Draft!

 

 

bill on PREVENTION against DISCRIMINATION

 

Chapter one

 

GENERAL PROVISIONS

 

            Art. 1. This law regulates public relations concerning prevention of discrimination and the mechanisms of protection and control in cases of discrimination.

 

Article 2. The purpose of this law is to secure for every person the right to:

 

1.      efficient protection against discrimination;

2.      equality of treatment;

3.      equality before the law;

4.      equal opportunities for participation in the public life of the Republic of Bulgaria.

 

Article 3. (1) Any direct or indirect discrimination on grounds of gender, race, skin colour, ethnicity, citizenship, political or other creed, religion or belief, disability, age, sexual orientation, marital status or origin shall be forbidden.

 

(2) Harassment based on the markers referred to in paragraph 1, sexual harassment, instigation of discrimination, persecution and racial segregation shall be deemed discrimination.

 

(3) The building and maintenance of an architectural environment hampering the access of people with disabilities to public places shall be deemed discrimination.

 

Article 4. Direct discrimination shall be a less favourable treatment of a person, on the basis of the markers, referred to in article 3, paragraph 1, than another person is treated, has been treated or would be treated under comparable circumstances.

 

Article 5. Indirect discrimination shall be putting a person, on the basis of the markers referred to in article 3, paragraph 1 in a less favourable position in comparison with other persons by means of an apparently neutral provision, criterion or practice, unless the said provision, criterion or practice have objective justification in view of a legitimate aim, not connected with the markers referred to in article 3, paragraph 1 and the means for achieving this purpose are appropriate and do not exceed what is necessary for its achievement.

 

Article 6. Harassment shall be any unwanted conduct based on the markers, referred to in article 3, paragraph 1, expressed in a physical, verbal or any other manner, which has the purpose or effect of violating the person’s dignity or creating a hostile, degrading, humiliating or intimidating environment, attitude or practice.

 
Article 7. Sexual harassment shall be any unwanted conduct of sexual character expressed physically, verbally or in any other manner, which violates the dignity or honour or creates hostile, degrading, humiliating or intimidating environment, attitude or practice and, in particular when the refusal to accept such conduct or the compulsion thereto could influence the taking of decisions, affecting the person.

 

Article. 8 (1) Persecution shall be a less favourable treatment of a person, who has undertaken or is supposed to have undertaken, or will undertake an action in defence against discrimination. 

 

(2) The actions referred to in paragraph 1 can include making a complaint or a signal, laying a suit, or testifying in a lawsuit for protection against discrimination.

 

(3) Persecution shall also be a less favourable treatment of a person when a related person has undertaken or is supposed to have undertaken, or will undertake the actions referred to in paragraph 1.

 

(4) Persecution shall also be a less favourable treatment of a person who has refused to discriminate in the conditions of Art. 9.

 

Article. 9. Instigation to discrimination shall be direct and purposeful encouragement, instruction, exertion of pressure or prevailing upon someone to discriminate when the instigator is in a position to influence the instigated.

 

Article. 10. Racial segregation shall be the issuing of an act, the performing of an action or omission, which leads to compulsory separation, differentiation or dissociation of persons based on their race, ethnicity or skin colour. 

 

Article. 11.  (1) It shall not be deemed to be discrimination:

 

1.      the different treatment of persons on the basis of their citizenship or of persons without citizenship when it is provided for in a law,

 

2.      the different treatment of persons on the basis of a characteristic related to a marker referred to in Art. 3, paragraph 1, when the said characteristics, by reason of the nature of the particular occupation or activity, or of the conditions in which it is carried out, constitutes a genuine and determining professional requirement, the objective is legitimate and the requirement does not exceed what is necessary for its achievement;

 

3.      the different treatment of persons on the basis of religion, faith or gender related to an occupation, carried out in religious institutions or organizations when, by reason of the nature of the occupation or of the conditions in which it is carried out the religion, faith or gender constitutes a genuine and determining professional requirement in view of the character of the institution or organization, when objective is legitimate and the requirement does not exceed what is necessary for its achievement;

 

4.      the different treatment of persons on the basis of religion, faith or gender in religious education or training, including training or education for the purpose of carrying out an occupation referred to in (3) above;

 

5.      the different treatment of persons with disabilities in conducting training or acquiring education to the effect of satisfying specific educational needs that would provide them equal opportunities; 

 

 

6.      setting requirements for minimum age, professional experience or length of service in recruitment procedures or in granting certain job-related privileges;

 

7.      setting requirements for maximum age in recruitment procedures, connected with the need for training in order to occupy the respective position or with the need for a reasonable time of service before the person’s retirement;

 

8.      setting requirements for minimum and maximum age for access to education when it is an objective necessity by reason of the nature of the training or education, or of the conditions in which it is conducted;

 

9.      the age requirements and the requirements for length of labour or official service, set by the law for the purposes of pension security;

 

10.  the measures protecting the originality of persons, belonging to ethnic, religious or language minorities, and their right of sustaining and developing, individually or jointly with the rest of the group members their culture, of professing and practicing their religion, or of using their own language;

 

11.  the special protection of pregnant women and mothers, laid down by law, unless the pregnant woman or the mother wishes not to use this protection and has so informed the employer in a written form;

 

12.  the special protection of children without parents, under-age persons, single parents and persons with disabilities, laid down by law;

 

 

13.  The measures within the meaning of the Encouragement of Employment Act shall not be deemed to be discrimination, namely the special conditions for emergence, alteration or cancellation or of the content of a labour or official relationship, which pursues the encouragement of the professional integration or of protection of persons with reference to their age or marital status.

 

(2) The list of activities where gender is a genuine and determining professional requirement according to art. 11, paragraph 1(2) shall be established with an ordinance of the minister of labour and social policy, endorsed by the minister of defence and the minister of the interior. This list shall be duly agreed with the occurring changes in the labour conditions and be revised at least once every three years. 

