| For a summary of Bulgaria’s review at the first cycle please click here. |
22nd UPR session
Date of review: 7 May 2015
Date of report adoption: 8 July 2015
Document number: A/HRC/30/10
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SUMMARY SOGIESC issues during Bulgaria’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
15. CoE-ECRI noted hate speech targeting sexual orientation and that hate speech or violence targeting sexual orientation or gender identity was not recognised as an offence in the Criminal Code. AI referred to reported cases of violence and attacks against LGBTI persons or those who are perceived as having a different sexual orientation or gender identity.
16. CoE-ECRI recommended that an action plan be adopted to combat homophobia and transphobia and that sexual orientation and gender identity be included in all the articles of the Criminal Code addressing hate speech and hate crime. It recommended that the Antidiscrimination Act be amended to include gender identity as a ground of discrimination and that legislation be developed on gender recognition and gender reassignment.
II. Excerpts on SOGIESC issues from the national report
Non-discrimination (recommendations 80.8, 80.44, 80.43, 80.100, 80.103, 80.40)
45. The authorities have continued its consistent policies aimed at preventing and eliminating any form of discrimination, including against the LGBT persons. All Bulgarian citizens are given the opportunity to freely state their sexual orientation and gender identity.
47. In 2011, the Ombudsman extended a recommendation to the Legislative and Executive branches to criminalize offences incited by homophobia.
III. Excerpts on SOGIESC issues by UN agencies
Right to life, liberty and security of the person
23. […] CAT recommended that Bulgaria prevent inter-prisoner violence and protect prisoners from such violence, particularly lesbian, gay, bisexual and transgender persons, and investigate incidents of death in custody and prosecute the persons responsible
Right to privacy, marriage and family life
46. CESCR was concerned that same-sex couples were not legally recognized and by the absence of a legal framework for the protection of the rights of same-sex couples. It recommended that same-sex couples be recognized legally.
IV. References to SOGIESC issues during the Working Group review
18. There was a substantial improvement in the interaction between the Prosecutor’s Office and the investigating authorities in identifying and reporting discriminatory motives at the earliest possible stage of pretrial proceedings. Although sexual orientation and gender identity were not explicitly defined as aggravating circumstances in the Criminal Code, such elements of the crime had been taken into account during the trial and the judgements of courts. In that respect, training was regularly provided to enhance the qualification of prosecutors.
23. Concerning lesbian, gay, bisexual and transgender persons, the authorities have continued to pursue consistent policies aimed at preventing and eliminating any form of discrimination, including against such persons.
36. Switzerland […] was concerned about the inadequate protection provided to lesbian, gay, bisexual, transgender and intersex persons.
44. The United Kingdom […] expressed the hope that the Government would foster understanding in society for lesbian, gay, bisexual and transgender persons. It made recommendations.
70. The delegation stated that the principle of equality and non-discrimination was enshrined in the Constitution and legislation. The authorities continued their consistent policies aimed at preventing and eliminating all forms of discrimination, including against lesbian, gay, bisexual and transgender persons. The Protection against Discrimination Act prohibited any direct or indirect discrimination based on a number of grounds, including gender and sexual orientation.
103. The Netherlands noted with appreciation that the Protection from Discrimination Act that had been recently amended included protection from discrimination in cases of gender reassignment. It welcomed the efforts of Bulgaria to fight discrimination against lesbian, gay, bisexual and transgender persons.
V. Conclusions and/or recommendations
Bulgaria accepted the following recommendations:
123.70 Strengthen the measures to fight hate speech, targeting of persons on the ground of their ethnicity, religion or sexual orientation, particularly Roma, Muslim and lesbian, gay, bisexual, transgender and intersex persons, as well as asylum seekers and migrants (France);
123.81 Include racist motivation of crimes as an aggravating circumstance in the Criminal Code and make more effective the investigation and prosecution of hate speech and violence, including against persons based on their sexual orientation or gender identity (Czech Republic);
123.82 Modify its legislation to include discrimination based on sexual orientation and gender identity in the list of offences (Israel);
123.83 Take steps to criminalize hate crimes, including discrimination based on sexual orientation or gender identity, both in law and speech (Uruguay);
123.84 Include the issue of discrimination against lesbian, gay, bisexual, transgender and intersex persons in the human rights awareness courses (Uruguay);
123.85 Adopt measures to end discrimination and violence based on sexual orientation and gender identity, actual or perceived, in compliance with its human rights obligations (Switzerland);
123.86 Take all necessary measures to ensure that the Criminal Code prohibits all crimes against persons or against property on the basis of their actual or perceived sexual orientation or gender identity (Belgium).
VI. Further information
You will find all documents relating to Bulgaria’s second review at UPR-Info and OHCHR’s websites.