TRANSMONEE 2010
Analytical report
Gender issues 10 years after the “women in transition report”
October 22, 2010
Introduction
Policies on Equal Opportunities
Since 2000 the state policy on gender equality in Bulgaria falls under the responsibilities of the Ministry of Labour and Social Policy.
The coordination and collaboration between the governmental bodies and the non-governmental sector regarding gender equality issues is achieved through the consultative National Council on Equality between Women and Men. It develops the state policy on gender equality and works for the promotion of gender equality as a part of the State policy by putting special emphasis on the implementation of gender mainstreaming in policy making in all sectors. The state policy should guarantee prevention and elimination of gender-based discrimination, equal access to the labour market and economic activities, appropriate measures for reconciliation of work and family life. Education and health care, especially reproductive health, are areas of special concern as well as combating domestic violence and trafficking in human beings.
The activities, which focus on updating the Ministries' priorities, according to the main priorities of the Government, are set out in the annual National Action Plans for Promotion of Gender Equality (since 2005). They are directed towards the whole society and encourage equality in decision making, awareness raising and elimination of gender stereotypes for the roles of women and men.
The measures of the state addressing gender equality in the labour market are included in the National Action Plans on Employment (since 2001), developed by the Ministry of Labour and Social Policy and adopted by the Council of Ministers. They include a separate section on promotion of equal opportunities for women and men. In this aspect, the National Action Plan for Employment for the lastfour years expresses the state policy, which introduces several consistent and special measures for encouraging the participation of women in the labor market, reconciliation of work and family life etc. The Consultative Commission on Equal Opportunities to the Minister of Labour and Social Policy,established in 2003, provides consultancy to the Ministry in the development of these policies.
TheConstitution of the Republic of Bulgaria wasadopted in 1991 by the Seventh Great National Assembly. Equal rightsand the principle of non-discrimination are enshrined in the Constitution (Fundamental principles, Article 6: (1) All persons are born free and equal in dignity and rights.(2) All citizens shall be equal before the law. There shall be no privileges or restriction of rights on grounds of race, nationality, ethnic self-identity, sex, origin, religion, education, opinion, political affiliation, personal or social status or property status.).
Articles 46 and 47 of the Chapter on Fundamental Rights and Freedoms settle family relations and parenthood based on equal rights and obligations(Article 46 (2) Spouses shall have equal rights and obligations in matrimony and the family; Article 47 (1) The raising and upbringing of children until they come of age shall be a right and obligation of their parents and shall be assisted by the state; (2)Mothers shall be the object of special protection on the part of the state and shall be guaranteed prenatal and postnatal leave, free obstetric care, alleviated working conditionsand other social assistance.
Codes
The Labour Code prohibits all sorts of discrimination, privileges, limitations based on nationality, origin, gender and race(Article8(3):In the exercise of labour rights and duties no direct or indirect discrimination, privileges or restrictions shall be allowed on grounds of ethnicity, origin, sex, race, skin colour, age, political and religious convictions, affiliation to trade union and other public organizations and movements, family, social and property status and disability.). The amendment to the Code in 2001 introduced the principle of equal pay to women and men (Article 243). By the end of 2003 amendments to the Labour Code introduced the definitions of indirect discrimination (Supplementary Provisions, §1,7). Moreover, when advertising job vacancies employers will not have the right to set requirements relating to gender and age.
TheFamily Code settles the relationship in marriage, relation and adoption, guardianship and trusteeship. The Family Code is based on the principle of „equality of men and women”
TheSocial Insurance Codestates that the state public insurance shall be implemented on the principles of obligatory and comprehensive insurance and equality of the insured persons.
The Bulgarian Penal Code classifies as criminal offences against the personrape, induction into prostitution and trafficking in human beings, as well as forcing to sexual intercourse through using material or employment dependence. The Penal Code creates criminal penalties for the infliction of severe and moderate physical injuries. The trafficking in human beings is a criminal offense under the Bulgarian Penal Codesince 2002.
