Supreme Court Repeals Discriminatory Ordinance on Late Child Support Payments
27 May 2025
Sofia, Brussels, 27 May 2025: In a significant legal victory for Roma rights and child protection, the Bulgarian Supreme Administrative Court has repealed a discriminatory provision that had long penalised vulnerable families by delaying child support payments in cases where the State was responsible for the payment. The case was brought by the Equal Opportunities Initiative and the European Roma Rights Centre (ERRC).
“The Court's repeal of the Ordinance provision removes a serious legal barrier that had disproportionately harmed Romani parents and caregivers. It formally recognizes that State-level inaction and structural delays must not be grounds for penalising families who are already marginalised. This judgment is one more step towards justice against a system which unjustly treats many Romani families,” - said Đorđe Jovanović, President of the ERRC.
The decision, issued on 28 April 2025, revoked Article 10, paragraph 3 of the Ordinance regulating the procedure for state-paid child support. This provision allowed for a delay in payments in cases where the payments are the State’s responsibility, disproportionately affecting Romani families and caregivers. The Court’s decision confirms that state-level inaction and bureaucratic delays must not be grounds for penalizing families who rely on this essential support. The ruling also ensures that individuals are not unduly punished when delays in child support payments are beyond their control, particularly in situations where the State bears responsibility for those payments.
“The Supreme Court’s Decision sets an important standard and brings a measure of social justice” said Alexander Kashumov, the attorney representing the case. “The judgment instructs executive authorities to avoid discrimination in their duty to provide essential financial support to disadvantaged families for childcare. Roma suffer the most from current practices, but in a global landscape of undermining human rights and justice the Court’s decision moves society towards better rule of law and equality.”
Importantly, the Supreme Court’s ruling sets a legal precedent for protecting the rights of vulnerable individuals across Bulgaria. It recognizes systemic discrimination against Romani communities in the child welfare system, ensuring that families will no longer be unfairly punished due to failures in the system intended to protect them. The decision also holds the Bulgarian government accountable for long-standing structural failures and signals a need for comprehensive reform in the child protection system.
Behind this decision, there are years of coordinated advocacy and legal expertise by civil society actors, the ERRC, the Equal Opportunities Initiative Association (EOIA), and Integro Association, the national coordinator of the ROMACT Program in Bulgaria.
This press release is also available in Bulgarian.
For more information or to arrange an interview, contact:
Daniela Mihailova
Legal Director
Equal Opportunities Initiative Association
equal_opportunities@abv.bg
+359 888 515 992
Jonathan Lee
Advocacy & Communications Director
European Roma Rights Centre
jonathan.lee@errc.org
+32 49 288 7679