 

(3) The special measures in favour of persons or groups of persons in deprived position on the basis of the markers refereed to in art. 3, paragraph 1 for the purpose of providing equal opportunities for them, so far and as long as those measures are necessary, shall not be deemed as discriminatory.

 

(4) The measures in the fields of training and education for proportional participation of women and men, so far and al long as those measures are necessary, shall not be deemed as discriminatory.

 

(5) The measures in the fields of training and education for providing participation of persons, belonging to an ethnic minority, so far and as long as those measures are necessary, shall not be deemed as discriminatory. 

 

Article 12. (1) This law protects from discrimination all natural persons, their associations or groups of persons on the territory of the Republic of Bulgaria.

 

(2) The legal entities shall benefit from the rights laid down in this law in cases when they are treated less favourably than another person in comparable circumstances is or has been treated by reason of the presence of the markers referred to in Art. 3, paragraph 1 in their members or in their workers or staff.

 

(3) Protection from discrimination should extend even after the relationship in which the discrimination is said to have occurred has ended.

 

Article 13. (1) Discrimination in the enjoyment, exercise and protection of the rights and freedoms, laid down in the Constitution of the Republic of Bulgaria shall be forbidden.

 

(2) The forbidden discrimination shall apply to all.

 

Article 14. In a lawsuit for protection against discrimination, after the party contending to be a victim of discrimination establishes facts, sustaining the assumption of occurred discrimination, the defendant party must prove that the right of equal treatment has not been infringed.

 

Article 15. Persons who have assisted acts of discrimination shall bear responsibility under this law.

 

Article 16. When exercising their powers, the state bodies and local self-governance bodies shall take all possible and necessary measures to achieve the objectives of this law. 

 

Article 17. (1) The bodies of state power, the public bodies and the local self-governance bodies shall take measures in the meaning of art. 11, paragraphs 3 and 4 when that is needed to achieve the objectives of this law.  

 

(2) The bodies of state power, the public bodies and the local self-governance bodies shall take priority measures in the meaning of art. 11, paragraphs 3 and 4 to make equal the opportunities of persons, victims of multiple discrimination.

 

 

 

 

 

 

 

 

 

Chapter two

PROTECTION AGAINST DISCRIMINATION

Section І

Protection in exercising the right of labour

 

 

Article 18. Discrimination shall be forbidden in:

1.      access to self-employment, the practicing of a free profession and commercial activity;

 

2.      access to vocational training for occupation or part of an occupation;

 

3.      determining the conditions of the labour or official relationship, imposing disciplinary sanctions and unilateral discontinuance of labour or official relationships; 

 

4.      intermediary vocational guidance and consultation for the purposes of information and recruitment;

 

5.      issuing of licenses and permits for performing an activity or practicing a profession and for acceptance to a professional organisation.

 

Article 19. The employer cannot change or discontinue the labour relationship with a worker or an employee because the worker or the employee has undertaken, or is supposed to have undertaken, or will undertake actions in defence against discrimination.

Article 20. (1) When a vacancy is announced, the employer has no right to impose requirements related to the markers referred to in art. 3, paragraph 1, except in the cases set in art. 11.

(2) Before the signing of a labour contract the employer shall not have the right to demand from the candidate information concerning the markers referred to in art. 3, paragraph 1 except in the cases set in art. 11, or when that serves the needs of an investigation preceding the issuing of a permit for work with classified information, subject to the arrangements of the Protection of Classified Information Act.

(3) The employer has no right to refuse to employ a candidate on grounds of pregnancy, maternity or childbearing.

(4) The employer has no right to refuse to employ, or to employ under less favourable conditions, a persons by reasons of the markers, referred to in art. 3, paragraph 1, except in the cases set in art. 11.

 

Article 21. (1) The employer shall ensure equal working conditions without reference to the markers referred to in art. 3, paragraph 1. 

 

(2) Unless it shall not impose an inproportionate burden on the employer in organising and carrying out the production, and when ways exist to compensate the objectively possible unfavourable consequences for the general production result, the employer shall provide working conditions, in view of the working time and the days off, complying with the requirements of the religion or belief, professed by a worker or employee.  

 

Article 22. (1) The employer shall secure equal remuneration for equal and equivalent labour.

 

(2) Paragraph 1 shall apply for all remuneration, paid directly or indirectly, in cash or in-kind.

 

(3) The performance assessment criteria in determining the labour remunerations shall be equal for all workers and employees and shall be determined by collective employment agreements or by the administrative arrangements regarding the salaries with no reference to the markers set in art. 3, paragraph 1. 

 

            Article 23. (1) The employer is obliged not to discriminate the workers and employees in providing opportunities for vocational training, advanced vocational training and retraining.

 

            (2) The employer shall create conditions for sustaining and increasing the professional qualification of a worker or employee who is on a childbearing leave. 

 

Article 24. The employer shall provide equal opportunities to the workers and employees, without reference to the markers referred to in art. 3, paragraph 1, for professional development and promotion in position or rank by applying equal criteria and indicators in the assessment of their performance.

 

Article 25. (1) The employer is obliged to adapt the workplace to the needs of persons with disabilities when employed or, if the disability occurs after the employment, unless it shall not impose an inproportionate burden on the employer.

 

(2) When the workplace cannot be adapted to the needs of an employee in compliance with the requirements of the preceding paragraph, the employer shall readjust the employee in accordance with the arrangements of the Labour Code.

 

Article 26. An employer who has received a complaint from a worker or employee, believing to be a victim of harassment, including sexual harassment on the job, is obliged to immediately carry out an investigation, take measures to stop the harassment and impose disciplinary sanction if the harassment was the deed of another worker or employee.

 

Article 27. The employer, in cooperation with the syndicates, is obliged to take efficient measures to avert any form of discrimination at the place of work.

