In 1992, the United Nations General Assembly proclaimed 3 December as International Day of Persons with Disabilities. This is the day to support the dignity, rights and well-being of people with disabilities and their full participation in society.
The Commission for Protection against Discrimination (CPD) is involved in the problems of people with disabilities on a daily basis.
Their complaints alleging unequal treatment in various spheres of public life prevail in our institution. These people face severe daily challenges, and protection from discrimination is one of the tools that can overcome these problems.
With a responsibility towards the problems of people with disabilities, the Commission for Protection against Discrimination participates in the Disability Monitoring Board, established in 2019 under the Disability Act, in order to monitor the implementation of policies to protect the rights of this vulnerable group in the country, as well as to observe the implementation to the fullest extent of the UN Convention on Disability.
The activities of the Monitoring Council shall be administered through the administration of the Ombudsman of the Republic of Bulgaria and the Commission for Protection against Discrimination on a rotational basis for a period of two years. As of 8 July 2021, by virtue of the law, the presidency was assumed by the Commission for Protection against Discrimination.
Since the establishment of the CPD, the number of complaints based on disability is 2559.
Most often these complaints to the CPD are about inaccessible architectural environments that make it difficult for persons with disabilities. These people have the right to an accessible environment to live fully and with dignity just as much as any other citizen of our country. This is needed so that people with mobility or visual problems are not invisible, but needed. They are very rarely outside precisely because of the inaccessible architectural environment, they are not in many public buildings, in the metro, in public transport, in subways. The problems of people with disabilities are a problem of the whole society.
Under the Law on Protection against Discrimination, the CPD has the power to start addressing the issue of accessible environment for people with disabilities. The Commission for Protection against Discrimination, in fulfillment of one of its powers, at the end of 2017, on the International Day of Persons with Disabilities - December 3, launched its National Campaign “Accessible Bulgaria”. It was endorsed by the President, the Speaker of the National Assembly, numerous media outlets, and public figures.
The aim of the campaign is to provide an accessible environment for people with disabilities in Bulgaria.
The CPD has been working on it for four years. The institution also has the power to take self-investigation and to lead the overall implementation of the campaign, which is why the CPD is directly involved in this key issue.
The actual campaign began in early 2018. Members of the CPC and staff from the Regional Representatives Directorate of the Commission inspected for accessibility public buildings, labour offices and social assistance directorates, banks, notary offices, offices of utility providers, private and a number of other facilities where public services are provided. The findings point to the existence of a serious accessible environment problem.
In a March 2021 decision, taken at a regular meeting of the 9-member CPC, the Commission also focused on accessibility checks of schools and kindergartens. As a result of the issued inspection reports, 150 files were opened for checking the accessibility of the environment in kindergartens, institutions in the system of pre-school and school education and higher education institutions.
In 2021, the Commission for the Protection against Discrimination observed positive results from the accessible environment assessment activities:
- Most of the self-referral reports were prepared within the framework of the National Campaign “Accessible Bulgaria”;
- The total number of proceedings initiated in the CPC since the beginning of the campaign is over 1495;
- The number of judgments handed down in the campaign is 1289, of which 1125 have entered into force.
It should be pointed out that, in the four years that the campaign has been running, the number of our decisions relating to the campaign that have been overturned by the courts is only 10;
- More than 90 sites have been awarded certificates for their efforts and care to provide an accessible environment for people with disabilities.
In some of the decisions issued by the CPD on the campaign, discrimination on the grounds of “disability” has been established, and the respondents have been sanctioned and ordered to take the necessary actions regarding the construction of an accessible architectural environment. The CPD periodically receives information from the obliged entities on a number of decisions on measures taken by ensuring access for persons with disabilities.
The number of proceedings in which agreements have been concluded between the parties is increasing. These agreements obligate the defendant to provide an accessible architectural environment to the subject site within a specified time.
The agreements entered into are subject to monitoring of their implementation, which is carried out by carrying out on-the-spot checks or by submitting evidence (written documents, photographic material, etc.).
In cases where, after the preparation of the violation report, actions have been taken to bring the facility into compliance with the accessibility requirements, the CPC determines that there was a violation of the law at the time of the inspection, does not impose sanctions, but gives a recommendation. There are a number of cases where municipal buildings, banks, pension insurance companies, community centres, post offices, offices of private creditors, bookshops, pharmacies, reception rooms of the TELK, etc. are found to be inaccessible, in which the defendant takes the necessary actions and measures to ensure the maintenance of an accessible architectural environment during the proceedings.
Such a result is also satisfactory and in line with the objectives of the campaign.
The national campaign “Accessible Bulgaria” of the Commission for Protection against Discrimination is open-ended. It is implemented without external funding and through the efforts of the members and administration of the CPD. This form of protection of the right of access of people with disabilities is without analogue in the country.
The “Accessible Bulgaria” campaign is a priority in the work of our institution to ensure the creation and maintenance of accessibility for people with disabilities in the country, but we will not be able to solve everything on our own. We believe that the inaccessible built environment is a nationwide problem that requires the joint efforts of the state and society, of all stakeholders.
