Overall assessment

• Author: Genoveva Tisheva
• Pages: 81-81

81

12 Overall assessment

The following transposition problems were mentioned in this report:

1. There is not yet a specific body dealing with gender equality, including research,

monitoring, coordination on a regular basis; the Advisory Council on Gender Equality

has no regular functions, and even this format has been limited in the last two to

three years to a maximum of one in-presence meeting per year. The Commission for

Protection from Discrimination has little practice on gender equality ca ses. Women

do not receive the continuous guidance and protection they need to bring complaints

and during the process. Gender discrimination issues are not well known either by

the Commission or the courts.

2. Gender equality has been compromised by limited and conservative views,

unfortunately expressed also by the Constitutional Court in its ruling on the Istanbul

Convention. The Court was subject to political pressure and was also trapped into

the fake gende r ideology th eory with serious negative consequenc es for gend er

equality in Bulgaria.

3. Lack of knowledge and awareness, and no practice of positive action.

4. Lack of recognition of the practic e of sexual harassment, and more specifically of it

gendered nature and lack of sanctions for sexual harassment.

5. No real measures against GPG, no substantial practice on equal pay of m en and

women.

6. Need to achieve harmonisation of the standards on work- life balance both for men

and women, and for more part-time and flexible arrangements of work.

7. Need for compliance and balanced reform for both sexes in the field of social security,

both statutory and through private schemes, including insurance for self- employed

persons.

In the overall assessment, in addition to evaluations given in the different sections of the

report, it can be stated as follows: The re is a good and reliable legal b asis in Bulgaria for

developing further practice, policies, and mechanisms for protection from sex

discrimination and for achieving real, substantive gender equality, and in compliance with

the EU standard. However, gender equality policy and mechan isms should be d eveloped,

as they are still rather weak and impact on the implementation of legislation and on real

protection of rights. More clear definition of the role and competence of the courts vis-à-

vis that of the Equality body is needed in cases of discrimination; additional mecha nisms

for support and legal aid of victims of discrimination are also needed.

The judgment No. 13 from 2018 of the Constitutional Court had, and probably will have,

very negative results and impact on the development of the legislation and policy, not only

in relation to VAW and GBV, but also on all issues of gender equality in Bulgaria. If not

further analysed and reviewed as soon as possible, this decision going against EU

standards and all universal standards, will maintain and reproduce gender stereotyping

which is damaging for any gender equality issue in Bulgaria.