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BULGARIA CASE RE: CEDAW OPTIONAL PROTOCOL - CEDAW COMMITTEE PROCESS & DOCUMENTATION

 

Direct Link to Full 14-Page 2012 CEDAW Committee Case Document:

http://www2.ohchr.org/english/bodies/cedaw/docs/CEDAW-C-53-D-31-2011_en.pdf

 

Case Summary - Optional Protocol - By Simone Cusak

Failure to provide effective protection against rape and sexual assault violated CEDAW (V.P.P. v. Bulgaria)

http://opcedaw.wordpress.com/2013/04/21/vpp-v-bulgaria/

10. Acting under article 7, paragraph 3, of the Optional Protocol to the Convention, and in the light of all the above considerations, the Committee is of the view that the State party has failed to fulfil its obligations and has thereby violated the rights of the author’s daughter under articles 2, paragraphs (a), (b), (c), (e), (f) and (g); read together with articles 1, 3 and 5, paragraphs (a) and (b); article 12 and article 15, paragraph (1); of the Convention and makes the following recommendations to the State party:

(1) Concerning the author of the communication, acting on behalf of her daughter:

To provide reparation, including appropriate monetary compensation, commensurate with the gravity of the violations of the rights of the author’s daughter.

(2) General:

(a) To repeal article 158 of the Criminal Code, and to ensure that all acts of sexual violence against women and girls, especially rape, are defined in line with international standards and effectively investigated and that perpetrators are prosecuted and sentenced commensurately with the gravity of their crimes.

(b) To amend the 2006 Legal Aid Act to provide legal aid for the execution of judgements awarding compensation to victims of sexual violence.

(c) To provide an adequate mechanism for provision of compensation for moral damages to victims of gender-based violence, including through amending the Law on support and financial compensation to crime victims.

(d) To amend the criminal legislation to ensure effective protection from re-victimization of the victims of sexual violence after the perpetrators are released from custody, including through the possibility of obtaining protection and/or restriction orders against perpetrators.

(e) To ensure the enactment and application of policies, including health-care protocols and hospital procedures to address sexual violence against women and girls.

11. In accordance with article 7, paragraph 4, of the Optional Protocol the State party shall give due consideration to the views of the Committee, together with its recommendations, and shall submit to the Committee, within six months, a written response, including any information on any action taken in the light of the views and recommendations of the Committee. The State party is also requested to publish the Committee’s views and recommendations and to have them widely distributed in order to reach all relevant sectors of society.

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