 

Article 28. In case of failure to fulfil the obligation laid down in art. 27, the employer shall bear responsibility under this law for acts of discrimination done by a worker or an employee at the place of work.

 

Article 29. The employer shall apply equal criteria to disciplinary sanctions without reference to the markers referred to in art.3, paragraph 1.

 

Article 30. The employer shall apply equal criteria in exercise of his right to unilateral discontinuation of the employment contract as set in art. 328, paragraph 1, (2-5), (10) and (11) and art. 329 of the Labour Code, or of an official relationship under art. 106, paragraph 1, (2), (3) and (5) of the Civil Servant Act without reference to the markers referred to in art. 3, paragraph 1.

 

Article 31. The employer shall display, on a place in the enterprise accessible for the workers and employees, the text of this law, as well as all administrative regulations and the clauses of the collective labour agreement, related to protection against discrimination. 

 

Article 32. (1) When requested, the employer shall give information to a person claiming violation of his/her rights under this section. 

 

(2) The information referred to in paragraph 1 should contain the justification of the decision taken by the employer, as well as other relevant data.

 

Article 33. (1) The employer is obliged, when needed to achieve the objectives of this law, to encourage persons belonging to the less represented gender or ethnic groups, to apply for a certain job or position.

 

(2) The employer is obliged, in otherwise equal terms, to encourage the vocational development and participation of workers and employees, belonging to a certain gender or ethnic group when the latter is less represented among the workers and employees doing a given job or occupying a given position.

 

Article 34. The territorial divisions of the Employment Agency are obliged to secure equal opportunities to the unemployed persons for use and exercise of their rights, guaranteed by the law without reference to the markers referred to in art. 3, paragraph 1.

 

Article 35. The persons have the right to equal access to profession or occupation, the possibility to practice them and develop in them without reference to the markers referred to in art. 3, paragraph 1.

 

      Article 36. The provisions of this section shall also apply to discrimination based on gender in the regular military service of the armed forces, with the exception of activities where gender is a determining factor.

 

Article 37. The provisions of this section shall apply respectively to official legal relationships.

 

 

 

 

Section II

 

Protection in exercising the right to education and training

 

 

Article 38. The training institutions are obliged not to discriminate the persons in:

 

  1. access to education or training, including the terms and regulations of admission and the tuition fees;
  2. the terms and regulations of acquiring education or training, including the evaluation of knowledge;
  3. enjoying the rights and executing the obligations, deriving from the education or training, including the right to scholarships, aids, hostel and canteen meals;
  4. the terms and regulations of completing a class, stage or level of education, or vocational training;
  5. the terms and regulations of acquiring professional qualification, requalification and advanced professional qualification, including the acquisition of the educative-qualification levels “specialist in..”, “bachelor”, “master” and educative and scientific level “doctor”;
  6. the access to extra-school activities, organised recreation and tourism, and during the time of their occurrence. 

 

Article 39. The training institutions shall take reasonable measures to compensate the disabilities of persons and provide for efficient exercise of their rights covered by art. 38, unless it shall not impose an inproportionate burden on the institution.

 

Article 40. The head of the training institution who has received a complaint from a trainee, believing to be a victim of harassment by an administrative servant, lecturer or another trainee, is obliged to immediately carry out an investigation, take measures to stop the harassment, as well to impose a disciplinary sanction.

 

Article 41. (1) The head of the training institution shall take effective measures to prevent any form of discrimination on the place of training by a lecturer, administrative servant or a trainee.

 

(2) The ministry of Education and Science and the local self-government bodies shall take the necessary measures not to allow or to stop any racial segregation in the training institutions.

 

Article 42. In case of failure to fulfil the obligation set in art. 41, paragraph 1 the head of the training institution shall bear responsibility for discrimination at the place of training by an administrative servant, lecturer or trainee in the meaning of this law.

 

Article 43. The head of the training institution shall display the provisions of this law, and all administrative regulations related to protection against discrimination on an accessible place.

 

Article 44. (1) When requested, the head of the training institution shall give information to a person claiming violation of his/her rights under this section. 

 

(2) The information referred to in paragraph 1 should contain the justification of the decision, taken by the head or a lecturer, as well as other relevant data.

 

Section III

 

Protection in exercising other rights

 

 

Article 45. The state power and local self-government bodies and the public bodies, as well as their administrations are obliged to respect and apply the principle of equality of treatment.

 

Article 46. Discrimination shall be forbidden in:

1.      possession of share in the capital of commercial companies;

2.      performing activities, financed with budget funds, as well performing activities for public benefit;

3.      providing access to and use of public space and premises, in particular through refusal to grant access or use, or under less favourable conditions;

4.      renting of movable and immovable property for commercial purposes, as well as renting state, municipal or departmental dwellings;

5.      use of social protection, including the social security and healthcare, as well as the provision and use of welfare benefits;

6.      supplying medical and prophylactic help, as well as admission and stay in hospitals and the supply of medical substances. 

 

Article 47. The ordering, production and dissemination in any form of advertisements and announcements, containing or instigating discrimination on grounds of the markers referred to in art. 3, paragraph 1, shall be forbidden.

           

Article 48. (1) Persons, providing training or education, as well as the compilers of textbooks and learning materials, are obliged to give information and apply methods of training and education in a way, directed at overcoming the stereotype of the roles of women and men in all spheres of the public and family life.

(2) The nurseries, schools and higher education institutions shall include in their curricula and plans training on the problems of the equality between women and men.

(3) Paragraph 1 shall apply also to overcoming the negative stereotypes towards racial, ethnic ad religious groups, as well as towards persons with disabilities.

 

Article 49. (1) The syndicates, the guild and other professional organisations and the employers’ organisations cannot pose requirements to subscription, membership or participation in their activity on grounds of the markers, referred to in art. 3, paragraph 1.

