Законът за защита срещу домашното насилие — пробив в разделението между публична и частна сфера при защитата на правата на човека в България
The New Law on Protection against Domestic Violence in Bulgaria as a Break-through into Patriarchal Stereotypes and the Public/private Divide in...

Summary/Abstract: The New Law on Protection against Domestic Violence in Bulgaria as a Break-through into Patriarchal Stereotypes and the Public/private Divide in the Protection of Human Rights / This article presents domestic violence as one of the forms of violence against women and of the violation of women's human rights. After analyzing the main characteristics of the phenomenon in Bulgaria and the main provisions of the Constitution that are relevant to domestic violence, the article focuses on the new legislation. The Law on Protection against Domestic Violence, adopted on March 16, 2002 is regarded as a major achievement due to the following features: it introduces a quick procedure before the court for issuing protection orders; it contains a range of restraining and protective measures, enhancing the role of the police for the protection of victims of domestic violence whose life or health has been threatened; and it guarantees implementation of the protection orders, introducing state responsibility for the prevention, protection and rehabilitation of victims, in cooperation with nongovernmental actors, etc. A critical approach is adopted towards the persisting public/private divide in criminal law, which is an obstacle to the effective protection against domestic violence. Therefore, despite the progress achieved with the new law, it is suggested that its effective implementation needs other legislative changes in the fields of criminal, civil and administrative law.

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