Bulgarian law provides for partially state-funded psychological and legal counselling as well as the assistance of a social worker to victims of domestic violence.
Victims of domestic violence have the right to receive state-funded social rehabilitation services such as social, psychological and legal assistance to help them to safely exit an abusive relationship.
The assistance is mainly provided by municipal and non-governmental organizations. Accommodation in crisis centres is free; psychological counselling without accommodation should be paid by the victim unless the provider of the service (most often NGO) is working on a state-funded project (the state funded NGO’ projects last only 6 months every year); legal counselling and preparation of case related documentation is free; legal representation is free only if the victim is in poor financial position. All those services are free for children.
By ensuring and funding social rehabilitation services for adult victims of violence, the State has recognized that victims of domestic violence need, and are entitled to, social and psychological help in order to exit a power and control relationship of domestic violence. Further, legal assistance is important for preparing and submitting an application for temporary protection against violence, assist victims in criminal proceedings, and to help victims of domestic violence to reach a just resolution in divorce proceedings, child related disputes and the division of spousal property.
What kind of assistance may a victim receive?
The social rehabilitation services are provided in one of the following ways:
- as accommodation in a crisis center for up to 6 months, for victims of domestic violence where the users may receive: individual support, meeting their everyday needs, legal counselling and psychological support in cases of crisis intervention
- as individual consultations without accommodation by a social worker or a psychologist
- free legal consultations and preparation of case related documentation
Victims of domestic violence may also receive advice, consultation, emotional and psychological support by calling the assistance service for victims of violence on 080018676 or 080011977 which are administered by NGOs, or 116111 (for children). Victims of domestic violence may receive free legal consultation by calling 070018250.
How to receive the assistance?
To receive the social rehabilitation service, the victim of domestic violence must turn to the social services in her/his municipality or any NGO that provides the social rehabilitation services for adult victims of violence. The victim of violence has the right to choose the social service provider. The victim of violence is not obligated to file a report or to cooperate in criminal proceedings in order to get state funded social rehabilitation services.
If the victim of violence is refused social rehabilitation services, the decision by the social services may be appealed in accordance with the Administrative Procedure Code in the Administrative Court.
Which human rights violations may there be?
The ability or failure of the State to provide help and assistance to victims of domestic violence should be seen in the light of the due diligence standard. It may result in a violation of human rights where state or municipal institutions deny funded help or assistance to a victim without lawful grounds.
The right to life, the prohibition of inhumane or degrading treatment and the right to private and family life
The State’s failure to provide help and a support system for domestic violence victims may, in certain cases, result in a violation of the right to life, the prohibition of inhumane or degrading treatment and the right to private and family life.
Prohibition of discrimination
Domestic violence is considered to be a form of discrimination against women, as it affects mainly women. If the State (in this case – the pertinent authorities) fails to effectively respond and provide help and support to the victims of domestic violence in cases of immediate threats to their lives, freedom or health, it may result in a violation of the prohibition of discrimination in conjunction with a violation of the right to life and/or the prohibition against inhumane or degrading treatment, and the right to private and family life.