Project report
Rethinking Child Justice in Bulgaria: From Punitive Responses to Prevention and Protection
Maestral ·
Summary
Written by AI, not yet AICS's view ·Key points
Limitations
Abstract
Maestral recently worked with UNICEF Bulgaria, in close cooperation with the Government of Bulgaria, to conduct a national study on children with offending behaviour and in conflict with the law, providing an updated evidence base to inform reform of Bulgaria’s child justice system. The study examined the nature and extent of child offending—including children below the age of criminal responsibility—through desk review, field research across five appellate judicial districts, and consultations with over 300 stakeholders and children. It assessed the legal and institutional framework, reviewed services, and gathered insights from children and caregivers to better understand the drivers of offending behaviour and gaps in support systems. Across Europe, child justice systems are increasingly being called to move beyond punitive approaches and align with child rights standards. Bulgaria presents a particularly important case: while child offending is declining, the system continues to rely on outdated legal concepts, fragmented institutional arrangements, and responses that do not adequately address root causes. The study highlights a critical paradox. While the number of children formally convicted has declined, many children, including those below the age of criminal responsibility, are still subject to administrative “educational measures.” These measures include placement in correctional institutions that restrict liberty. In parallel, children with behavioural difficulties are also placed in residential services within the child protection system as a protection measure. Together, these pathways blur the line between protection and punishment and often operate in silos. A central message is that children’s contact with the justice system rarely reflects deliberate criminal intent. Rather, it stems from cumulative disadvantage—including poverty, family instability, educational exclusion, discrimination, exposure to violence, and unmet psychosocial needs. This points to the need for earlier, coordinated prevention and support. In this sense, child offending is fundamentally a child protection issue—not simply a justice issue. Despite this, responses remain largely reactive, prioritising supervision and control over prevention and rehabilitation. Outdated provisions, particularly those related to “antisocial behaviour”, allow punitive responses to non-criminal acts such as truancy or running away, further entrenching vulnerability. At the same time, there are strong signs of readiness for reform. Professionals across sectors recognise current limitations and show openness to alternatives such as diversion, restorative justice, and early intervention. Civil society organisations already demonstrate effective approaches, including family-based support, trauma-informed care, and community-level services. The study identifies three priority areas for reform: aligning the legal framework with international standards; shifting from institutional to community-based responses; and strengthening coordination, data systems, and efforts to address inequality, particularly for marginalized children. Together, these findings point to a clear direction: building a child justice system that protects rights, prioritizes rehabilitation, and addresses underlying vulnerabilities. This work was delivered by Maestral’s team of consultants, including Viktoria Perschler, Manfred Nowak, Manu Krishan, Maria Yanakieva, and Zhaklina Georgieva Andonova.