 

(2) The members of the organisations covered by paragraph 1 shall have equal opportunities for exercising and using the rights, deriving from the membership relationship, as well as of the rights deriving from its discontinuation.

 

Article 50. (1) Discrimination in provision of goods and services, including administrative services, as well as discrimination in the access to information related to the provision of goods and services shall be forbidden.

 

(2) The interdiction laid down in paragraph 1 shall also apply to cases of:

1. refusal to provide goods and services;

2. provision of goods and services under less favourable conditions;

3. provision of goods and services of lower quality.

 

Article 51. The state and public bodies and the bodies of local self-government shall encourage and facilitate the balanced participation of women and men, as well as the sufficiently representative participation of persons belonging to ethnic, religious or language minorities in the governance and the decision-making.

 

Article 52. (1) If the candidates for a position in the administration are equivalent in view of the requirements for occupying the position, the state and public bodies and the bodies of local self-government shall employ the candidate of the less represented gender until the achievement of a 40% representation in the respective administrative units.

 

(2) Paragraph 1 shall apply also in the selection of participants or board members, expert working groups, governing, counsellor or other bodies, unless those participants are selected my means of a vote.

 

Article 53 Discrimination in the recruitment for military service on grounds of race, colour of the skin, ethnicity, religion or belief, or sexual orientation shall be forbidden.

 

Chapter three

 

COMMISSION FOR PROTECTION AGAINST DISCRIMINATION

 

            Article 54. (1) The Commission for protection against discrimination, hereinafter called “The Commission”, shall be an independent specialised state body for prevention against discrimination, protection against discrimination and ensuring equal opportunities.

 

(2) The Commission shall exert control over the implementation and compliance with this law.

 

(3) The Commission is a legal entity on government supply, first-level authorising officer of budget estimates with headquarters in Sofia.

 

(4) The Commission reports to the National Assembly on its activities per annum by March 31 of the following year, including information on the activities of each of its sub-commissions.

 

Article 55. (1) The work of the Commission is based on the principles of legality, publicity and transparency.

 

            (2) In exercising its powers the Commission cooperates with non-for-profit legal entities.

 

            Article 56. (1) The Commission is a collegial body comprised of fifteen persons, of which at least three jurists. The National Assembly selects nine and the president of the republic six of the members of the Commission.

            (2) The Commission elects a chairperson and two vice-chairs from among its members with a simple majority.

 

(3) The tern of office of the members of the Commission is 4 years.

 

(4) In selecting or appointing Commission members the principles for proportionate participation of women and men and participation of persons belonging to ethnic minorities shall be respected.

 

            Article 57. (1) A member of the Commission can be only Bulgarian citizen having a legal capacity who has:

1.      completed higher education;

2.      high moral;

3.      knowledge and experience in the filed of human rights protection;

4.      not been convicted of aforethought offence, unless he/she was rehabilitated.

(2) Member of the Commission cannot:

1. be a sole-proprietor, manager, procurator or member of executive or controlling bodies of commercial companies or cooperations, assignee in bankruptcy or liquidator;

2.       occupy another paid position, except when he/she practices scientific or lecturer’s activities;

3.       be a political party member.

 

Article 58. The time, during which the person has worked as a member of the Commission, is acknowledged as time of service in the meaning of the Civil Servant Act.

 

            Article 59.  (1) The powers of a member of the Commission are discontinued pre-term:

1.      in the event of death or placement under full or limited judicial disability;

2.      at the member’s request;

3.   when the s/he has done an ascertained act of discrimination;

4.      in case of inability to fulfil his/her obligations for more than six months;

5.      in the event of entering into force of a verdict for aforethought offence of general nature;

6.      in case of invalidated justifications in the meaning of art. 57, paragraph 1 (2) and in case of incompatibility with the provisions of art. 57, paragraph 2.

 

            (2) In the instances laid down in paragraph 1 (1) the discontinuation of powers occurs parallel with the occurrence of the respective justification; in the instances laid down in paragraph 1 (2), (3), (4), (5) and (6) the Commission makes a motivated proposal for dismissal to the National Assembly or to the President of the Republic.

 

            (3) Within a month’s time of the discontinuation of powers in the meaning of paragraph 1 the National Assembly or the president of the Republic of Bulgaria select, or respectively appoint, in the arrangements of art. 56, paragraph 1 a new member of the Commission for the period until the expiry of the term of office of the dismissed member of the Commission.

 

            Article 60. (1) The chairperson of the Commission receives a basic monthly remuneration equal to three average monthly salaries of the employees in a labour or official relationship in the budget sphere in accordance with the data of the National Institute of Statistics. The basic monthly remuneration is recalculated quarterly with regard to the average monthly salary from the last month of the preceding quarter.

 

            (2) The vice-chairs of the Commission receive a basic monthly remuneration equal to 95%, and the members of the Commission 90% of the remuneration of the Commission’s chairperson.

 

Article 61. (1) The Commission adopts regulations for its structure and activity, published in the Official Gazette.

 

            (2) The Commission is assisted in its work by an administration.

 

            (3) The structure and functions of the administration, as well as the number of its staff, is laid down in the regulations referred to in paragraph 1.

