Using monitoring reports for advocacy

Strategies for monitoring the application of domestic violence legislationWorkshop for civil society organizations

Sofia, October 4-7, 2010

MILENA KADIEVABGRF-Plovdiv branch

Collection of data on the costs of violence

The economic cost of VAW as a concern for the Governments - the obligation to formulate policies and implement programmes, plans and strategies that effectively contribute to the achievement of economic and social development goals in their countries

The role of the CSOs/NGOs for collecting data on the costs of VAW - taking steps to strengthen Governments’ accountability to ensure that economic and social development process have gender-sensitive outcomes

Collection of data on the costs of violence The pending research on “Legislation and practice on VAW -

domestic violence, sexual violence and sexual harassment; State accountability and budget implications of VAW - opportunities for introducing mechanisms for effective protection, legislative changes and gender responsive budgeting, with the aim to achieve compliance with universal and regional international standards in the field - the case of Bulgaria, with examples from the region of South-Eastern Europe and the Caucasus”

The reasons to conduct such a research

Research description

Strategic use of monitoring reports to support changes in the law

Lobbying for adoption of gender sensitive laws and regulations

- the Law on Trafficking in Human Beings (2004)

- the Law on Protection against Discrimination (2004)

- the Law on Protection against Domestic Violence (2005)

- the Regulation for implementation of LPADV (2010)

- the Draft act on equal opportunities for women and men

Lobbying for amendments in the existing legislation

- the Law on Protection against Domestic Violence (2009)

- the Penal Code (2009)

- the Draft law on guns, explosions and firearms (2010)

Strategic use of monitoring reports to support changes in the law

Impact litigation based on the data obtained through monitoring and used for provoking and supporting changes in the law- National litigation (LPADV; LPADiscrimination)- CEDAW Communication No20/2008- Elkina v. Bulgaria (March, 2009)- Ayshinova v. Bulgaria (September, 2009)- Kostadinova v. Bulgaria (October, 2010)- Meyrelles v. Bulgaria (October, 2010)- Collective complaint to the EC (July, 2010)- Possible Collective complaints to the EC or under the European Social Charter (revised) - the LPADV budget

Strategic use of monitoring reports to support changes in the law

The use of Media

- dissemination of the monitoring reports and their findings

- national and local campaigns supporting the lobbying process for adoption of gender sensitive laws and regulations

- national and local campaigns supporting the lobbying process for amending the existing legislation

- press-conferences for disseminating the outcomes of the national, regional and international impact litigation

Strategic use of monitoring reports to support budget allocations for the implementation of DV legislation

The use of monitoring findings to demonstrate the need for introducing mechanisms for effective protection, legislative changes and gender responsive budgeting, with the aim to achieve compliance with universal and regional international standards- the Constitution of 1991, Art. 5 (4): “Any international instruments which have been ratified by the constitutionally established procedure, promulgated and having come into force with respect to the Republic of Bulgaria, shall be considered part of the domestic legislation of the country. They shall supersede any domestic legislation stipulating otherwise.”- the CEDAW (GR No19/1992), the ICCPR (GC No28/2000), the ICESCR (GC No16/2005), the ICERD (GC No25/2000)- the VDPA, the DEDAW- the ECHR- the Charter of fundamental rights of the European Union

Strategic use of monitoring reports to support budget allocations for the implementation of DV legislation

Reliable research on the economic cost of VAW and its prevalence rates as an absolute necessity for holding the States accountable for non-implementation of DV legislation

- the VDPA, the DEDAW

- UN Resolutions of 2006, 2008

- the Council of Europe recommendation 1450 (2000)

- the Council of Europe Resolutions 5(2002), 1582 (2007), 1817 (2007)

- the PACE resolution 1512 (2006)