How can I protect myself from sexual harassment?

What is sexual harassment?

Sexual Harassment is any unwanted act of a sexual nature, regardless of the way it is expressed - verbally, physically or otherwise. Sexual harassment has different manifestations - it can be carried out both through personal actions of the perpetrator, and through social networks and any other means of communication.

Sexual harassment is any conduct that creates a hostile, offensive, degrading or intimidating environment, and in particular, the refusal or coercion to accept such conduct can influence decision-making affecting the individual.

Sexual harassment causes emotional instability, affects personal self-esteem, violates honor and dignity, and leads to inferiority. All possible effects essentially create unequal conditions for existence, from which the indisputable conclusion follows that all forms of sexual harassment violate the legally recognized rights of the victims.

The manifestations are countless – jokes, teasing, gestures of a clearly sexual nature, touching, invitations to have sexual intercourse, etc. Sexual harassment can be carried out at work, at school/university, on social networks, on the street, in establishments – anywhere. Anyone can be a victim of sexual harassment, regardless of gender and age.

According to European and Bulgarian law, sexual harassment is an unlawful conduct that is criminalized and punishable. The Charter of Fundamental Rights of the European Union explicitly states that no form of discrimination is permitted, "„based in particular on gender … or sexual orientation“.

The legal framework for sexual harassment in Bulgarian law is contained primarily in the Protection from Discrimination Act. Article 5 unequivocally proclaims the discriminatory nature of sexual harassment.

How do I get protection?

It is of particular and paramount importance for victims of sexual harassment to seek protection of their rights and personality in a timely manner. There are various means of protection. Along with the ways of voluntary settlement of relations, Bulgarian legislation also provides ways to forcibly stop such unlawful behavior.

In case sexual harassment occurs at work or school/university, you can contact your employer or the governing body. They are obliged to immediately examine the specific case, take measures to stop the harassment and come up with a solution to the problem.

In the event that the employer fails to act, any injured party has the right to file a complaint with the Commission for Protection against Discrimination. The Commission is obliged to issue instructions to the employer, respectively the managing body. In the event that the latter's obligations are not fulfilled, the Commission is also the competent authority to impose the relevant financial sanction.

Is judicial protection possible?

Every victim has the right to initiate legal proceedings against the perpetrator. This is done by filing a claim with the competent court for compensation for the damages incurred as a result of the unlawful conduct.

The harm that a victim of sexual harassment may suffer is mostly non-pecuniary. Such harms include feelings of shame, humiliation, fear, stress, embarrassment, embarrassment, lowered self-esteem, etc.

In court proceedings, all facts and circumstances that may be relevant to the case are subject to proof. The court assesses the factual and legal aspects of the specific case and awards compensation in an equitable manner.

In Bulgaria, the judicial practice in cases related to sexual harassment is not particularly rich. This is probably due to the misconception that acknowledging the existence of sexual harassment is something shameful and undermines authority. Far more unpleasant and threatening, however, is the hypothesis in which such behavior remains unpunished.

At the beginning of 2020, the startling statistic was published that 33% of women in the European Union had been victims of sexual harassment. The data was released by the European Commission at the presentation of the equality strategy between men and women in Europe.

If you have found yourself in the uncomfortable position of a victim of sexual assault of any kind, do not hesitate to defend yourself and your rights. Contact us and we will provide you with effective legal assistance. The topic of "sexual harassment" is not something to be ashamed of or a taboo subject. It is a problem that must be solved.