A/HRC/44/52/Add.1
Bulgaria, were obliged to transpose into domestic legislation by 16 November 2017. In
section 17 of the directive, gender-based violence is defined as “violence that is directed
against a person because of that person’s gender, gender identity or gender expression or
that affects persons of a particular gender disproportionately”. In section 9, it provides that
victims of crime must be treated “without discrimination of any kind based on any ground
such as ... gender, gender expression, gender identity, sexual orientation …”. In that
directive, the term “gender” was translated into Bulgarian as “sex”. Furthermore, article 4
of the Bulgarian Protection against Discrimination Act already prohibits discrimination on
numerous grounds including “sexual orientation” and article 2 (3) (5) of the Equality
between Men and Women Act confirms the principles of equal treatment of women and
men, non-discrimination, the elimination of discrimination and gender-based violence and
overcoming stereotypes, based on gender. Finally, in its very recent opinion on the
compatibility of the Constitution of Armenia with the Istanbul Convention, the European
Commission for Democracy through Law (Venice Commission) has emphasized that
although the Convention provides a definition of gender, which is not intended in any event
to replace the biological definition of sex, it does not require States parties to introduce this
definition into their legal order. 3 The definition rather serves States parties as a tool to
interpret, better understand and therefore apply the provisions of the Convention.
12.
The Special Rapporteur would like to point out that the Istanbul Convention is a
living human rights instrument and one of the most detailed treaties on the prevention of
violence against women and domestic violence. The analysis provided so far by the Council
of Europe Group of Experts on Action against Violence against Women and Domestic
Violence in its first baseline evaluation dispels all the allegations and false information
disseminated in Bulgaria and elsewhere by the “anti-gender campaign” on the implications
of its ratification. Thirty-four member States of the Council of Europe have ratified it and
the findings provided by the Group of Experts, the recommendations of the Committee of
the Parties and the opinion of the Venice Commission have not revealed “internal
contradictions” as identified by the Bulgarian Constitutional Court.
13.
For all the reasons mentioned above, the decision of the Constitutional Court should
be revisited in the light of the consistent mistranslation of the term “gender” and existing
obligations.
III. Incorporation of the international and regional frameworks
on violence against women
14.
Bulgaria is party to seven of the nine principal human rights treaties, including the
Convention on the Elimination of All Forms of Discrimination against Women, together
with the Optional Protocol thereto, which it ratified in 2006. The State is also a signatory of
the Rome Statute of the International Criminal Court and party to the Convention relating
to the Status of Refugees and the United Nations Convention against Transnational
Organized Crime.
15.
The visit of the Special Rapporteur preceded the examination of the eighth periodic
report of Bulgaria by the Committee on the Elimination of Discrimination against Women
in February 2020. She therefore hopes that the recommendations provided in her report that
are focused on gender-based violence against women will complement the Committee’s
recommendations and will be implemented jointly and in line with the country’s
commitments under the Convention on the Elimination of All Forms of Discrimination
against Women. In support of the previous findings of the Committee
(CEDAW/C/BGR/CO/4-7), the Special Rapporteur reiterates with concern that the
Convention and the general recommendations of the Committee have not received
sufficient visibility and have not been used as the legal basis for eliminating all forms of
discrimination and gender-based violence against women. In the view of the Special
3
See Venice Commission, “Armenia: Opinion on the constitutional implications of the ratification of
the Council of Europe Convention on preventing and combating violence against women and
domestic violence (Istanbul Convention)” (October 2019).
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