WUNRN
BULGARIA CASE RE: CEDAW OPTIONAL
PROTOCOL - CEDAW COMMITTEE PROCESS & DOCUMENTATION
Direct Link to Full 14-Page 2012
CEDAW Committee Case Document:
Case Summary - Optional Protocol -
By Simone Cusak
Failure
to provide effective protection against rape and sexual assault violated CEDAW
(V.P.P. 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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