                       

            Article 62. (1) The Commission for protection against discrimination:

1.      establishes infringements of this law and imposes the envisaged sanctions;

2.      ordains prevention, ceasing of the infringement and restoration of the initial situation by imposing measures of administrative compulsion and issues other mandatory prescriptions for compliance with this law;

3.      appeals the administrative acts, enacted in contravention of this law following the procedure of the Administrative Proceedings Act or the Law of the Supreme Administrative Court Act;

4.      proposes to the executive power and local self-government bodies to abrogate acts, issued in contravention of this law;

5.      provides explanation to persons about their rights and obligations laid down this law and the means for their protection at the persons’ request;

6.      gives statements on the conformity of normative acts drafts with the legislation for prevention of discrimination, as well as recommendations for adopting, abrogating, amending and supplementing normative acts;

7.      organises scientific research related to the problems of discrimination;

8.      publishes manuals of good practice on prevention against discrimination and encouragement of equality in certain spheres of implementation of this law;

9.      maintains a public register of the enacted decisions and mandatory prescriptions it has issued;

10.  promotes its activity and the principle of equality in the treatment of and opportunities for all by accounting for the specificities in the access to information of various groups of the population;

11.  organises education and training activities connected with the implementation and compliance with this law;

12.  systematically observes the status of the public relationships against the implementation of this law and periodically publishes reports, describing its observations;

13.  makes proposals and recommendations to the state power bodies, the public bodies and bodies of self-government for ceasing discriminative practices and for taking special measures in the meaning of art. 11, paragraphs 1, 3 and 4; 

14.  mediates the achieving of settlements between the parties in events of infringements of this law;

15.  carries out and coordinates the international cooperation of the Republic of Bulgaria in the field of protection against discrimination;

16.  publishes an information bulletin.

 

            (2) In performance of its activities the Commission:

 

            1. investigates the circumstances that have led to discrimination;

2. interacts with other state power bodies, public bodies and self-government bodies, as well as with non-for-profit legal entities or other persons in the exercise of its powers laid down in the preceding paragraph;

3. collects and processes data related to its competence.

 

            Article 63. (1) In performance of its activities the Commission forms from among its members subcommissions:

            1.  for ethnic and racial equality;

2.  for the equal opportunities of women and men;

3.       for prevention of discrimination on the basis of all the rest of the markers referred to in art. 3, paragraph 1.

 

(2) The chairperson of the Commission is, by right, chair of the subcommission for ethnic and racial equality. Chairs of the other two subcommissions will be the vice-chairs of the Commission.

 

            Article 64. (1) The chairman of the Commission:

            1.  represents the Commission;

            2.  organises and steers the work of the Commission;

            3.  calls and presides sessions of the Commission;

            4. signs, amends and discontinues the labour agreements and act as an appointing body for the civil servants in the administration;

            5.  manages the budget;

            6. informs the public of the Commission’s activities the through the mass media.

 

            (2) In exercising his/her functions the chairperson is assisted by the vice-chairs. He/she determine the vice-chair who will act as a replacement in his/her absence.

 

Article 65.  The chairs of subcommissions:

  1. organise and steer the work of the subcommissions;
  2. call sessions of the subcommissions and determine the participating members;
  3. inform the public of the activities of the subcommissions through the mass media.

 

 

Chapter four

 

PROCEEDINGS BEFORE THE COMMISSION FOR PROTECTION AGAINT DISCRIMINATION

           

            Article 66.  (1) Proceedings before the Commission are instituted:

            1.   with a complaint of affected persons;

2.      at the initiative of the Commission;

3.      at signals from natural persons or legal entities, state power and local self-government bodies.

 

            Article 67.  (1) The complaint or signal to the Commission should be written in the Bulgarian language and contain:

1.      the name or designation of the submitter;

2.      the address or headquarters and the address of management of the submitter;

3.      statement of the circumstances, on which the complaint or signal is grounded;

4.      statement of what is demanded from the Commission;

5.      date and signature of the person submitting the complaint or of his/her representative.

                       

            (2) Anonymous complaints or signals are not be examined by the Commission.

 

            Article 68. (1) Proceedings are not be instituted, and those instituted are ceased, if five years have past after the occurrence of the violation.

 

                         (2) When it is established that a lawsuit has been filed on the same argument, the Commission does not institute, or ceases the proceedings, instituted before it.

 

Article 69. No state fees are collected for proceedings before the Commission.

 

Article 70. (1) After the institution of proceedings the chairperson of the Commission transfers the claim file to the respective subcommission.

 

(2) Each case of contravention of this is be examined by three members of a subcommission, selected by its chairperson.   

 

(3) The chairperson of the subcommission assign the claim file to a member of the subcommission, reporter, who presides the team, referred to in paragraph 2.

 

(4) Cases of multiple discrimination are examined by the whole Commission, where the chairperson of the Commission assigns the claim file to a reporter - member of the Commission.

 

            Article 71. (1) When there is the danger of losing a proof or its provision may incur difficulties, the chairperson of the Commission, respectively of the subcommission, orders to have it provided before the institution of proceedings.

 

            (2) In securing proofs the provisions of the Civil Code of Procedure shall apply.

 

            Article 72. (1) At the first session the reporter invites the parties to achieve an amicable settlement and mediates the reaching of agreement. 

 

            (2) The amicable settlement procedure is confidential. The parties are free to announce withdrawal from it at any time, before the Commission approves the agreement.

 

            (3) When an agreement is reached, and when the infringer undertakes effective measures to prevent future discrimination, the Commission does not impose a sanction.

 

            (4) The Commission controls the adhering to the agreement and the implementation of the measures referred to in the preceding paragraph.

 

            Article 73. (1) The Commission approves with a decision the agreement, signed by the parties under art. 72.

 

            (2) The agreement is out-of-court executorial judgement and therefore is subject to enforcement.

           

(3) When the agreement covers only part of the argument, the proceedings continue for the part over which agreement has not been reached.

           

Article 74. (1) The reporter collects proof needed for the full and comprehensive clarification of the circumstances.

 

            (2) The reporter is assisted in the investigation by the administration and by outside experts and specialists.

 

            Article 75. Methods and means, provided in the Civil Code of Procedure, are used for the establishment of facts and circumstances.

 

Article 76. (1) The citizens, the bodies of state power and local self-government and the public bodies, the legal entities and the public officials are obliged to assist the Commission and its subcommissions in the exercising of their powers through:

1.                         preparing references, giving explanations and evidence and presenting all documentation, necessary for the clarification of facts and circumstances related to the undertaken investigation;

2.                         provide access to the sites, subject to investigation;

3.                         secure the conditions necessary for the investigation.

