The "Radiokafe" programme, hosted by A. Toroshanova, dedicated to ISL in the fight against domestic violence

Radio Café visited the Institute for the State and the Law at the Bulgarian Academy of Sciences. On the occasion of 25 November and the ISL scientific and applied conference marking the International Day for the Elimination of Violence against Women, we discuss the reform of protection against domestic violence, case law, and the common problems in the fight against domestic violence in Europe. And also: what requirements does the European Court of Human Rights place on the Bulgarian state with a view to guaranteeing human rights? Are Bulgarian courts familiar with international human rights standards?
The participants were:

Irena Ilieva, PhD, Director of the Institute for the State and the Law, member of the European Commission against Racism and Intolerance of the Council of Europe, Chair of the Budget Committee of the EU Agency for Fundamental Rights:

"I am pleased with the conference: it was an interdisciplinary dialogue, with many proposals, many economic aspects and psychological studies. The problem was examined from different perspectives.

The common problems in Europe are many, but first of all there is rape. Many states still require victims to prove it. As of 2014, one in every 20 women had been a victim. Another problem is domestic violence. Since 2019 there has been an increase in femicide: in Bulgaria more than 20 women are killed every year. In 2022 every second young woman was subjected to cyberviolence. It is difficult to combat, it affects active women, and it is a serious assault on democracy. And lastly, women with disabilities.

The Institute proposed a wider circle of persons who may seek protection from domestic violence. Prevention is a major gap: there are no sustainable programmes or campaigns. It seems as though our society has not moved beyond patriarchy, which is unacceptable for an EU Member State in the 21st century. The protection measures are woefully insufficient, as is psychological assistance. These are unrooted remnants of a patriarchal environment, as well as consequences of the lockdown during the pandemic.

It is hard for a victim to expose their private sphere, and there are also cases not covered by the law, such as LGBTI+ persons. Victims must know and seek their rights. Much work is needed, as well as campaigns that are supported by the state."

Chief Assist. Prof. Petar Toporov, Advocate:

"The project is tied to research that is to be presented to fellow scholars. I presented the international standards and the response of the Bulgarian legislator. The study will be freely accessible on the ISL website, so that even people without a legal education can read it. Every act of domestic violence has the potential to affect fundamental human rights: the right to life, the right to a private sphere, the prohibition of discrimination, and we cannot list them all. The offence itself must have a certain degree of gravity.

The ECtHR does not provide ready-made solutions but formulates principles. These include obligations of active conduct on the part of the state, such as creating a legal framework. This concerns every state authority. The state also has an obligation not to infringe these rights. This year the domestic violence law was finally reformed and a legal framework was created, but several problems remain: equality of treatment on the part of the legislator is not guaranteed. There are delays, no risk assessment, and insufficient capacity in state bodies.

The reform succeeded in implementing a large part of the ECtHR standards. As a society, however, we failed to ensure equal protection for same-sex couples. Every person deserves equal protection. Very often domestic violence takes place behind closed doors, and it is not always physical. The special law introduces measures to prevent future offences. Excessive demands on the victim for details limit access to protection."

Adv. Elka Porominska:

"The aim of the amendments to the Domestic Violence Protection Act (DVPA) was to widen the circle of persons affected by domestic violence. There are 8 amendments, of which 2 are the most substantial. Our legal framework cannot be considered apart from that of the EU. Unfortunately, the Istanbul Convention was declared unconstitutional by the Constitutional Court. We are following behind events. Time is needed to constitute the bodies, to build an information system, and to amend the rules for the implementation of the law, and a coordination mechanism for action must be in place.

One of the most important amendments to the DVPA is the extension of the time limit for filing a petition with the court from one month to three months, and in exceptional cases up to six. It is well known that the one-month limit was too short. The time limits for scheduling the case are up to 1 month, after which the court must rule as quickly as possible. The decision may be appealed within one week before the relevant regional court/Sofia City Court, whose decision is not subject to appeal.

But a case can last up to 2-3 years. Protection must be swift and effective. A restraining order for immediate protection must be issued quickly (within 24 hours). Victims should always turn to a lawyer, and should not endure it or bury their heads in the sand. This is especially so where children are concerned."

Assoc. Prof. Eva Kaseva:

"The statistics are frightening, and there are no official ones, which is the frightening part. 20 women killed and over 350 victims since the beginning of the year. Domestic aggression against women has been declared a shadow pandemic. For 2019-20, according to UNESCO statistics, 40% of children have experienced violence at school and 30% at home.

In Bulgaria we are attempting to create a comprehensive framework with transposed EU directives, the DVPA and the ZZD. The law also concerns children who have witnessed domestic violence. In case law, cohabitation and an intimate relationship have been defined. Duration is disputed in the public space: if 60 days have not passed, is it not violence?

EU directives regulate the rights of victims of domestic violence. We also have a law on the European Protection Order, which has been transposed. There are also directives on the sexual abuse of children and on human trafficking, which have been transposed by law. Computer crimes are also being addressed, namely cyberstalking and cybercrime, and at present there are proposals for comprehensive regulation in the EU. There is case law of the Court of Justice of the EU on the recognition of same-sex marriage within the EU."

Source: Lyudmil Fotev, Bulgarian National Radio,

https://bnr.bg/sofia/post/101913024/mejdunaroden-den-za-eliminirane-nasilieto-sreshtu-jeni