Protection against Discrimination Commission (PADC) is an independent specialised state body for prevention of discrimination, protection against discrimination and ensuring equal opportunities. It exercises control over the implementation of, and compliance with the Protection against Discrimination Act and of other acts regulating equal treatment.
How can it help you
PADC can help you if you are a victim of discrimination. Discrimination is any less favourable treatment of a person on one or several of the grounds protected by the law. According to the Protection against Discrimination Act such grounds are gender, race, nationality, ethnicity, human genome, citizenship, origin, religion or belief, education, convictions, political affiliation, personal or social status, disability, age, sexual orientation, marital status, property status, or on any other grounds established by law or by an international treaty to which the Republic of Bulgaria is a party.
Discrimination can be direct or indirect. Direct discrimination is any less favourable treatment of a person on the protected grounds than the treatment another person is receiving, received, or would receive in comparable similar circumstances. Indirect discrimination is putting a person or persons, on the protected grounds in a less favourable position compared to other persons through an apparently neutral provision, criterion or practice, unless the said provision, criterion or practice is objectively justified in view of a lawful aim and the means of achieving this aim are appropriate and necessary. The law also prohibits incitement to discrimination and harassment on the protected grounds.
If you are victim of discrimination you can file a complaint in the PADC. The complaint should be filed in writing and must contain: the name or designation of the person submitting it; the address or the registered office and address of the place of management of the
person submitting it; a statement of the circumstances on which the complaint; a statement of requests to the Commission; dates and the signature of the person submitting the complaint or of his/her representative. You can file the complaint in a foreign language but in such a case it has to be accompanied by a Bulgarian translation. In the PADC Internet site you can find detailed guidelines on what your complaint should contain. You should file your complaint within three years from the commission of the offense.
After receiving your complaint, the PADC institutes proceedings for its consideration. A rapporteur is appointed to conduct a preliminary check. The latter should be completed within 30 days and can be extended once for another 30 days. Upon completion of the check, the rapporteur draws up a report, after which a hearing of the Commission is scheduled within 7 days. The Commission holds a public hearing to which the parties are summoned. On completion of the proceedings, the Commission shall issue a decision with which it establishes a violation; identifies the offender and the victim; determines the type and severity of the sanction; applies coercive administrative measures or establishes that no violation of the law has been committed and dismisses the complaint. The decisions of the Commission are subject to judicial review before the administrative courts.
Activities
The PADC has the following powers:
- To consider and decide cases of discrimination
- To impose compulsory administrative measures and administrative sanctions
- To decree prevention and termination of the violation and restoration of the original situation
- To make proposals and recommendations to the state and municipal authorities to discontinue discrimination practices and revoke their acts issued in violation of the legislation regulating equal treatment
- To issue opinions on the conformity of draft statutory act with the legislation on prevention of discrimination, as well as recommendations for adoption, revocation, amendment and supplementing of statutory acts
- To publish independent reports and make recommendations on all matters relating to discrimination
- To inform the public through the media about the legislation in the sphere of protection against discrimination
More information & Contacts
http://www.kzd-nondiscrimination.com/layout/
+3592/ 807 30 30
kzd@kzd.bg
Protection against Discrimination Commission
Dragan Tsankov blvd. No. 35
Sofia 1125
Bulgaria