Discrimination

What is discrimination?

Discrimination is a phenomenon that disrupts the natural balance between people by placing them in unequal positions and disregarding recognised rights and freedoms.

It may be based on sex, race, nationality, ethnic origin, human genome, citizenship, origin, religion or belief, education, convictions, political affiliation, personal or social status, disability, age, sexual orientation, family status, property status, and any other grounds established by law or by an international treaty to which the Republic of Bulgaria is a party.

A discriminatory act is a tortious act, i.e., unlawful harm.

Every form of discrimination is illegal and contrary to the principles of equality and fairness. Bulgarian legislation does not allow any restriction of rights or creation of privileges based on the grounds listed above.

Where is protection against discrimination regulated?

01. European Convention for the Protection of Human Rights and Fundamental Freedoms

Proclaims equality and fairness in relations between people as the foundation of modern civilised European society (ECHR).

02. Constitution of the Republic of Bulgaria

Affirms the inadmissibility of discrimination, which is incompatible with the fundamental principles of a developed democratic society. (Constitution of the Republic of Bulgaria).

03. Protection against Discrimination Act

As a special law, it further develops the principles adopted by the Convention and the Constitution and contributes to preventing all forms of discrimination. All persons have the right to equality of treatment, equal opportunities for participation in public life, and effective protection against discrimination.

The law aims to ensure for all individuals the right to equality before the law, equal treatment, equal opportunities for participation in public life, and effective protection. At present, a well-developed framework of this protection is in place, guaranteeing the unequivocal supremacy of the recognized fundamental human rights and freedoms.

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What should I do if I become a victim of discrimination?

Any person who has become a victim of such an act may protect their rights through the procedure established by law. It should be noted that legal entities may also benefit from protection when it concerns their members or employees.

Bulgarian legislation provides protection before the courts and before the Commission for Protection against Discrimination. These are two alternative remedies from which affected persons may choose. The Commission may be seized through complaints and signals by citizens and/or legal entities, as well as on its own initiative.

After reviewing the factual circumstances of the specific case, the Commission initiates proceedings for protection against discrimination. During the proceedings, it is established whether discriminatory conduct exists within the meaning of the law, and the measures provided by law may be imposed.

Referral to the Commission is not mandatory. Protective action may also be taken directly before the courts.

This is done by filing a claim before the competent district court seeking:

  • establishment of the violation;
  • ordering the defendant to cease the violation and restore the previous situation, as well as refrain from future violations;
  • compensation for damages.

After completion of proceedings before the Commission, if discrimination has been established, a compensation claim may still be brought before the court.

In that case, the court does not establish discrimination again, but relies directly on the Commission’s decision.

Compensation for pecuniary and/or non-pecuniary damages

Violation of rights or lawful interests may result in pecuniary and/or non-pecuniary damages. The law provides compensation for all damages that are a direct and immediate consequence of the violation.

Pecuniary damages are specific material losses or a failure of the expected increase in property. For this reason, their amount may be determined precisely – for example, lost remuneration due to discriminatory dismissal or expenses directly related to the discriminatory act.

Non-pecuniary damages include suffering, anxiety, pain, distress, and similar harm. They cannot be objectively measured, as they belong to the emotional sphere of the injured person. They are usually proven through witness testimony. The court determines compensation for non-pecuniary damages on the basis of fairness. By its nature, discriminatory conduct constitutes a serious violation of the principles of a democratic and civilised society.

Discrimination is not tolerated, and every victim should exercise and protect their lawful rights and receive the compensation due. If you have become a victim of discrimination, you may contact delikti.bg for consultation. Consultation may be free of charge if the lawyer determines that the statutory requirements are met. According to the Legal Aid Act, a lawyer may provide free legal assistance and cooperation to persons entitled to maintenance, financially disadvantaged individuals, as well as relatives, close persons, or other legal professionals.

Rayonen Sud Ruse Coat of Arms

District Court – Ruse

Workplace accident cases

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37 CASES

Filed during the period 2016 – 2018

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BGN 42,925

Average amount of compensation for 2016

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≈ 8 months

Average duration during the period 2016 – 2018

South Burgas District Coat of Arms

District Court – Burgas

Workplace accident cases

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21 CASES

Filed during the period 2016 – 2018

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BGN 19,231.50

Average amount of compensation for 2016

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≈ 11 months

Average duration during the period 2016 – 2018

Rayonen Sud Varna Coat of Arms

District Court – Varna

Workplace accident cases

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28 CASES

Filed during the period 2016 – 2018

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BGN 29,660

Average compensation awarded in 2017 ≈ 8 months

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≈ 11 months

Average duration during the period 2016 – 2018

Rayonen Sud Plovdiv Coat of Arms

District Court – Plovdiv

Workplace accident cases

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93 CASES

Filed during the period 2016 – 2018

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BGN 49,625

Average amount of compensation for 2016

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≈ 10 months

Average duration during the period 2016 – 2018

Rayonen Sud Sofia Gerb

Sofia District Court

Workplace accident cases

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182 CASES

Filed during the period 2016 – 2018

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BGN 34,318.10

Average compensation awarded in 2018

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≈ 12 months

Average duration during the period 2016 – 2018

Rayonen Sud Ruse Coat of Arms

District Court – Ruse

Cases for bodily injuries

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30 CASES

Filed during the period 2016 – 2018

Icon Money Bag4

BGN 5,950

Average amount of compensation for 2016

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≈ 9 months

Average duration during the period 2016 – 2018

South Burgas District Coat of Arms

District Court – Burgas

Cases for bodily injuries

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29 CASES

Filed during the period 2016 – 2018

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BGN 4,300

Average compensation awarded in 2018

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≈ 8 months

Average duration during the period 2016 – 2018

Rayonen Sud Shumen Coat of Arms

District Court - Shumen

Workplace accident cases

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20 CASES

Filed during the period 2016 – 2018

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BGN 25,256

Average amount of compensation for 2019

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≈ 8 months

Average duration during the period 2016 – 2018

Rayonen Sud Pleven Coat of Arms

District Court - Pleven

Workplace accident cases

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5 CASES

Filed during the period 2016 – 2018

Icon Money Bag4

BGN 67,455

Average amount of compensation for 2019

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≈ 8 months

Average duration during the period 2016 – 2018

Get Your Compensation

You can reach us by phone at: +359 883 333 797 or by booking an appointment.
If our team is able to take on your matter, you will be notified in writing by email and your consultation request will be confirmed. Free legal aid is provided only in cases where the injured parties meet the requirements under the Bar Act..
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