIA

[1 December 2006]

GE.07-40180 (E) 270207

Measures undertaken and progress made by the Republic of Bulgaria in the implementation of the provisions of the Optional Protocol to the Conventionon the Rights of the Child on the involvement of children in armed conflict

1.The Republic of Bulgaria ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict on 2 November 2001.

2.According to the Constitution of the Republic of Bulgaria (art. 5, para. 4), all international treaties which have been ratified according to the procedure established by the Constitution and have entered into force for the Republic of Bulgaria, constitute part of domestic law. Any such treaty takes priority over any conflicting provisions of domestic legislation. Furthermore, subsequent to the ratification of the Optional Protocol, Bulgaria took additional measures to bring domestic legislation into conformity with its requirements.

3.In the process of ratification, Bulgaria reviewed all its domestic legislation, so as to ensure its conformity with the requirements and standards set forth in the Optional Protocol. It was established that Bulgarian domestic legislation was in full compliance with the provisions of the Optional Protocol.

4.Bulgarian legislation does not provide for any recruitment of children in the armed forces. Persons subject to the jurisdiction of the Republic of Bulgaria, who are under 18 years of age, cannot be recruited to serve in the army. According to article 97, paragraph 1, of the Defence and Armed Forces Act of the Republic of Bulgaria, the minimum conscription age is 18, and the maximum conscription age is 27.

5.Bulgarian legislation also provides for the possibility of alternative service (article 84, paragraph 1, of the Defence and Armed Forces Act).

6.With respect to the measures undertaken by the Republic of Bulgaria for the implementation of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, it should be noted that there are no cases of participation in armed conflicts of persons subject to the jurisdiction of the Republic of Bulgaria who are under 18 years of age.

7.The established and functioning evaluation mechanism regarding the respect of the rights of the child under the CRC is also applied to this Protocol:

Domestic legal framework:

Constitution of the Republic of Bulgaria;

Republic of Bulgaria Defence and Armed Forces Act;

Child Protection Act;

Replacement of Military obligations by an Alternative Service Act;

International legal instruments:

Convention on the Rights of the Child;

Optional Protocol on the involvement of children in armed conflict.

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