 

            (2) The persons cannot plead commercial secret in matters connected with the investigation.

 

            (3) When for the purposes of the investigation the Commission demands access to classified information, which is considered state or official secret, the access is granted in the arrangements of the Protection of Classified Information Act.

 

Article 77.  (1) In exercising their powers the Commission and subcommissions can:

1.                          demand information, including statistical data, original documents and certified copies of documents related to the investigation;

2.                          demand explanation from the investigated persons for matters related to the investigation;

3.                          examine witnesses.

 

(2) In the instance of concealed facts and circumstances related to the investigation, or in the event of hampering the investigation the Commission can, with the assistance of the Ministry of the Interior and with the permission of the respective regional court of location of the violation, in the arrangements of the Penal Code of Procedure:

1.      examine the place for the purposes of the investigation;

2.      search premises and expropriate proof and instruments of evidence for the purposes of the investigation.

 

(3) When the hindering of the investigation is deemed a crime, the Commission notifies the prosecution.

 

            (4) The evidence, collected during the investigation referred to in paragraph 1 and paragraph 2, is part of the documentation of the executed investigation. The expropriated original documents and instruments of evidence are returned to their owners after the completion of the proceedings.

Article 78.  (1) In case of refusal to give information, demanded by the Commission or a subcommission, the persons bear responsibility under this law.

 

(2) Paragraph 1 shall be applied accordingly when access to premises or persons, demanded by the Commission, are denied.

 

            Article 79.  (1) Documents and information, received by the Commission or a subcommission, can be used by it only for the purposes of the investigation.

 

            (2) The members of the Commission are obliged not to make public information, constituting a law-protected secret, which has become known to them during or with reference to the performance of their activities.

                           

(3)    The obligation laid down in paragraph 2 shall also apply to the administrative staff of the Commission, and to the outside experts and specialists.

           

Article 80. (1) The investigation will be executed within thirty days. In cases of factual or legal complexity the time can be prolonged with an order from the chairperson of the Commission for up to thirty days. 

           

(2) After the completion of the investigation the parties are given the opportunity to get acquainted with the materials, collected in connection with the claim file.

 

            Article 81.  If in the course of the investigation evidence of a committed crime has emerged, the chairperson of the Commission, by proposal from the reporter, sends the claim file to the prosecution. 

 

            Article 82.  (1) The reporter prepares a conclusion and present the claim file to the chair of the subcommission or to the chairperson of the Commission in the cases of multiple discrimination.

 

            (2) Within a month’s period the chairperson of the Commission, or the chair of the subcommission respectively, calls a session.

 

            (3) The summoning of the parties and the notifying of the interested persons is made with registered mail poste restante. In case of failure to appear with no good reason the session is held in the absence of the party.

 

            Article 83.  (1) The sessions of the Commission and subcommissions are open.

 

            (2) The Commission or the respective subcommission can decide to hold a closed-door session in the interest of the good moral, the public order, in protection of the interest of under-age persons or the privacy of the parties.

 

(3) The parties can participate in person or through a representative according to the arrangements of art. 20 of the Civil Code of Procedure.

 

Article 84.  The police will bring a regularly summoned witness who fails to appear by force. 

 

Article 85. (1) The sessions of the Commission are regular in the presence of:

1.   2/3 of the members of the Commission – in the cases of multiple discrimination;

2.      more than half of the members of the Commission, including all the members of the respective team of the subcommission – in the rest of the cases.

(2) The Commission’s decisions are taken with a simple majority by the present members.

 

            Article 86.  (1) A member of the Commission is obliged to self-withdraw in the presence of the following grounds:

            1.  when s/he has represented of some of the parties;

            2.  when s/he has a labour or official relationship with some of the parties;

            3. direct line of descent without limitation or collateral line up to fourth level, marriage and engagement up to second level with some of the parties;

4. when s/he can be deemed biased or interested directly or indirectly in the outcome of the proceedings for other reasons.

 

            (2) In the instance of justification under paragraph 1 any party can demand suspending of a member of the Commission.

 

            Article 87. When s/he decides that the circumstances of a claim file have been clarified, the chairperson, or the reporter provides the possibility for the parties to present their statements.

 

Article 88. (1) In the cases of multiple discrimination the chairperson of the Commission, after the clarification of the argument from factual and legal point of view, closes the session and announces the day of pronouncing of the Commission, where the parties are considered notified.

 

(2) The decisions are pronounced not later than fourteen days after the holding of the session.

 

Article 89. (1) In the rest of the occasions, after the clarification of the argument from factual and legal point of view in the subcommission, the reporter closes the session. 

 

(2) The subcommission prepares a proposal for decision. The chair of the subcommission submits the proposal for adoption by the Commission within seven days of the session referred to in paragraph 1.

 

(3) Within a period of one month from the submission of a subcommission’s proposal the Commission pronounces with a motivated decision at an open session, of whose date the parties are notified two weeks in advance.   

 

Article 90. (1) The Commission takes a decision with which it:

1.       establishes the committed violation and the violator and determines the type and size of the sanction;

2.       imposes coercive administrative measures;

3.       establishes that no contravention of the law has been committed and dismisses the complaint.

 

            (2) The decision is signed by the members of the Commission.

 

            Article 91. The decision is written and contains:

            1.  the name of the body that issued it;

            2.  the factual and legal grounds of its issuing;

            3. dispositive part, defining the type and size of the sanction or the coercive administrative measure, if such are imposed;

4.       before which body and within what time the decision can be appealed.

 

Article 92.  The Commission can send the decision to other bodies that have some relation to the executed investigation for information and/or for taking relevant steps.

 

Article 93. (1) The Commission exercises control over the adherence to the coercive administrative measures.

