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.
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