| For a summary of Bulgaria’s review at the second cycle please click here. |
9th UPR session
Date of review: 4 November 2010
Date of report adoption: 4 January 2011
Document number: A/HRC/16/9
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SUMMARY SOGIESC issues during Bulgaria’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
14. ILGA urged Bulgaria to eliminate and prohibit discrimination on the basis of gender identity in public and private employment. It also urged Bulgaria to ensure that families with lesbian, gay, bisexual, and transgender parents were not subjected to discrimination on the basis of sexual orientation or gender identity of any of it members.
Right to life, liberty and security of the person
22. ILGA mentioned that violence against lesbian, gay, and transgender persons was present and widespread. It recommended that Bulgaria (1) take measures to prevent and provide protection from all forms of violence and harassment related to sexual orientation and gender identity; (2) undertake awareness-raising campaigns in order to combat the prejudices that underlie violence related to sexual orientation and gender identity and (3) investigate such violence and prosecute those allegedly responsible.
Freedom of religion or belief, expression, association and peaceful assembly and right to participate in public and political life
43. BHC stated that hate speech against ethnic and religious minorities and persons with different sexual orientation was widespread and remained unpunished. Its sources included the media and political parties. ECRI expressed concern about information relating to manifestations of intolerance and incitement to racial, ethnic or religious hatred in the press and on television. It reiterated its recommendation that Bulgaria make efforts to prosecute and punish members of the media who incite racial hatred.
45. ILGA stated that there were a substantial number of publications, using politically incorrect and harassing language against lesbian, gay, bisexual and transgender people. It recommended (1) that Bulgaria take explicit legal measures to ensure that the exercise of freedom of opinion and expression did not violate the rights and freedoms of persons of diverse sexual orientations and gender identities; (2) that media outputs are pluralistic and non-discriminatory in respect of issues of sexual orientation and gender identity; and (3) that speech motivated by homophobia and transphobia did not remain unpunished.
Right to education
63. ILGA stated that the educational curricula in Bulgaria was strictly gender biased, represented strong hetero-normative and sexist role of men and women, and excluded lesbian, gay, bisexual and transgender people. It urged Bulgaria to ensure that educational methods, curricula and resources serve to enhance understanding of and respect for, inter alia, diverse sexual orientations and gender identities.
II. Excerpts on SOGIESC issues from the national report
D. Institutions for protection of human rights
56. Article 4 of the Act lists 19 grounds of discrimination, viz. gender, race, nationality, ethnic origin, citizenship, origin, religion or belief, education, opinion, political affiliation, personal or public status, disability, age, sexual orientation, marital status, property status and human genome. The list is non-exhaustive because the same article also stipulates that “…any other grounds, established by the law, or by international treaties to which the Republic of Bulgaria is a Party” shall be taken into account.
IV. Protection and promotion of human rights in practice
A. Protection against all forms of discrimination
69. All direct or indirect discrimination on grounds of sex, race, ethnicity, nationality, origin, religion or faith, education, beliefs, political affiliation, personal or public status, disability, age, sexual orientation, family status, property status, or any other grounds provided for by law or international treaties, ratified by the Republic of Bulgaria, shall be prohibited.
79. “Sexual orientation” shall mean heterosexual, homosexual or bisexual orientation.
Right to work
128. The Constitution guarantees to every citizen, the freedom to choose his/her profession and place of work. No one shall be compelled to forced labour. There shall be no direct or indirect discrimination on grounds of nationality, origin, sex, sexual orientation, race, skin colour, age, political and religious convictions, membership in trade union and other public organizations and movements, family and material status, mental and physical disabilities. No one shall abuse and misuse these rights and obligations to the detriment of others. No one shall be prosecuted or punished if he/she files a complaint in court seeking defence of their rights against another person, employer or office.
Rights of patients
140. Patients are liable to health care, irrespective of age, sex, origin, language, ethnic, racial or political affiliation, education, convictions, cultural level, sexual orientation, personal, public or material status, disability and the type and reason of the illness. In 2009 an Executive Agency for medical audit was established to the Minister of Health for monitoring respect and observance of patients’ rights and providing quality medical care – services in accordance with relevant medical standards.
Rights of LGBT
175. The Protection against Discrimination Act explicitly refers to the protection of the rights of gays, lesbians and bisexuals. The Act postulates that “Sexual orientation” shall mean heterosexual, homosexual or bisexual orientation. The Act qualifies “harassment” as meaning any unwanted conduct expressed in a physical, verbal or any other manner, which has the purpose or effect of violating the person’s dignity or creating a hostile, degrading, humiliating or intimidating environment, attitude or practice.
176. There are non-governmental organizations in Bulgaria which are very active in the field of protecting human rights of LGBT.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
12. Regarding the equal treatment and protection from discrimination of the lesbian, gay, bisexual and transgender community, he stated that discrimination based on sexual orientation was prohibited under the Protection against Discrimination Act, whose scope extended beyond the minimal requirements of the European Union acquis communautaire. In the event of discrimination, a number of national remedies existed, ranging from addressing the Commission for the Protection against Discrimination to the court system.
V. Conclusions and/or recommendations
Bulgaria accepted the following recommendations:
80.8. Adopt legislation to prevent discrimination on the grounds of sexual orientation in the same manner as existing legislation to protect against discrimination on the grounds of ethnicity, gender and religion (United Kingdom);
80.43. Support more actively the implementation of the rights of sexual minorities as a means to fight social isolation and discrimination (Norway);
80.44. Develop effective measures to overcome continuing discriminatory patterns against ethnic minorities and lesbian, gay, bisexual and transgender persons through education and training (Spain).
Bulgaria noted the following recommendations:
80.9. Study the possibility of introducing a criminal aggravating factor for racial and religious hatred or hatred against persons with a minority sexual orientation (Spain).
VI. Further information
You will find all documents relating to Bulgaria’s first review at UPR-Info and OHCHR’s websites.