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 OVERVIEW
OF GENDER EQUALITY ISSUES IN BULGARIA
Prepared by Association of Spread of Knowledge “Missal”
INTRODUCTION
Bulgaria is a signatory to the United Nation’s conventions on the rights of
women including: the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), ratified by Bulgaria in 1981; the
Convention on the Political Rights of Women, ratified by Bulgaria in 1955; the
Convention against Discrimination in Education, ratified 1962; the Equal
Remuneration Convention, ratified 1956. Bulgaria is firmly committed to the
principles and goals of the final documents, adopted at the UN World Conferences
on Women in: Mexico (1975), Copenhagen (1980), Nairobi (1985), Beijing (1995).
Equal rights and the principle of non-discrimination are enshrined in the
Bulgarian Constitution (1991). However, the Constitution does not explicitly
provide specific regulations on gender equality.
Articles 46 and 47 of the Chapter on Fundamental Rights and Freedoms define
family relations and parenthood based on equal rights and obligations.
The Family code (1985, amended 1992) defines the relationship in
marriage, relation and adoption, guardianship and trusteeship. The Family Code
is based on the principle of “… equality of men and women …” (Article 3).
The Labour code (1986, amended 2001) prohibits all forms of
discrimination, privileges, and limitations based on nationality, origin, gender
and race. The amendment to the Code in 2001 introduced the principle of equal
pay for women and men (Article 243). By the end of 2003 certain amendments to
the Labour Code introduced the definitions of indirect discrimination
(Supplementary Provisions, §1.7). Moreover, when advertising job vacancies
employers do not have the right to set requirements relating to gender and age.
State Insurance Code for the Obligatory Public Insurance (adopted 1999).
The state public insurance shall be implemented on the principles of obligatory
and comprehensive insurance and equality of the insured persons (Articles 3, 1
and 3).
The Bulgarian National Plan of Action in implementating the commitments
of the Republic of Bulgaria undertaken at the UN Fourth World Conference on
Women (Beijing, 1995) was approved by the National Council on Social and
Demographic Issues with the Council of Ministers on July 2, 1996. The document
is a combination of government initiatives and initiatives suggested by
non-governmental organizations. The results of the implementation of the Plan
are mainly achieved by the nongovernmental sector, which works consistently on
the main activities, outlined in the Beijing Platform and Plan for Action
(1995). The main goal of the measures is the achievement of real equality and
the development of women in all spheres of social life on the basis of
sustainable social and economic development and the reaffirmation of democratic
civil society. The need for institutional mechanisms to ensure equal
opportunities for women and men is stated in the Plan as well as the necessary
steps that should be taken in amending the legal system. The Plan identifies the
responsible institutions and organizations and the necessary resources required
for implementation.
The National Action Plans on Employment (2002, April 2003, February
2004), developed by the Ministry and adopted by the Council of Ministers,
include a section on the promotion of equal opportunities for women and men. In
this respect, the National Action Plan for Employment for the last three years
expresses the state policy, which introduces several consistent and special
measures for encouraging the participation of women in the labour market, the
reconciliation of work and family life etc. SUGGESTION (Perhaps we should add
that this is replicated in each EU country and is linked to the priorities
contained within the European Action Plan for Employment).
A new National Plan on Gender Equality should be developed in 2004
in alignment with the commitments of Bulgaria on Chapter 13 “Social Policy and
Employment” for EU Accession process.
The Law on Protection against Discrimination (in force since
January 2004), which governs the protection against all forms of discrimination
including gender, aims to transpose a number of EU equality directives.
Comprehensive anti-discrimination law supervises the implementation of the
equality principle in labour relations, education and training as well as the
protection of consumers’ rights. It introduces a system of sanctions and
envisages the establishment of a Commission for protection against
discrimination as an independent body, which shall report to the National
Assembly. The Commission shall consist of 9 persons, at least four of whom
lawyers. The National Assembly shall elect 5 Commission members, including the
Commission’s chairperson and vice-chairperson, and the President of the Republic
shall appoint 4 Commission members. This Commission will appoint permanent
panels, dealing (amongst others things) with ethnic and racial discrimination
and gender equality.
Some of the activities of the Commission for protection against discrimination
will include establishing breaches and imposing sanctions in accordance with the
Law; making proposals to the executive authorities and local self-government
institutions on laws contradicting the Law; appealing against administrative
acts contravening this or other laws governing equal treatment; providing
information to persons about their rights and obligations laid down by this Law
and, at their request, providing funding for their protection, etc.
Bulgaria has not adopted specific gender equality legislation. The Bill on
Equal Opportunities for Women and Men was prepared in 2001 by the Ministry
of Labour and Social Policy. However, the National Assembly has twice rejected
it, both in 2002 and 2003. The Law would have provided guarantees against
discrimination in the fields of employment, political participation, education,
and gender stereotypes (including affirmative measures for women’s participation
in decision making). As a result of the rejection of the draft law the
institution of the Ombudsman on Equal Opportunities has not been established
either.