Legislation on gender equality and antidiscrimination
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.
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.
On16 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 October2006, 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.
TheLaw on the Ombudsman(May 2003, in force since January 1, 2004) envisages that theNational 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.
Institutional Mechanisms
According to the enforced since 1 January 2004 equal treatment and anti-discrimination legislation and – the Law on Protection against Discrimination, the Law on the Ombudsmanand the Law on Combating Trafficking in Human Beings, started the establishment of the relevant structures. At the end of 2004 the Commission for Combating Trafficking in Human Beings (to the Government)was set up. In April 2005 the Commission for Protection against Discrimination (an independent body) and the Ombudsman Institution (reporting to the Parliament) were established.
Bythebeginningof 2006 the following institutions, addressing gender equality issueshave been established in Bulgaria:
Institutional Mechanisms to the Legislative
It is the Human Rights, Religion, Citizens’ Complaints and Petitions Committee at the National Assembly that deals with gender issues.This is a Standing Committee approving bills on human rights and religions, submitted by members of the Parliament or the Council of Ministers. It also considers bills on anti-discrimination, gender equality, rights of children, rights of convicts, rights of refugees, religious freedoms, e.g. the bills on the Ombudsman, on Equal Opportunities for Women and Men (not passed), on Protection against Discrimination etc. The Committee also organizes roundtables and other discussions on these issues together with international institutions and non-governmental organizations.
The Commission for Protection against Discrimination is an independent specialized state body for prevention from discrimination, protection against discrimination and ensuring of equal opportunities. The Commission exerts control over the implementation and compliance of the Law on Protection against Discrimination and other laws regulating equality of treatment and reports annually to the National Assembly. It is proclaimed to be a legal person on budget support, having its head office in Sofia. The Commission works and make decisions on the cases brought before it in panels, which are appointed by the Chair of the Commission. The latter also appoints permanent panels, specialized in different fields of discrimination: ethnic and racial; gender; and other grounds of discrimination.
The Commission is comprised of nine persons, of which at least four jurists. The National Assembly appoints five, including the Chair and the Deputy, and the President of the Republic appoints four of the members of the Commission.
The National Ombudsman’s task and duty is to intervene, by the means envisaged in the law, in order to protect citizens’ rights and freedoms when they have been violated by actions or omissions of the state and municipal authorities, administrations or by the person assigned with the provision of public services. Thus in case the violation done is in relation to the right of equal treatment, the affected persons may refer to the Ombudsman. The Ombudsman is obliged to maintain a public register with information on the complaints and signals received by it and their movement and to issue a bulletin on its activities, which are declared to be public. The state and municipal authorities as well as all natural and legal persons are obliged to provide the Ombudsman with information and assistance. It is important to note that the Ombudsman is authorized to commence work on its own initiative in case necessary conditions for protecting citizens’ rights and freedoms have not been created. The Ombudsman is allowed access to the authorities, including attending their discussions and meetings; to request and receive information from the authorities; to express publicly opinion and make statements, including in the mass media.
Institutional Mechanisms to the Executive
TheNational Council on Equality between Women and Mento the Council of Ministers isthe bodyforconsultations, development and implementationof the national policy on gender equality in collaboration and coordination between the government authorities and the non-governmental sector. The National Council is set up in November 2004 by Government Decree 313/17.11.2004.
The National Council on Equality between Women and Men is chaired by the Minister of Labour and Social Policy and its members are Deputy Ministers from all Ministries, the Chairs of the State Agencies - for Child Protection, for Refugees, for Information Technology and Communications and the Heads of the National Social Securities Institute and the National Statistical Institute. The Demographic Policy, Equal Opportunities and Antidiscrimination Departmentat the Demographic Development, Ethnic Issues and Equal Opportunities Directorate serves as administrative and technical Secretariat of the National Council.
