Legislative and policy framework

The principle of equality is enshrined in the Constitution of the Republic of Bulgaria, adopted in 1991. Article 6(2) of the constitution states: ‘All citizens are equal before the law. No restrictions on rights or privileges based on race, nationality, ethnicity, sex, origin, religion, education, beliefs, political affiliation, personal or social status or property are allowed.[1]

The Law on Equality between Women and Men (Закон за равнопоставеност на жените и мъжете), adopted in 2016, is the main legal document on gender equality.[2] It includes a legal obligation to implement gender mainstreaming under Article 4(1), which specifies that the state’s policy on equality between women and men is to be implemented through ‘integrating the principle of equality between women and men in legislation and all national, regional and local policies, strategies programmes and plans’.[3] The law includes no provisions regarding enforcement or sanctions. In addition, since January 2004, the Law on Protection from Discrimination (Закон за защита от дискриминацията) has prohibited discrimination on a broad range of grounds, including sex (Article 3).[4]

The 2021–2030 national strategy for promoting equality between women and men (национална стратегия за насърчаване на равнопоставеността на жените и мъжете 2021–2030 г.) is the key policy document in the field of gender equality and gender mainstreaming.[5] This initiative builds on the strategy of the same name that was in place from 2016 to 2020, with reviews of progress achieved conducted by an interdepartmental working group.

The strategy is implemented through annual national plans for promoting gender equality. The action plan in place at the time of data collection was the 2023–2024 action plan for the promotion of equality between women and men (национален план за действие за насърчаване на равнопоставеността на жените и мъжете за периода 2023–2024 г.). The action plan did not have targets but contributed to the implementation of the national strategy through detailed quantitative indicators for monitoring change and through the designated agencies responsible for collecting data.

Priority areas of the strategy and action plans

  • Promoting equality between women and men in the labour market and ensuring an equal level of economic independence.
  • Reducing the gender pay gap and reducing disparities in income.
  • Promoting equality between women and men in decision-making processes.
  • Combating violence against women and supporting victims.
  • Overcoming gender stereotypes in various areas of public life and combating sexism.

The action plans are partly costed.[6] The strategy and action plans are assessed annually, with the publication of the Report on equality between women and men in Bulgaria (Доклад за равнопоставеността на жените и мъжете в България).[7] These reports include a focus on sex-disaggregated data.

Structures

Governmental gender equality body

The Department for Equal Opportunities, Anti-discrimination and Social Assistance (Равни възможности, антидискриминация и социални помощи) is the governmental equality body, housed in the Directorate for Disability Policy, Equal Opportunities and Social Assistance within the Ministry of Labour and Social Policy.[8] Since 2000, the ministry has developed and coordinated gender equality policy, in accordance with Decree of the Council of Ministers No 155 of 2000, with the department taking on this responsibility in 2004. The department is also the Secretariat of the National Council on Equality between Women and Men under the Council of Ministers.[9]

The mandate of the Minister of Labour and Social Policy is set out under Article 7 of the Law on Equality between Women and Men, which is implemented through the department. It states that ‘the Minister of Labour and Social Policy manages, coordinates and controls the implementation of state policy on equality between women and men’.

Functions of the Minister of Labour and Social Policy

  • Developing and participating in discussions and proposing the adoption and/or amendment of legislation and strategic documents relevant to equality between women and men.
  • Organising and managing the activities of the National Council on Equality between Women and Men.
  • Coordinating the development, implementation and reporting of national strategies and plans for their implementation.
  • Creating and maintaining a system for monitoring gender equality and coordinating the preparation of a report on equality between women and men.
  • Providing assistance to the executive authorities in conducting state policy on equality between women and men.
  • Representing the state in its relations with international organisations and programmes in the field of equality between women and men.
  • Managing and coordinating participation in national and international programmes and projects promoting equality between women and men, including cooperation with other state authorities and organisations.
  • Maintaining contact with similar specialised state bodies in other countries and with international organisations active in the field of equality between women and men.

The Minister of Labour and Social Policy monitors the implementation of national policies on gender equality and produces an annual monitoring report, presented to the government through the Council of Ministers, not to parliament. The budget and expenditure of the Minister of Labour and Social Policy are not available. The personnel resources of the department are three people, who dedicate 50–75 % of their working time to gender equality specifically.

The National Council on Equality between Women and Men, under the Council of Ministers, is the coordination structure for gender mainstreaming within the government. Founded in 2004, the Department for Equal Opportunities, Anti-discrimination and Social Assistance is the Secretariat of the National Council on Gender Equality, with the Minister of Labour and Social Policy acting as chair.[10] It is a permanent coordinating and advisory body that assists the Council of Ministers in the development and implementation of state policy on equality between women and men, as well as a body that facilitates consultation, cooperation and coordination among central and territorial executive bodies, social partners and civil society.[11]

There are 77 members of the National Council on Gender Equality, including deputy members, the chair and secretariat members. The members are regularly updated following governmental and staff changes and meet at least four times a year.[12] The council provides opinions on draft strategic documents and draft items of legislation containing provisions on gender equality before they are put to the Council of Ministers, with its involvement ensuring that gender equality considerations are integrated into national strategies and legislative measures. It also participates in developing the national strategy on gender equality, proposes measures for promoting the state’s policy on gender equality and participates in devising quantitative and qualitative indicators needed for the monitoring system.

