A/HRC/44/52/Add.1
segregated in maternity wards in certain maternity hospitals and were often victims of
verbal and physical abuse by the medical staff.
Lesbian, bisexual, transgender and intersex women
62.
Lesbian, bisexual, transgender and intersex women face multiple and intersecting
forms of discrimination. The social and legal obstacles faced by such women have been
exacerbated by the campaign against the ratification of the Istanbul Convention, which
triggered a toxic debate on the use of the term gender, interpreted as a dangerous
ideological concept seeking to eliminate the differences between men and women. The
Special Rapporteur regrets that same-sex couples cannot enter into any form of legally
recognized union and that marriages concluded abroad are not registered in Bulgaria,
although civil registration of marriages contracted abroad is allowed. 31 The non-registration
of same-sex marriages has dire consequences for the lives of lesbian, bisexual, transgender
and intersex women and results in the deprivation of inheritance rights, tax benefits,
matrimonial shared property and options for child adoption.
Issues related to child custody
63.
The Special Rapporteur is particularly concerned about the information received on
gender bias against women in custody decisions and the lack of attention paid by courts to
patterns of abuse by fathers. According to the information received, this concept is often
used by abusive fathers against mothers as a means of retaliation for having reported the
violence or left the household. The Special Rapporteur emphasizes that ignoring intimate
partner violence against women in the determination of child custody can result in serious
risks to the children and must thus be considered to ensure their effective protection.32
VII. Conclusions and recommendations
64.
Based on the findings above and in a spirit of cooperation and dialogue, the
Special Rapporteur offers the following recommendations on a number of different
issues.
65.
On incorporating the international and regional frameworks on violence
against women into Bulgarian legislation, the Government should:
(a)
Ratify the Council of Europe Convention on Preventing and Combating
Violence against Women and Domestic Violence (the Istanbul Convention);
(b)
Counter the misinterpretation of the term “gender”, translate, interpret,
explain and promote the terms “gender” and “gender-based violence against women”,
as contained in the Istanbul Convention, in line with their translations in European
Union instruments applicable to Bulgaria, European Union directive 2012/29/EU on
victims’ rights and general recommendations No. 24 (1999) on women and health, No.
28 and No. 35 of the Committee on the Elimination of Discrimination against Women;
(c)
Seek the opinion of the Venice Commission on the constitutional
implications of the ratification by Bulgaria of the Istanbul Convention in its revised
translation;
(d)
Submit the improved translation of the Istanbul Convention to the
Constitutional Court and request it to assess the possible influence of that translation
and its interpretation in the light of relevant European Union directives and the
recommendations of the Committee on the Elimination of Discrimination against
31
32
16
Marriages concluded under the laws of a foreign State between same-sex persons can be recognized
(arts. 75, 76 and 77 of the Bulgarian Private International Law Code).
See statement by the Platform of United Nations and independent expert mechanisms on
discrimination and violence against women (led by the Special Rapporteur), available from
www.ohchr.org/Documents/Issues/Women/SR/StatementVAW_Custody.pdf.
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