Women's Rights, Protection Against Discrimination & Hate Speech

As human rights are interrelated, indivisible and interdependent, discrimination invariably affects all other rights. The principle of equality has been introduced in Bulgarian law in line with international commitments.

The issue of unequal treatment has been on the agenda of the Ombudsman institution since its inception. The number of complaints of discrimination received each year is growing, which leads to the conclusion that, on the one hand, the manifestations of unequal treatment in our society are becoming more numerous, and on the other hand, that citizens are becoming even more sensitive to them and are turning to the competent institutions for support in protecting certain rights. 

Although the institution of the Ombudsman of the Republic of Bulgaria is not a specialised body for the protection against discrimination, it has repeatedly stressed in its opinions and in the annual reports submitted to the National Assembly that discrimination does not affect only the specific victim and, to a much greater extent, is dangerous and harmful for modern society as a whole in the context of globalisation, nationally and internationally, because it is capable of undermining democratic values and the principles of dignity, equality and mutual respect between people, the denial of the right to equal treatment and the right to equality. Discrimination can potentially, and in peacetime, hinder the achievement of high levels of employment and social inclusion.

Equality between women and men is important for achieving national goals of higher economic growth and employment, equal opportunities and social cohesion. Unfortunately, the principle of gender equality continues to be violated by public statements that are sexist, incite hatred and, more often than not, lead to the blocking of action to combat gender-based violence. Gender stereotypes are a major cause of gender inequality and affect all areas of society, including by limiting opportunities to participate in public life. Stereotypes against women often also limit economic independence.

According to the Ombudsman's observations, the current Equality between Women and Men Act (ЗРЖМ) of 2016 continues to be rather formal, declarative and poorly recognisable in society, without any significant practical effect. 

What is domestic violence?

Domestic violence is an act or an attempt to coercively restrict privacy, personal liberty and personal rights by:
1. Physical violence: e.g. hitting or punching, kicking, slapping; throwing objects; or threatening with a weapon or to hurt; physically restraining; locking up somewhere against one's will; refusing to provide necessary help when one is sick, injured or pregnant; preventing one from seeking medical help; beating children; threatening physical violence against relatives or friends, etc.;
2. Sexual violence: e.g. forced undressing (against will); forced inducement to sexual intercourse (against will); sexual intercourse with particular cruelty; manifestations of extreme jealousy and accusations of other amorous relations with whomsoever; etc.;
3. Emotional and psychological violence: e.g. constant criticism, shouting and insulting; disregard for feelings and ridicule about beliefs; banning from going out to work or socially (including with friends and relatives); manipulation through lies; insults to friends and relatives; banning from phone calls; humiliation in public; threats of eviction from the home or taking the children; restricting personal contact with shared children; etc.;
4. Economic violence: imposing complete control over the household budget; unilateral financial decision-making; appropriation of all family income, etc.

Any domestic violence committed in the presence of a child, mental and/or emotional, shall be deemed to have been committed against that child.

Domestic violence is perpetrated by persons with whom you are or have been related, including: a spouse or former spouse; a person with whom you are or have been in a de facto marital relationship (i.e. cohabiting; sharing a home but not married); a person from whom you have a child (including where there is de facto cohabitation); an ascending or descending relative (or one of the person with whom you are de facto cohabiting); a person who is your guardian, custodian or foster parent; etc. 

How can you protect yourself?

1. Ask a doctor to certify in writing any injuries or signs of violence;
2. Join domestic violence prevention and protection programmes and/or victim assistance programmes;
3. File a petition with the local police department for emergency domestic violence protection measures;
4. File an application for a domestic violence protection order with the district court of the your permanent or current address directly or through the district police station. The application shall be accompanied by a statement of the violence committed.

These shall be filed within 1 month of the act of domestic violence and can be submitted by:
- a brother, sister or a person to whom you are related in the direct line;
- the guardian or custodian;
- the Director of the Social Assistance Directorate - for people who are minors, under guardianship or with a disability;
- BUT an application may also be made by those who have reached the age of 14 years or are under limited legal guardianship.

No state fees are due when filing the application. Measures for protection from domestic violence are listed in Article 5 of the Protection against Domestic Violence Act (PDVA). 

The competent court is the district court of the permanent or current address. It initiates proceedings following an application and issues a decision - a protection order. This decision may be appealed against before the district court within 7 days of receipt. The appeal shall be lodged through the court which made the decision, with a copy to the other party to the case, without payment of stamp duty. The county court shall hear the appeal within 14 days and give a final decision.

Important regarding the actions of the Ministry of Interior officers under the Protection against Domestic Violence Act:

The Methodological Guidelines of the Ministry of Interior for the actions of the officers under the Protection against Domestic Violence Act of 02.02.2024 describe the interaction and actions of all involved officers and also describe the individual prevention that should be carried out, both towards the victim of domestic violence and towards the perpetrator, in order to avoid secondary victimization and to prevent the perpetration of other acts. The Risk assessment algorithm in the recognition of cases of domestic violence, with protocols (questionnaires) attached to it (Article 6d, para 2, point 1b of the PDVA).

According to the Methodological Guidelines, police officers sent to investigate a domestic violence report shall take action to separate the victim from the perpetrator by holding discussions with both parties separately. They shall draw up a report on the domestic violence report visited (Annex 1 to the Methodological Guidelines) and fill in a questionnaire (Annex 2) to confirm or deny the existence of domestic violence. In case of confirmation, a protocol-procedure is activated (Annex 3), through which they explain to the victim his/her rights under the PDVA, informing him/her in due time that in case of a crime of a general nature, the prosecution is conducted by the competent authorities, regardless of whether the victim so wishes. The person shall be referred to specialist services and advised, if necessary, to contact an emergency operator immediately by telephone 112. With regard to the perpetrator of domestic violence, a warning report is drawn up (Art. 65 of the Ministry of Interior Act). When the person presents himself/herself to the structures of the Ministry of the Interior, or a report is received from other sources about a person who is a victim of domestic violence, a risk assessment questionnaire (Annex 4 and 5) shall be filled in after the registration of the report. In cases where a protection order has been issued by the relevant district court, with protection measures imposed, the police officer shall, within 7 days, hold a discussion with the perpetrator of domestic violence, warning him in writing about compliance with the imposed measures, explaining that failure to comply with the protection order is a criminal offence under Art. 296, para. 1 of the Penal Code, which provides for imprisonment for up to three years or a fine of up to five thousand leva, and the person who violates the order shall be immediately detained by the police officers. Within the same period (7 days), the police officer interviews the victim of domestic violence and completes the Risk Assessment Questionnaire aimed at measuring the degree of risk of increasing the severity of injuries or death in a subsequent incident of violence. The questionnaire shall also be completed by the victim according to his/her experiences of the violent situation. If the risk is high or extremely high, measures are taken to monitor the perpetrator.

Information on the Ombudsman's campaign agaist domestic violence can be found HERE.

More information on the Ombudsman's monitoring of CEDAW can be found below.