 

(2) The investigated person is obliged to take measures in implementation of the mandatory prescription and to inform the Commission of it in a written form within a period, not longer than one month.

 

(3) The Commission sends a report with proposals for relevant measures as follows:

1.                               to the National Assembly – in case the Council of ministers fails to adhere to the mandatory prescriptions;

2.                               to the Council of ministers - in case the ministers, regional governors, heads of state agencies, the state commissions and other pertaining administrations fail to adhere to the mandatory prescriptions;

3.                               to the respective minister - in case executive agencies and state commissions under his/her jurisdiction and the territorial units of the central administration of the executive power fail to adhere to the mandatory prescriptions;

4.                               to the regional governor - in case the local self-government bodies fail to adhere to the mandatory prescriptions;

5.                               to the municipal council - in case mayors of regions and mayoralties, commercial agents with municipal property and municipal enterprises fail to adhere to the mandatory prescriptions;

 

(4) The bodies referred to in paragraph 4 inform the Commission about the measures within a month’s period.

 

            Article 94. (1) The decisions of the Commission are subject to appeal before the Supreme Administrative Court in the arrangements of the Supreme Administrative Court Act within two weeks from their issuing.

 

            (2) In the presence of nullity the appeal can be made with no limit in time.

 

Article 95.  The decisions of the Commission are enacted when:

1.      they have not been appealed within the period of time set in art.94;

2.      the appeal is not sustained; 

3.      the decision confirms the agreement, reached by the parties.

 

            Article 96. The fines and property sanctions deriving from enacted decisions of the Commission are subject to collecting in the arrangements of the Taxation Code of Procedure.

 

Chapter five

 

JUDICIAL DEFENCE AGAINST DISCRIMINATION

 

 

Article 97. (1) Any person whose rights under this law have been violated can lodge a claim in the meaning of this law.

 

            (2) The organisations of workers and employees and their divisions, as well as non-for-profit legal entities can, by request of persons whose rights under this law have been violated, lodge a claim before the court.

 

            (3) The organisations of workers and employees and their divisions, as well as non-for-profit legal entities referred to in art. 2 cannot enter into agreements, affirm claims, disclaim, withdraw or lessen the claims of the represented persons and receive sums at their expense, unless they are explicitly empowered for it.

 

Article 98. (1) At the request of the persons referred to in art. 97, paragraph 1 the court can pronounce infringement of this law or of other normative acts, defending the right of equal treatment.

 

            (2) The persons referred to in art. 97, paragraph 1 can demand from the court:

1.      to order appropriate measures for ceasing the infringement;

2.      to restore the status as before the infringement;

3.      compensation for the suffered property and non-material damage.

 

Article 99. (1) When group rights are affected in the meaning of this law, every non-for-profit legal entity performing activities for public benefit can lodge a claim for:

1.   ordering appropriate measures for ceasing the infringement;

2.      restoration of the status as before the infringement.

 

(2) The non-for-profit legal entities referred to in paragraph 1 can, within one month from the lodging of the claim, make this fact public by means of publications or by other means of their choice and invite other legal entities performing activities in public benefit to join the proceedings.

 

            (3) A legal entity performing activity in public benefit can join the proceedings not later than the completion of the oral competitions.

 

Article 100. (1) The persons referred to in art. 97, paragraph 1 and art. 99, paragraph 1 can, within one month of the claim’s lodging, make this fact public by means of publication or by other written means of their choice through sending an invitation to other affected persons to join the proceedings.

 

(2) Within a month’s period from the publicising every person, whose rights under this law have been violated, can state before the court his/her desire to join the suit.

 

Article 101. (1) No state fees are collected for court proceedings covered by this law.

 

(2) The proceedings of claims of violated rights are examined according to the provisions of the Civil Code of Procedure.

 

Article 102. The Commission can participate in the court proceedings by giving its statement.

 

 

 

Chapter six

 

ADMINISTRATIVE PENAL PROVISIONS

 

 

                                                Coercive administrative measures

            Article 103.  (1) For the purposes of preventing and ceasing infringements of this law, as well as for prevention and removal of the harmful consequences from such infringements the Commission for prevention against discrimination, at its own initiative or by proposal of the syndicate organisations, natural persons and legal entities can impose the following coercive administrative measures:

            1.  to give mandatory prescriptions to the employers and the officials for avoiding the contraventions of the legislation for the purpose of preventing discrimination;

            2.  to cease the activity of enterprises, productions and sites in case they fail to adhere to the mandatory prescriptions referred to in (1);

            4.  to stop the execution of illegal decisions or orders of employers or officials, which lead or can lead to discrimination;

           

(2) When, in the cases referred to in the preceding paragraph, a mandatory prescription is given to an argument, for which a court decision is enforced and the two contradict, the decision of the court will be executed.

           

Appealing of the coercive administrative measures

 

            Article 104.  The coercive administrative measures referred to in paragraph 1 of the preceding article can be appealed in the arrangements of the Supreme Administrative Court Act. The appeal does not stop the execution of the coercive administrative measure.

           

Administrative penal provisions

 

Article 105. (1) A person who makes an infringement of this law, leading to discrimination, shall be imposed a fine of between BGN 5 000 and 25 000 when the deed does not constitute a crime.

(2) When the infringement that led to discrimination is made by a legal entity, the latter shall be imposed a material sanction of between BGN 25 000 and 150 000.

            (3) For allowing the infringement referred to in paragraph 2 occur, the head of the employing legal entity shall be imposed a fine of between BGN 2 500 and 10 000 when the deed does not constitute a crime.

 

Article 106. (1) An employer who contravenes art. 20, paragraphs 1 and 2 shall be imposed a fine of between BGN 250 and 2 500.

(2) When the contravention under art. 20, paragraphs 1 and 2 are made by a legal entity, the latter shall be imposed a material sanction of between BGN 2 000 and 20 000.

