Monitoring the Legislation on DV and its implementation,

Human Rights Fact Finding and Reporting

Goals and objectives, initial considerations and impact

Genoveva Tisheva- BGRF

• Monitoring as a requirement of the international law: CEDAW, DEVAW, European documents.

• NGOs complementing the official monitoring where existing

• providing alternative data• replacing the State in this task• as a tool for provoking the changes needed in the field of

VAW• fact finding and monitoring of legislation as a qualitative

method, to be combined with quantitative data and official and private statistics

Experience of the BGRF and the AHR in monitoring the legislation

in Bulgaria:

• 1996- first fact finding mission and report of the AHR • The goal was to identify the gaps and the need for

new legislation and practice of victim protection -triggered the processes of conceptualizing legislation in Bulgaria and of the work with victims of DV

• 1998-2002- monitoring the legal practice by the BGRF- it brought to the drafting of the DV law

• The LPADV was adopted in March, 2005

• 2006- Joint training by the AHR and the BGRF of legal practitioners and police- important for the identification of first gaps in legislation.

• Discussion and first request from the BGRF to carry out a project for monitoring the implementation of legislation.

• 2007- 2008- second fact finding monitoring report of the AHR and the BGRF- with the goal to identify major gaps in legislation and practice two years after the adoption of the law

Preparation and initial considerations:

• the goals and objectives defined primarily by the local partner

• reliance on local initiative

• reliance on knowledge and assessment of the situation by local actors

• considerations of cost- effectiveness and special selection of persons who accompany the monitors

• a good deal of communication work for identification of local contacts in preparation of the mission- a special kind of know- how

Principles of cooperation between the foreign and the local

partner:• mutual respect and confidence• ownership• open dialogue• combining the internal and external monitoring the best

strategy• active participation of both sides• thorough preparation, including the knowledge of

legislation and practice, preparation of the key actors in the monitoring for the tasks- the interviewers and interviewees

The importance of identification and balance of the persons to

interview:• Judges• Police• Prosecutors• Representatives of different ministries• Attorneys- at- law

• Social workers, including child protection services and psychologists

• NGO representatives• Municipalities• Media• Victims themselves for specific case studies• Using interdisciplinary meetings and seminars for gathering

relevant information, in addition to scheduled interviews

Impact of the monitoring of legislation in Bulgaria:

• publicizing the report and its main conclusions

• using the report for drafting legislation and amendments of legislation

• using the report in the campaigning and lobbying process

• the report as a basis for claiming budgetary allocations

Other ideas for using the report:

• As a basis for arguments in concrete cases- complaints before the ECtHR and communications to CEDAW Committee or other treaty bodies

• Drafting alternative/ shadow reports

• The concrete example of using the Bulgarian report

The importance of the Bulgarian monitoring report- main

directions:• Brought to the social change

• Strengthened the links between the NGOs and contributed to the Alliance for Protection against DV

• Promoted international cooperation illustrated also by the current project