МЕЖДУНАРОДНИ СТАНДАРТИ НА ЗАЩИТАТА ОТ ДОМАШНО НАСИЛИЕ В ПРАКТИКАТА НА ЕВРОПЕЙСКИЯ СЪД ПО ПРАВАТА НА ЧОВЕКА И БЪЛГАРСКОТО ЗАКОНОДАТЕЛСТВО
INTERNATIONAL STANDARDS OF PROTECTION AGAINST DOMESTIC VIOLENCE IN THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE BULGARIAN LEGISLATION

Summary/Abstract: The publication examines the international standards for protection against domestic violence outlined in the case law of the European Court of Human Rights, focusing on the court cases against the Republic of Bulgaria and the conclusions drawn in them regarding the effectiveness of protection against domestic violence in the Bulgarian legal order, as well as the compliance of the national legal framework with these standards. For this purpose are examined the definition of domestic violence, the commission of an act of domestic violence as a form of human rights violation, the possible violations of fundamental rights in the commission of an act of domestic violence, the importance of the case law of the European Court of Human Rights from the perspective of the Bulgarian legal framework and case law, as well as the compliance of the Bulgarian legal framework with the standards thus outlined for ensuring protection of victims of domestic violence. It is concluded that the reform of the Protection Against Domestic Violence Act implemented in 2023 creates the necessary guarantees for the implementation of most of the standards set out in the case law of the European Court of Human Rights. Notwithstanding the existence of a legal framework, the Bulgarian legislator is still faced with the task of addressing two main issues – overcoming the current unequal treatment of Bulgarian citizens, despite their gender, in all aspects of protection against domestic violence, and undertaking from the national authorities of effective and timely actions over no or delayed actions.

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