The National Council consults the Government on draft legislation and other acts on equality between women and men, gives positions on their compliance to the aims of the policy on gender equality. It coordinates the efforts of the governmental bodies and the non-governmental sector in implementation the state policy on gender equality and international commitments of the Republic of Bulgaria regarding these issues. The National Council supports the implementation of domestic and international projects of national importance, carried out by the social partners and the NGOs in the area of genderequality, reconciliation of family and parental obligations with professional responsibilities and gives account for the final results and organises the conduct of research on issues related to its activities.
The National Council also approves rules for consultations and collaboration at the local level.It keeps up contacts with similar bodies in other countries as well as with international organizations with similar objectives and areas of activities.
The National Council on Equality between Women and Men coordinates its activities with the Commission for Protection against Discrimination and the Ombudsman and offers measures for implementation the state policy on gender equality independently or in partnership with the Commission for Protection against Discrimination.
Diagram
The National Commission for Combating Trafficking in Human Beings was established at the Council of Ministers on the 30 September 2004 and is chaired by one of the Deputy Prime Ministers.
The Commission includes a deputy minister of foreign affairs, a deputy minister of labour and social policy, a deputy minister of the interior; a deputy minister of justice, a deputy minister of health, a deputy minister of education and science, a vice president of the State Agency for Child Protection, a deputy chairperson of the Central Commission for Combating Anti-Social Behaviour of Juveniles and Minors. The Central Commission includes representatives of the President of the Supreme Court of Cassation, the Prosecutor General and the Director of the National Investigation Service. The meetings of theCentral Commission may be attended by representatives of non-profit legal entities and international organisations with country offices that operate in the area of combating the trafficking in human beings and protecting the victims of trafficking.
The National Commission organises and co-ordinates the co-operation between the relevant agencies and organisations, determines and administers the implementation of the national policy and strategy in the area of combating trafficking in human beings; develops on an annual basis a national programme for prevention and combating of trafficking in human beings and protection of victims of trafficking, which is presented to the Council of Ministers for approval; promotes the research, analysis and statistical reporting of human trafficking data; contributes to the international co-operation for prevention and combating the trafficking in human beings; carries out information, awareness and educational campaigns aimed at potential victims of trafficking; develops training programmes for officials working in the area of prevention and combating trafficking in human beings; manages and supervises the activities of the Local Commissions and the centres for protection and support of victims of trafficking; registers individuals and non-profit legal entities who provide shelter to victims of trafficking. The work of the National Commission is extremely important for the development of the national policy for combating trafficking in human beings and for the effective interaction and coordination between the state and municipal authorities, as well as between them and the non-governmental organizations, working in the field.
The Ministry of Labour and Social Policy is responsible for gender issues. In March 2004was set up a specialized unit called Equal Opportunities for Women and Men Sector within the Policy of Labour Market Directorate. In November 2005 with the entry into force of the new Rules of Procedures of the Ministry this sector was closed down and was established another unit – Equal Opportunities Department at the newly set up Demographic Policy, Social Investments and Equal Opportunities Market Directorate, which develops and coordinates the implementation of the state policy in these fields.
The Consultative Commission on equal opportunities and vulnerable groups in the labour market was set up to the Minister of Labour and Social Policy in February 2003. The Commission consisted of representatives of the state authorities responsible for the elaboration and implementation of gender equality policy, social partners and NGOs. It is chaired by the Minister of Labour and Social Policy. The Deputy chair was a representative of the non-governmental organizations, working on women’s issues. Its aim is to improve the coordination in the process of gender and social equalization in Bulgaria and to reinforce the administrative capacity of the states institutions and organizations responsible for the policy of equality regarding measures and actions related to gender equality in the labour market.
The results of the review of gender equality in different areas of public life in Bulgaria[1], demonstrates inequality between women and men in the areas of employment, education, participation in the political life. Those differences reflect some formal limitations influencing directly or indirectly the dimensions of gender equality. However most of them are indirect, reflecting traditional notions and practices.