GENDER EQUALITY MACHINERY
The gender equality structure (limited to the institutions, which specifically
deal with gender issues) is provided in Picture 2.
A formal structure for gender equality issues has not yet been established in
Bulgaria. The Commission for Protection against Discrimination however should be
set up by the end of 2004.
In the National Assembly there is still no specialised body working on
gender equality. The Human Rights and Religious Affairs Committee
considers bills on human rights and religions, submitted by members of the
Parliament or the Council of Ministers. It also considers bills on
antidiscrimination, gender equality, rights of children, rights of convicts,
rights of refugees and religious freedoms. The Committee organizes roundtable
and other discussions on these issues together with international institutions
and non-governmental organizations.
The Ministry of Labour and Social Policy is responsible for gender
issues at governmental level. Since March 2004 a specialized Sector on Gender
Equality within the Policy of Labour Market Directorate has been
functioning. The newly established Sector is responsible for the development of
the new National Plan on Gender Equality as well as on gender equality
indicators.
In February 2003, a Consultative Commission on Equal Opportunities was
set up within the Ministry of Labour and Social Policy. The Commission consists
of representatives of the state authorities responsible for the implementation
of gender equality policy, social partners and NGOs. It is chaired by the
Minister of Labour and Social Policy. The Deputy chair is a representative of
the nongovernmental organizations working on women’s issues. Its aim is to
improve the coordination of the process of gender and social equalization in
Bulgaria and to reinforce the administrative capacity of state institutions and
organisations responsible for the policy of equality.
The National Statistical Institute (NSI) compiles statistics on different
issues divided by gender, nevertheless a lack of gender-disaggregated data still
exists. Since 1998 a special publication of the NSI “Employment and
Unemployment“ has been published, where a number of indices are disaggregated by
gender, e.g levels of employment, education, employment by sector and types of
activity.
NSI also provides some demographic indicators segregated by gender. The most
recent data from the last Census in 2001 includes information on population,
birth rate, life expectancy, deaths, and migration flows, etc. In 2002 the NSI
published its most detailed evaluation so far, on equality in social
opportunities and positions between women and men– Women and Men in the Republic
of Bulgaria, which is based on the main statistical data both in the field of
demographic and social development, and in the fields of employment and
unemployment.
Social partners and non-governmental organisations. The work of the
non-governmental sector in the field of equal opportunities for women and men
during the last decade is remarkable. Many organizations (like Women’s Alliance
for Development, Gender Project for Bulgaria Foundation, Center Nadja
Foundation, Bulgarian Gender Research Foundation, Animus Association Foundation
etc.) contributed significantly to the adoption of the legislative acts and
determining the legal framework guaranteeing gender equality. There exist more
than 100 organizations working actively in the four critical areas of concern –
violence against women, trafficking in human beings (including trafficking for
sexual exploitation), participation of women in decision-making and in political
life as well as encouraging women’s entrepreneurship.
These organizations were supported in their activities mainly by a number of
international donor organizations, thanks to which these initiatives became
possible. The Open Society Foundation (OSF), the Global Fund for Women, Mama
Cash, Stability Pact Force, the Netherlands’s Foundation and PHARE are only some
of the names traditionally connected with gender issues in Bulgaria. There is
still a lack of the governmental funding for the activities of women’s NGOs.
Women’s non-governmental organizations continue to grow and take a particular
theme for their work place in the third sector. They have also established
permanent relationships with representatives of the legislative, the executive
and the local governments, as well as with the media. The pressure exerted by
non-governmental organizations, working on gender equality issues is one of the
factors influencing state policy ensuring and guaranteeing a higher status for
women in the social, economic and political life of the country. One of the most
influential factors in the consolidation of the sector and putting issues on the
agenda is the Annual Meeting of non-governmental organizations addressing
women’s issues in Bulgaria. This is traditionally organized by the Women’s
Programme of the OSF, and since 2004 – by its successor, the Center of Women’s
Studies and Policies Foundation.
CHALLENGES TO GENDER EQUALITY
The development of policies and mechanisms for gender equality is a
requirement for the accession of Bulgaria to EU. Such policies are included in
the First National Report on the Implementation of the Millennium Development
Goals as well as in the measures provided by the government for the
implementation of its commitments under Chapter 13 of the negotiations for the
accession of our country to the EU. These can be based on:
- Stimulating political and social sensitivity to gender equality
issues.
- Establishing executive bodies, responsible for gender equality.
- Studying indicators for the equal treatment of women and men,
providing necessary information for developing and implementating
relevant gender equality policies.
Picture 2. Gender equality machinery of Bulgaria
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