1 June 2023
Ombudsman Diana Kovacheva has sent an opinion to Caretaker Deputy Prime Minister and Social Minister Lazar Lazarov in relation to the Draft Ordinance to Amend Ordinance No. RD-07-5 of 2008 of the Ministry of Labour and Social Policy on the Terms and Procedure to Award Heating Benefits published for a public discussion by 1 June of this year.
“In my capacity of Ombudsman and National Public Advocate, I have always emphasised that there should be a comprehensive policy, effective measures, an integrated approach to resolve the issues related to social assistance, with a new philosophy, goals and principles. The system of social assistance is in urgent need of reorganisation which should result in a more effective use of public funds,” the Ombudsman notes.
In her opinion, Prof. Kovacheva emphasises that she appreciates the ambitious task to resolve the problem with dropping out of the educational system the society faces. She points out that Bulgaria needs an investment in children and incentives for the parents as well as support mechanisms tied to specific responsibilities so that children could go back to school.
“I would also like to draw your attention to the proposals for amendments to Article 2 of the Draft Ordinance. The new version of paragraph 4 envisages that the differentiated income for heating will be determined in view of the support base which amounts monthly to 30 per cent of the poverty line for the respective year adjusted with the appropriate percentage for the group to which a person belongs. Five groups of people in a vulnerable position are identified: people living alone, pregnant women, children aged up to 18 and single parents, as well as co-habiting persons. I am deeply concerned because the Draft Ordinance does not list expressly other categories of vulnerable citizens who are part of the current version of Ordinance No. RD-07-5 of 2008 – such as elderly people and people with disabilities,” Diana Kovacheva points out.
She notes that it is not clear whether the groups of people who are entitled to assistance as listed in items 15 to 17 will preserve their rights in the new draft as well. She expressly emphasises that, due to their aggravated situation, people with disabilities have specific needs and they require additional social support because their financial situation is impacted by the higher risk of poverty and unemployment and by the significant expenses they need to make in order to compensate for the deficiencies and to overcome the existing barriers in their interaction with their surroundings.
“The need for adequate assistance is also determined by the requirements of the international human rights instruments to which our country is a party – such as the UN Convention on the Rights of Persons with Disabilities and the Charter of Fundamental Rights of the European Union,” the Ombudsman goes on to state insisting that the proposals to guarantee the rights of citizens in a vulnerable position submitted in the course of the public discussions should also be taken into account.