A/HRC/16/9
74.
Concerning the empowerment of women in society in general, the delegation of
Bulgaria responded that men and women had an equal right to participate in society, and
that special provisions in the Protection against Discrimination Act provided for all legal
entities, including private companies, to undertake positive measures to increase the
participation of that sex which was less represented in the work environment. At present,
there was a 13 to 14 per cent gap in terms of what men and women were paid on average.
The Government had examined why this difference existed. It seemed to be due to the
structure of staffing and positions occupied, rather than to the existence of policies giving
men and women different salaries. Furthermore, an agreement had been signed between the
Ministry of Labour and Social Policy and the Commission on Protection against
Discrimination to take joint action to reduce or eliminate differences in pay between men
and women.
75.
With respect to refugees and asylum seekers, Bulgaria responded that since 2002,
there had been a separate law and a Government agency ensuring the full implementation of
protection measures under international law. The Minister provided relevant statistics.
76.
Regarding domestic violence, Bulgaria responded that since 2005, the Domestic
Violence Act had provided a clear definition, specific actions and measures to protect
victims, and that in 2009 the necessary amendments had been made to the Penal Code. The
Ministry of the Interior had issued guidelines on how to take action to protect women and
children in cases of domestic violence, information leaflets had been distributed, and a
National Coordinator in the Ministry of the Interior had been appointed. In August 2009, a
national 24-hour hotline had been set up so that all victims could receive information and
legal or psychological support. Currently, there were three shelters and five crisis centres,
managed on a partnership basis by municipalities, non-governmental organizations and
Government agencies, and they were doing excellent work.
77.
Concerning the implementation of the decisions of the European Court of Human
Rights, Bulgaria responded that the Ministry of Justice was responsible for their application
and the harmonization of national legislation. For that purpose, a special mechanism had
been created within the Ministry for analysing and distributing the case law of the European
Court among the members of the judiciary and formulating proposals for legislative
amendments, if needed. In addition, there was nationwide training for judges of the courts
of first instance to inform them of the decisions and practice of the European Court of
Human Rights. The delegation also stated that there were increasing numbers of cases
before the courts of first instance quoting the European Convention on Human Rights.
78.
In relation to the decision of the European Court of Human Rights regarding the
case of OMO Ilinden PIRIN, it was reiterated that Bulgaria was in full compliance with that
judgement and that no obligation to automatically register any political entity arose fromthat
decision. Any registration of political entities had to be carried out in accordance with the
relevant national legislation. It was also stated that ethnic identification was a matter of
personal choice. The Bulgarian Constitution provided for equal rights for all Bulgarian
citizens, notwithstanding their religious or ethnic background.
79.
In concluding, the delegation of Bulgaria thanked all participants for the questions
asked and recommendations made, and stated that he would ask his team to look closely at
the recommendations that could be taken on board.
II.
Conclusions and/or recommendations
80.
The recommendations formulated during the interactive dialogue and listed
below will be examined by Bulgaria, which will provide responses in due course, but
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