Independent gender equality body

The Commission for Protection against Discrimination (Комисията за защита от дискриминация (СPD)) is the independent equality body established in 2005 by the Law on Protection from Discrimination.[13] The CPD is an independent semi-judicial body that aims to prevent discrimination and ensure equal opportunities.

The CPD receives and decides on cases of direct or indirect discrimination based on sex, race, ethnicity, genetics, nationality, origin, religion or beliefs, education, political affiliation, personal or social status, disability, age, sexual orientation, family situation, property status and any other grounds specified in laws or international treaties to which Bulgaria is a party.

Functions of the CPD

  • Conducting research on gender equality issues.
  • Integrating gender equality considerations into EU and international affairs.
  • Publishing and disseminating gender equality information.
  • Conducting training.
  • Carrying out gender-sensitive analysis of policies and legislations.

The CPD publishes an annual report on its activities in accordance with Article 40, paragraph 5, of the Law on Protection from Discrimination.[14]

The CPD has a total annual expenditure of EUR 1 886 570, including administrative and operational costs. There are 89 members of staff within the CPD, who spend 25–50 % of their time on gender equality-related projects.

The commission is very rarelyconsulted by government departments or ministries about new or existing policies, laws or programmes. However, when consultation does take place, its comments are often taken into account and lead to adjustments topolicies and legislative instruments.

Parliamentary body

No parliamentary committee includes gender equality as a specific part of its activities. Various committees can receive or seek information on the progress of gender equality measures.

Regional structure

Employees in all regional administrations engage in the development and implementation of regional policy on gender equality and contribute to overall national policy. Article 8 of the Law on Equality between Women and Men requires that the central and territorial bodies of the executive power designate employees to coordinate gender equality measures. According to Article 10 of the law, state policy on equality between women and men is implemented by regional governors and local self-government bodies, together with the territorial units of the ministries, state and executive agencies and other bodies established by law, employee and employer representative organisations, non-governmental organisations working on gender issues and other organisations.

Consultation with civil society

The National Council on Equality between Women and Men is the permanent body responsible for consultation and cooperation between institutions and civil society on the development of gender equality policy.

The Ministry of Labour and Social Policy does not distribute funding to civil-society organisations.

Methods and tools

Note: the methods and tools listed in this section were the focus of EIGE’s 2024 assessment. If certain methods and tools are not mentioned in this section, this does not necessarily mean that they are not used by Bulgaria.

Gender impact assessment

There is a legal obligation to undertake gender impact assessments when drafting laws, policies, plans and programmes under Article 14 of the Law on Equality between Women and Men, which states that the impact of regulations and strategic documents on gender should be assessed. The law also states that gender equality coordinators, appointed at the central and regional levels, should participate in these assessments.

Gender impact assessment is defined in the law as ‘part of the social assessment [that] includes assessing the impact of regulations and strategic documents on the situation of women and men’. According to the law, this will ensure that discriminatory effects are neutralised and gender equality promoted.[15]

Gender budgeting

The concept of gender budgeting is practically unknown in Bulgaria.

Training and awareness raising

There is no training on gender equality at the national level for government staff, and there are no central initiatives to raise awareness among ministries.

Gender statistics

The 2021–2030 national strategy for promoting equality between women and men requires the National Statistical Institute (NSI) to collect data on indicators related to gender equality. As part of this reporting requirement, the NSI has started publishing information on the indicators on Monitorstat (an information system developed as part of a project on good governance funded by the European Social Fund).[16] The NSI issues information (sporadically) on developments in the situation of women and men online and in brochures, flyers and books, including the statistical publication Women and Men in the Republic of Bulgaria, with the most recent edition published in 2018.[17]

There is no website or section of the NSI website devoted to gender statistics.[18] However, on its main website, the NSI includes some sex-disaggregated data on demographics, mortality, migration and education. The only way to find such data is by using the keyword search facility on the NSI website. The National Social Security Institute collates data on 20 indicators disaggregated by sex.[19]

The Law on Equality between Women and Men mandates the collection of statistics disaggregated by sex.

Monitoring progress

Bulgarian institutional mechanisms for gender equality and gender mainstreaming stand below the EU average, showing progress since 2021.

Explore Bulgaria’s scores on the four key indicators on institutional mechanisms for the promotion of gender equality and gender mainstreaming developed to monitor progress on Area H of the Beijing Platform for Action:

Bulgaria: Institutional mechanisms for gender equality and gender mainstreaming

References