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HomeIn BulgariaOverview of Legislation

Overview of National Legislation
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Legislation on gender equality and antidiscrimination:

  Law on Protection against Discrimination

 

The Law on Protection against Discrimination  (September 2003, in force since January 2004), aims at transposing inter alia the acquis on equality of treatment for women and men, including the acquis on pregnant workers, parental leave, equal pay, equal treatment in employment and burden of proof. It introduces a system of sanctions and establishes a Commission for protection against discrimination as an independent body which reports to the National Assembly. The Commission is comprised of nine persons. The National Assembly selected 5 and the President of the Republic four members of the Commission. This Commission appointed permanent panels, dealing amongst others with ethnic and racial discrimination and gender equality. Some of the activities of the Commission for protection against discrimination  include establishing breaches and imposing sanctions in accordance with the Law; making proposals to the Executive powers and local self-government institutions to annul laws issued in contravention of the Law; appealing administrative laws enacted in contravention of this Law; providing information to persons about their rights and obligations laid down by this Law and, at their request, providing funding for their protection etc.

 

However, the law still remains not very popular and people are not much informed about their rights to submit complaints in the Commission and in court. The Commission needs to straighten its administrative capacity and to establish regional offices in order to popularize its work out of the capital and to raise awareness of people about the legal grounds for protection against discrimination.

 

   Law on Countering Trafficking in Human Beings

 

The Law on Countering Trafficking in Human Beings (May 2003, in force since January 2004) introduces measures to prevent trafficking, improve co-ordination between state bodies and NGOs and protect the victims of illegal trafficking in human beings. The law is drawn up in line with the UN Convention against transnational organized crime and its supplementing Protocol to prevent, suppress and punish trafficking in persons, especially women and children. Both have been ratified by Bulgaria. The National Border Police and the National Service for Combating Organized Crime are mandated to fight trafficking. The Law envisages the establishment of a National Commission with the Government and chaired by a deputy prime minister. According to the law the National Commission should set up local commissions with the municipalities, chaired by deputy mayors.  The National and the local commissions will coordinate the interrelation between the different agencies and develop programs for the implementation of the Law on national and local level.

 

However, so far little progress has been achieved in the implementation of the tasks of the above-mentioned newly adopted bodies. For example, the creation of the local commissions envisaged by the Law on Countering Trafficking in Human Beings a year and a half after its adoption does not exist. At the same, according to the recently adopted (July 2006) by the government National Programme on Overcoming and Counteracting Trafficking in People and Protection of Victims in 2006 local commissions for combating trafficking in people will be set up in 4 municipalities in risk regions in the country by the end of 2006. Another problem is the still vague system of correlation between the different institutions that are established, as well as their funding, as well as lack of services, financed by the state budget for the reintegration of victims of trafficking.

 

In addition, in August 2006, the Penal Code was amended and punishments for traffickers who have not forced their victims to use drugs were diminished substantially. The amendment almost suspended the sentence of the most emblematic trafficker in Bulgaria in diminishing it from 12 to 4 years.

 

   Law on Protection against Domestic Violence

 

On 16 March 2005, the National Assembly adopted the Law on Protection against Domestic Violence. The Law is envisaged to regulate procedures for protection against domestic violence. The State is obliged to create conditions for the implementation of programs for preventing domestic violence and programs providing assistance to victims of domestic violence and perpetrators. One year after the adoption of the law, on the 19 October 2006, the Government adopted a Programme for Prevention and Protection from Domestic Violence. However no special budget is allocated for its implementation. The financing of the envisaged measures should be insured by the budget of the responsible ministry.

 

Unfortunately, there is still no centralized information system or information data base on the numbers of initiated and finished legal proceedings in court under the law, which do not allow assessing the effectiveness of the law.  

 

  Law on the Ombudsman

 

The Law on the Ombudsman (May 2003, in force since January 1, 2004) envisages that the National Ombudsman and his Deputy will be in charge of investigating violations of citizens’ rights and liberties by state or municipal bodies and their administrations, as well as by persons who provide public services. In this context, they are entitled to access and receive any relevant data for inspection. Financial independence is provided for, as well as immunity. The Ombudsman and his deputy are elected for five years by a simple majority of votes in Parliament. They are exclusively answerable to Parliament and have to present an annual report on their activity. Their opinions and recommendations will be made public.

 

    Draft Law on Equal Opportunities for Women and Men

 

The draft of the Law on Equal Opportunities for Women and Men was prepared in the period between August 2000 - February 2001 by the Ministry of Labor and Social Policy. However, it was twice rejected by the National Assembly in 2002 and 2003. In 2006 new draft Law on Equal Opportunities for Women and Men was prepared by the Ministry of Labor and Social Policy and adopted by the Council of Ministers on the 20 of July, 2006. Although the law was adopted without substantial objections by the Council of Ministers it was difficult to defend the draft in the Parliamentary Committees, because its text was complex and not clear enough as terminology and because it repeated many of the provisions of the Antidiscrimination Law.  After passing in three Permanent Committees in the Parliament, the leading Committee on Human Rights and Religions took decision discussions on the draft to be postponed because the Legislative Council (the legal consultative body of the Parliament) confirmed the need the draft to be improved and legal contradictions in the text escaped.

 

The new Law on Gender Equality should:

  1. Introduce and determine clearly the new terminology on gender equality in compliance with the aim and the philosophy of the law and the international legal documents.
  2. Regulate the aims, the bodies and the institutional mechanism for implementation of the national policy on gender equality.
  3. Regulate the mandate, the functions and the structure of the institutional mechanism for implementation of the national policy on gender equality.
  4. Regulate the main mechanisms for achieving gender equality such as qualitative and quantitative indicators that shall be monitored and assessed, as well as the mechanisms for applying affirmative measures and conducting gender analysis.
  5. Not overleap the general objective to create useful mechanism for introduction of gender mainstreaming in state policy and at this stage it will be more useful to adopt a law which set up a gender management system. The law could be an instrument for smooth introduction of the horizontal policies’ management cycle in the process of management of gender equality policy in Bulgaria.
  6. Use clear and precise terminology and regulate mainly the mechanism for the national gender equality policy planning, formulation, implementation, monitoring and assessment. It should clearly identify the Council of Ministers as the authorized body to formulate the national policy and adopt a national action plan for its implementation, to identify and regulate the functions of the leading implementing body and the gender focal points in sectoral ministries, and reformulate the functions of the National Council of Gender Equality which main aim should be to give proposals for national gender equality strategy and action plan, based on gender focal points contribution.

 

Last update: 22.02.2007

 

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Constitution of the Republic of Bulgaria
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Legislation on gender equality and antidiscrimination:

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