Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Bulgaria (Ratification: 1960)

Articles 2 and 3 of the Convention. Implementation of the anti-discrimination legislation. The Committee notes the information provided by the Government on recent case law involving questions of discrimination in employment and occupation. It also notes the Government’s indication that the Commission for Protection against Discrimination (CPD) publishes and disseminates awareness-raising and promotional material, including a collection of laws and regulations on discrimination and information brochures and leaflets providing basic knowledge of fundamental rights and instructions on how to bring a complaint before the CPD. Training seminars and information sessions on the rights arising from the national anti-discrimination legislation are organized as well as joint working groups with representatives of workers’ and employers’ organizations on non-discrimination and equality issues. A study was carried out, followed by a national conference in November 2008 on “Diversity at the workplace” and another study was prepared in 2009 on “Equal opportunities and non-discrimination in the activity of the Employment Agency and its territorial subdivisions”. Welcoming the various measures taken to raise awareness of the right to non-discrimination and equality, the Committee requests the Government to continue to provide information on the activities of the Commission for Protection against Discrimination regarding discrimination in employment and occupation, including detailed information on the number, nature (i.e. discrimination grounds and area of employment concerned) and the outcome of the cases dealt with. It also asks the Government to indicate the measures taken to address discrimination in employment and occupation further to the findings of the studies to which the Government referred.

Equality of opportunity and treatment of men and women. The Committee notes the detailed information provided by the Government on its policies and programmes on gender equality. In particular, it notes the adoption in December 2008 of a National Strategy on the Promotion of Gender Equality for the period 2009–15 which aims at ensuring equal opportunities for men and women in all spheres of life, including employment, and is monitored by the National Council for Equal Opportunities for Women and Men. The Committee also notes the Government’s indication that gender equality in the labour market is implemented through National Action Plans for the Promotion of Equality between Men and Women and was also an aim of the Employment Strategy for the period 2004–10. According to the Government’s report, a new Bill on Equal Opportunities between Women and Men was prepared in 2006 by the Ministry of Labour and Social Policy and was being discussed by the National Assembly in 2010. The Committee requests the Government to provide information on the following:

• (i) the practical measures taken to implement the National Action Plans and Strategy on the Promotion of Gender Equality with a view to ensuring equal access and opportunities for men and women in the labour market, including to decision-making and management positions in the private and public sectors;
• (ii) any steps taken to address gender stereotypes, in particular assumptions regarding women’s professional capacities and aspirations;
• (iii) the progress made in the adoption of the Bill on Equal Opportunities between Men and Women; and
• (iv) cooperation with workers’ and employers’ organizations in the design and implementation of the measures taken to promote gender equality.

Sexual harassment. The Committee notes the Government’s indication that it does not have any information on the implementation and enforcement of provisions of the Protection against Discrimination Act concerning sexual harassment. In view of the gravity and serious repercussions of this form of sex discrimination both for the workers and the enterprises, the Committee asks the Government to indicate how protection against sexual harassment is ensured in practice at the workplace, including through preventive measures. Please provide information on any cases of sexual harassment addressed by employers pursuant to section 17 of the Protection against Discrimination Act, and by the labour inspectorate, the Commission for Protection against Discrimination, or the judicial authorities.

Article 5. Special measures. The Committee notes the Government’s indication that information on the measures taken pursuant to section 24 of the Protection against Discrimination Act (according to which employers must encourage persons belonging to the under-represented sex or ethnic group to apply for available jobs or positions and for vocational training), will be provided after completion of the study on “Equal opportunities and non-discrimination in the work of the Employment Agency and its territorial divisions”. Noting that section 24 of the Protection against Discrimination Act refers to obligations of the employer, the Committee requests the Government to provide information on the manner in which this provision is monitored and enforced. The Committee also asks the Government to provide details on the measures taken pursuant to section 24 and any measures taken or envisaged based on the outcome of the equal opportunities study.

Collection of data concerning the situation of ethnic minorities. The Committee notes that according to the Government’s report, by the middle of 2009, the self-identification form has been completed by 34,511 persons who identified themselves as Roma (30,963 by the end of 2008 and 40,529 by the end of 2007). With respect to studies on the employment situation of disadvantaged groups, the Committee notes that the Government refers again to the study on “Equal opportunities and non-discrimination in the work of the Employment Agency and its territorial divisions”. The Committee asks the Government to continue to provide information on the situation of ethnic minorities in employment and occupation including providing statistical information on the labour market situation of ethnic minorities.