            (3) For allowing the infringement referred to in art. 20, paragraphs 1 and 2 occur the head of the legal entity shall be imposed a fine of between BGN 1 000 and 5 000.

           

Article 107. (1) An employer – natural person who contravenes art. 26 shall be imposed a fine of between BGN 500 and 2 500.

(2) When the contravention referred to in art. 26 is made by a legal entity, the latter shall be imposed a material sanction of between BGN 2 500 and 10 000.

            (3) For allowing the contravention referred to in art. 26 occur, the head of the employing legal entity shall be imposed a fine of between BGN 1 000 and 5 000.

(4) The penalty referred to in paragraph 3 shall be imposed also to the head of a training institution for contraventions of art. 40.

 

Article108.  (1) An employer – natural person who contravenes art. 31 shall be imposed a fine of between BGN 100 to 500.

(2) When the contravention referred to in art. 31 is made by a legal entity, the latter shall be imposed a material sanction of between BGN 500 to 2 000.

            (3) For allowing the contravention referred to in art. 31 occur, the head of the employing legal entity shall be imposed a fine of between BGN 250 and 1 000.

(4) The penalty referred to in art. 3 shall also be imposed on the head of a training institution for contraventions of art. 43.

 

Article 109. (1) A person who contravenes art. 47 shall be imposed a fine of between BGN 5 000 and 25 000.

(2) When the contravention of art. 47, paragraphs 1 and 2 is made by a legal entity, the latter shall be imposed a material sanction of between BGN 25 000 and 150 000.

            (3) For allowing the contravention referred to in art. 47 occur, the head of the employing legal entity shall be imposed a fine of between BGN 500 and 10 000.

           

Article 110. A person who does not adhere to a mandatory prescription, or does not present the demanded evidence or information within due time, or hampers or fails to give access to sites shall be imposed a fine of between BGN 5 000 to 15 000.

 

Article 111. A regularly summoned witness who fails to appear for no good reasons before the Commission to testify shall be imposed a fine of BGN 1 000.

            Article 112.  When the contraventions are committed for the second time a fine or a material sanction of double the size of those initially imposed shall be imposed.

            Article 113. When after the imposing of a fine the contravention is not ceased within reasonable time, the Commission shall impose fines until the ceasing of the contravention.

 

Article 114. The sums collected from imposed fines or material sanctions in the meaning of this section shall be entered into the republican budget.

 

 

 

ADDITIONAL PROVISION

 

            § 1.  In the meaning of this law:

           

1. “Less favourable treatment” shall be any act, action or lack of action, affecting directly or indirectly rights or legal interests;

2. “On the grounds of the markers referred to in art. 3, paragraph 1” shall mean on the grounds of the actual present or past, or presumed presence of one or more of these markers in the discriminated person or in a related person, or a supposedly related person when this constitutes the reason for the discrimination;

3. "Related persons" shall be the spouses, relations of direct descent without limitation, collateral relations up to fourth level inclusive and in-law relations up to third level inclusive; the guardian and the trustee; the guarded and the paternalised; concubines; employer and employee; persons where one is part of the management of the other; business partners; persons who, because of other circumstances can be considered directly or indirectly dependant on the claimant and the dependence is the reason for discrimination; persons, on whom the claimant could be directly or indirectly dependant and that is the reason for the discrimination; persons accompanying the claimant at the moment of occurrence of the discrimination when this connection is the reason for the discrimination;

4. “Sexual orientation” shall mean heterosexual, homosexual or bisexual orientation.

5. “Marital status” shall mean the status of a spouse, obligation to support an underage family member, aged family member or disabled family member.

6. “Multiple discrimination” shall be discrimination on grounds of more than one of the markers referred to in art. 3, paragraph 1.

7. “Recurring infringement” shall be the infringement made within a year’s time of the enforcement of the penalty for an equal infringement of this law.

 

 

 

TRANSITIONAL AND FINAL PROVISIONS

 

            § 2. Within a month’s time from the entry into force of this law the National Assembly selects and the Presidents appoints their quotas of members of the Commission.

 

            § 3. Within three months from the entry into force of this law the Commission adopts the regulations referred to in art. 61, paragraph 1 on its structure and activities.

 

            § 4. This law amends § 1, (7) of the Supplementary Provisions of the Labour Code, art. 5a, paragraph 3 of the Protection, Rehabilitation and Social Integration of Disabled Persons Act, § 1, (20) of the Supplementary Provisions of the Encouragement of Employment Act.

 

§ 5. Within three months from the entry into force of this law the minister of labour and social policy issues the ordinance referred to in art. 11, paragraph 2.

 

            § 6. Art. 20, paragraph 2 of the National Education Act is supplemented with “with specialised methodology for acquisition of the Bulgarian language”.

 

§ 7. Art. 88 of the Defence and Armed Forces of the Republic of Bulgaria Act is abrogated (OG, 112 from 27.12.1995, in force as of 27.02.1996, last amended by 67 from 6.08.1996, 122 from 19.12.1997, amended, 70 from 19.06.1998, 93 from 11.08.1998, in force as of 1.04.1999, 152 from 22.12.1998, in force as of 1.01.1999, last amended, 153 from 23.12.1998, in force as of 1.01.1999, amended, 12 from 12.02.1999, amended, 67 from 27.07.1999, in force as of 28.08.1999, amended, 69 from 3.08.1999, in force as of 3.08.1999, last amended, 49 from 16.06.2000, in force as of 16.06.2000, amended, 64 from 4.08.2000, in force as of 1.01.2001, amended, 25 from 16.03.2001, in force as of 31.03.2001, 34 from 6.04.2001, in force as of 6.04.2001, 1 from 4.01.2002, in force as of  1.01.2001, last amended., 40 from 19.04.2002, in force as of  19.04.2002, amended, 45 from 30.04.2002)

 

            § 8. This law shall enter into force of January 1, 2003.