Created on 20.03.2025
If you are under 18 years of age, according to Bulgarian law you are still a child and benefit from the special protection given to children, including detention by the authorities.
In this article you will learn what “detention” means and what rights you have as a child under the age of 18 in Bulgaria.
I. What does “detention” mean and what are its consequences?
Detention means forced accommodation in certain places for this in Bulgaria (a Special Centre for Temporary Accommodation of Foreigners or SCTAF for short), from which one cannot leave for a certain period of time. Detention is always for a specific period of time because it restricts freedom of movement.
In Bulgaria, there are two types of detention of foreigners:
• Immigration detention – most often when a foreigner has entered the country illegally or no longer has permission to stay in Bulgaria, which is why he must be removed from the country and returned to his homeland;
• Detention during a procedure for obtaining international protection – in some cases, a foreigner may be detained for a certain period of time or until the proceedings on his application for protection are completed.
You can read more about detention and its consequences here.
II. Can I be detained if I am under 18?
If you are under 18 and are in Bulgaria without your parents, according to Bulgarian law you cannot be subjected to immigration detention! Police officers are obliged to contact the Social Assistance Directorate to take measures under the Child Protection Act.
If instead you are detained and placed in Special Centre for Temporary Accommodation of Foreigners (SCTAF), you should immediately ask for a lawyer who will protect your rights.
Finding a good lawyer in Bulgaria
If you are in Bulgaria with your parent and he is detained by the authorities in a Special Centre for Temporary Accommodation of Foreigners (SCTAF), then you can also be detained with him, but for a period not exceeding 3 months.
III. Can I be detained if I have applied for international protection and am not yet 18 years old?
If you are under 18 years old and have sought protection in Bulgaria, you may be detained during your asylum procedure only as a measure of last resort. According to the law, this detention must be for the shortest possible time, but the law does not specify a maximum period.
During your stay in a detention center, you have the right to education and must have the opportunity to participate in recreational and other activities appropriate to your age.
IV. What other rights do I have?
As a foreigner under 18 in Bulgaria, you have the following rights:
• To request that a lawyer be immediately assigned to you to look after your interests and safety;
• To speak to state officials in a language you understand. If you do not speak Bulgarian, you can ask for an interpreter in your native language to be present. If you do not understand the interpreter well, you can always ask questions and ask for another interpreter to be called;
• To be examined by a doctor or psychologist if necessary. If you do not feel well, you should immediately inform state officials so that they can provide you with medical assistance;
• To ask questions and to be informed about all actions taken by officials;
• To speak on the phone and maintain contact with your parents and family;
• To speak to officials from non-governmental organizations that provide assistance to foreigners and protect their rights;
• Attend school, participate in various recreational activities, play outside and socialize with other children.
State officials and the police are not allowed to use physical or verbal violence against you! If this happens, you must immediately notify your lawyer and report it to other officials or helping organizations.
You will learn more about your stay in Bulgaria and your rights in this article: People under 18 traveling alone
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