Third-Sixth Periodic Report - OHCHR

UNITED ADVANCE UNEDITED VERSION
NATIONS
| | | |
|[pic] |International Covenant |Distr. |
| |on Civil and |GENERAL |
| |Political Rights | |
| | |CCPR/C/BGR/3 |
| | |18 September 2009 |
| | | |
| | |Original: ENGLISH | HUMAN RIGHTS COMMITTEE
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 40 OF THE COVENANT Third periodic report of States parties BULGARIA
[31 July 2009] C O N T E N T S
I. Introduction PART ONE II. General information PART TWO III. Information related to Articles 1- 27 of the International Covenant on
Civil and Political Rights Paragraphs Pages Article 1 ........................................................ 37-51
9-11
Article 2 ........................................................ 52-147
11-28
Article 3 ........................................................ 148-157
28-29
Article 4 ........................................................ 158-
165 29-30
Article 5 ........................................................ 166-
167 30-31
Article 6 ........................................................ 168-176
31-32
Article 7 ........................................................ 177-202
32-35
Article 8 ........................................................ 203-244
35-42
Article 9 ........................................................ 245-259
42-44
Article 10 ...................................................... 260-292
44-49
Article 11 ...................................................... 293-294
49
Article 12 ...................................................... 295-304
49-50
Article 13 ...................................................... 305-310
50-51
Article 14 ...................................................... 311-372
51-59
Article 15 ...................................................... 373-377
59-60
Article 16 ...................................................... 378-380
60
Article 17 ...................................................... 381-400
60-64
Article 18 ...................................................... 401-416
64-66
Article 19 ...................................................... 417-432
67-68
Article 20 ...................................................... 433-443
68-71
Article 21 ...................................................... 444-450
71-72
Article 22 ...................................................... 451-483
72-76
Article 23 ...................................................... 484-498
76-77
Article 24 ...................................................... 499-505
78
Article 25 ...................................................... 506-512
79
Article 26 ...................................................... 513-528
79-82
Article 27 ...................................................... 529-565
82-86 I. Introduction 1. The present consolidated periodic report of Bulgaria contains all
legislative provisions, judicial, administrative and other measures, taken
in the period after the presentation before the Human Rights Committee of
Bulgaria's second periodic report (CCPR/C/32/Add.17 15 March 1993), and
until 30 September, 2008. 2. The present report has been prepared in accordance with the Guidelines
regarding the Form and Contents of Periodic Reports from States Parties
(CCPR/C/20/Rev.1) and the General Comments adopted by the Human Rights
Committee in accordance with article 40, paragraph 4, of the International
Covenant on Civil and Political Rights (CCPR/C/21/Rev.1 and Add. 1-4). 3. The recommendations made by the Human Rights Committee following its
consideration of Bulgaria's second periodic report (CCPR/C/32/Add.17 15
March 1993) have been taken into account. 4. Included in this consolidated report are the laws and sub-normative acts
adopted during the period from 1993 to 2008 concerning the International
Covenant on Civil and Political Rights, as well as information on new
mechanisms in the field of human rights. PART ONE II. General information 5. In the period covered by this report there was an ongoing process in
Bulgaria to further improve the democratic system. In particular, further
substantive progress was achieved in the sphere of protection of civil and
political rights. 6. A number of additional measures were taken with a view to harmonizing
domestic legislation with the International Covenant on Civil and Political
Rights, as well as with other international human rights instruments. These
measures include not only domestic legislation, but also the judiciary and
administrative practices. 7. The Republic of Bulgaria is a democratic state based on the rule of law.
It is governed in accordance with the Constitution and the laws of the
country (Article 4, paragraph 1 of the Constitution of the Republic of
Bulgaria). 8. Article 5, paragraph 1 stipulates that "The Constitution is the supreme
law, and no other law shall contravene it." Paragraph 2 explicitly states
that "The provisions of the Constitution shall apply directly. 9. Each of the three branches of power (legislative, executive and
judicial) is independent of the others and relations between the
institutions are functional. 10. The Bulgarian Constitution enshrines the legal status of citizens in
conformity with a number of internationally recognized principles in the
field of human rights, in particular the principle of full equality. 11. The Constitution reiterates the human values of freedom, peace,
humanism, equality, justice and tolerance. It proclaims the recognition of,
and respect for, the equality of the individual person (the preamble of the
Constitution, also articles 4, paragraph 2, and 25 to 27). The Constitution
stipulates also that one of its principles is the equality of all citizens
before the law.
12. The principle that all persons in the Republic of Bulgaria are equal
and shall not be discriminated is enshrined in Article 6, paragraph 2 of
the Constitution. It prohibits any discrimination on grounds of race,
nationality, ethnic self-identity, sex, origin, religion, education,
opinion, political affiliation, personal or social status, or property
status. This constitutional principle has been incorporated in domestic
legislation. The Law on Protection against Discrimination[1], the Criminal
Procedure Code and the Tax Procedural Code are examples that the above-
mentioned principle has been included in domestic legislation (details
concerning the Law on Protection against Discrimination are provided under
Article 20 of the Covenant).
13. In case of a dispute between normative acts, the judicial organs shall
apply the act having a higher stature. This unambiguously means that any
form of discrimination shall be sanctioned irrespective of whether such a
criterion has been incorporated in law, or not.
14. The Constitution contains direct references to different public
spheres, which shall be regulated by law, e.g. Article 11, paragraph 3 (The
procedure applying to the formation and dissolution of political parties
and the conditions pertaining to their activity shall be established by
law); Article 16 (labour is guaranteed and protected by law); Article 17,
paragraph 1 (The right to property and inheritance shall guaranteed and
protected by law), paragraph 4 (The regime applying to the different units
of state and municipal property shall be established by law), and paragraph
5 (Forcible expropriation of property in the name of the state and
municipal needs shall be carried out only under law, provided that these
needs cannot be met otherwise, and after fair compensation has been
guarantied in advance). 15. The Constitution takes into account the existing ethnic, religious and
linguistic diversity in the country. A number of constitutional provisions
are indicative in this respect (Article 37, paragraph 1; Article 36,
paragraph 2; Article 54, paragraph 1). 16. Freedom of association is guaranteed to every citizen in the Republic
of Bulgaria. There are many legal political parties, citizens associations,
including non-governmental organizations, cultural organizations, clubs,
etc. Ethnic, religious and linguistic communities freely conduct their
activities in accordance with the Law on Individuals and Family. In this
respect Bulgaria strictly abides by the provision of Article 22, paragraph
2 of the International Covenant on Civil and Political Rights: "No
restrictions may be placed on the exercise of this right other than those
which are prescribed by law and which are necessary in a democratic society
in the interests of national security or public safety, public order (ordre
public), the protection of public health or morals or the protection of the
rights and freedoms of others..." 17. The observance of, respect