S. V. P. v. Bulgaria

S filed a complaint on behalf of her seven-year-old daughter, V, who was sexually assaulted by a neighbor. The perpetrator, B, was indicted for sexual molestation, at which time, was not a ‘serious crime’ under the State’s criminal code and thus permitted B to enter into a plea-bargain agreement under which he admitted guilt and received a three-year suspended sentence. S brought a civil tort claim on behalf of V as she was not permitted to bring a civil claim against B in connection with B’s prosecution and received a judgment of approximately EUR 15,000 for moral damages two years later. The law did not provide for a state actor to enforce the judgment, and S was only able to collect approximately EUR 500 from B. B continued to live in the vicinity of V’s home, and she repeatedly expressed fear of further harm from him. After the assault, V was diagnosed as a person with disability. S brought a communication before the CEDAW alleging violations by Bulgaria of Articles 1, 2(a), (b), (c), (e), (f) and (g), 3, 5, 12 and 15 of CEDAW by failing to effectively protect V against sexual violence and compensation, to ensure V’s rights to health, including reproductive health and education, to provide V with proper rehabilitative services, and to guarantee V’s right against re-victimization by B. The Committee upheld all of S’s claims, ordered the State to provide V with appropriate reparations and addressed the State to adopt specified changes to State laws, including amendments to provide effective protection from re-victimization and to provide appropriate support and financial compensation to victims, and enact new policies, including health care protocols and hospital procedures, to address sexual violence against women and girls.



Avon Center work product