Commission for Protection Against Discrimination LAW FOR PROTECTION

Commission for Protection Against Discrimination LAW FOR PROTECTION AGAINST DISCRIMINATION

EQUALITY Equality is a fundamental principle of human rights protection. Article 6 of the Constitution of the Republic of Bulgaria proclaims: "All human beings were born free and equal in dignity and rights. All citizens are equal before the law. There shall be no restriction of rights or privileges based on race, nationality, ethnicity, gender, national origin, religion, education, beliefs, political affiliation, personal or social status or wealth. " Discrimination is one of the most serious violations of human rights. discriminatio- of Latin difference, different. In 1918. William Thomas introduced the concept of "social attitudes" and described discrimination as one of them. “Based on experience views, expectations and behavior. " "If men define situations as real, then they are real in their consequences. " 2

Discrimination occurs when there is a formal or informal division of people in separate groups to a common ground, in which they are given or taken away rights, responsibilities and opportunities, according to the group to which they belong. 3

Concept of discrimination Аny less favorable treatment of a person or group of persons on the basis of certain signs than are treated, they were treated or would treat other person or group of persons in comparable circumstances (From Art. 4 para. 2 of Protection from Discrimination Act. - Direct discrimination) 4

TYPES OF DISCRIMINATION / Law on Protection from Discrimination / DIRECT DISCRIMINATION Article 4, paragraph 2: Any less favorable treatment of a person on the basis of gender, race, nationality, ethnicity, human genome, citizenship, origin, religion or faith, education, beliefs, political affiliation, personal or fellowships, solely status, disability, age, sexual orientation, marital status, property status or any other grounds established by law or international treaty to which Bulgaria is a party. INDIRECT DISCRIMINATION Article 4 paragraph 3: Inserting a person based on a sign at a disadvan- tage compared with other persons by an apparently neutral provision, criterion or practice.

HARASSMENT Any unwanted conduct on the grounds of which may be based discrimination (listed in Art. 4, para. 1 Pf. DA. , But not limited to) expressed physically, verbally or otherwise, which has the purpose or results in violating the dignity of the person and of creating a hostile, offensive or intimidating environment. 6

HARASSMENT Harassment on the grounds of Art. 4 para. 1 Sexual harassment, inciting discrimination, persecution and racial segregation, and the building's maintenance of an architectural environment impeding the access of persons with disabilities to public places they shall be deemed to be discrimination. 7

SEXUAL HARASSMENT Any unwanted conduct of a sexual nature expressed physically, verbally or otherwise, which affects dignity and honor and creates a hostile, offensive, humiliating or intimidating environment, or where the refusal to accept such conduct or the compulsion to it, can affect decision-taking of a person. 8

PERSECUTION v Less favorable treatment to a person who has undertaken or is supposed to have taken or will take action for protection against discrimination; v Less favorable treatment of a person as a related person has undertaken or is supposed to have taken or will take action for protection against discrimination; v Less favorable treatment of a person refused to discriminate. 9

SGNS ON WHICH DISCRIMINATION CAN BE BASED ü ü ü ü ü 10 sex; race; nationality; Ethnic origin; Human Genome; citizenship; origin; Religion or belief; education; beliefs; ü olitical affiliation; ü Personal or social status; ü disability; ü age; ü Sexual orientation; ü Marital status; ü Property status; ü Others.

Incentives Not constituted as discrimination different treatment of persons based on: citizenship; feature, substantial and defining a trade or profession; religion, faith and sex when determine the institution or organization or implementation of religious education or training; special protection of pregnant women and mothers; requirements for minimum or maximum age for recruitment work in certain cases measures and programs under the EPA; Special measures for the benefit of individuals and groups with a disability or disadvantaged, in order to equalize their possibilities; special protection children without parents, juveniles, single parents; measures for balanced participation of different ethnic groups and sex education and more. 13

SUBJECTS OF LAW v art 3. (1) This Act protects against discrimination all persons on the territory of Bulgaria. v (2) Associations of persons and legal entities are based on v the rights under this Act when they are discriminated on the basis of the minutes of the signs of art. 4 para. 1 in terms of their membership compounds or their employees. v Individuals / citizens; v Associations, organizations of citizens; v Legal entities (businesses) and public authorities 14

SCOPE OF SPECIAL PROTECTION OF THE LAW v Protection in the exercise of labor; v Protection in the exercise of the right to education and training; v Protection in the exercise of other rights: v - In the field of civil sector and the trade union movement; v - In the sphere of trade and services; v - In the activities of state and public bodies, local authorities and administration; v - Peculiarities in the defense of the armed forces, police and others. (Eg. : doctors, teachers, etc. ). 15

METHODS OF IMPLEMENTATION OF PROTECTION AGAINST DISCRIMINATION v. The Commission for Protection against Discrimination: v - Through an appeal; v- Through signal; v- By self-referral. v. Before the judge: v- By application in the court. 16

COURT PROCEEDINGS v Objectives of proceedings v - Establishing the infringement; v - Order that the defendant cease the infringement and v to restore the situation before him, and to v refrain from further violations; v - Damages; v Subjects of proceedings v - Suffer from discrimination individuals; v - Trade unions; v - Legal non-profit registered v for the public benefit. 17

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