PROTECTION FROM DISCRIMINATION


      Before we clarify how we can defend against discrimination, we must have a clear idea of ​​what the legal definition of the concept is and what it characterizes. The word "discrimination" derives from the Latin "discriminatio" - "making a difference". Discrimination occurs when a person or group of persons is perceived on the basis of class, category, race, ethnicity, religion, sexual orientation, species, etc. instead of his / her personal qualities. For discriminatory treatment, we can speak when there is a different, unequal and irrational formal or informal separation of individuals into their own general attribute, giving them or taking away any rights, obligations, opportunities, spreads of the group to which they belong.
         In Bulgarian law, the criteria for discrimination, the means of protection against it and the sanctions to be imposed after the indisputable establishment are laid down in the Protection against Discrimination Act. In Art. 4, para. (1) of the same Act lists the characteristics and, in particular, sex, race, nationality, ethnicity, human ghoul, nationality, origin, personal or social status, disability, age, sexual orientation, marital status, established by law or by an international treaty to which the Republic of Bulgaria is a party.
        We have to bear in mind that the division of individuals by rationality is not dis- cimination. For example, according to the Protection against Discrimination Act, there is no gender discrimination (any act of crediting or damaging an individual for opportunities, privileges or remuneration solely on the basis of his / her sex, where this is not necessary due to essential and determining requirements). the basis of their sex in the context of a profession carried out in religious institutions or organizations where, by reason of the nature of the occupation or the conditions in which the sex occurs, it is an essential and defining occupation requirement in view of the nature of the entity or organization).
        In legal peace, we distinguish between the following types of discrimination: racial (establishment of unfair torture of persons based on real or imaged racial categories); sex; homophobia (underlying and negative action directed against persons with same-sex or heterosexual sexual orientation - hetero, homo or bisexual); religious (establishing an unfair attitude towards persons or groups of persons based on their religious beliefs or belongings); disadvantageous situations (such as non-acceptance of work, non-acceptance in social and cultural groups, misconduct, media misconduct, etc.), as well as provision of support mechanisms (eg, ramps for disabled people, translation for deaf people, .) to disadvantaged people); species discrimination (attribution of rights or respect for individuals solely on the basis of their species - often used by nature conservationists); (unequal treatment of individuals based on their age - eg companies and organizations that prefer to recruit young employees at the expense of older people, regardless of their experience and professional qualities). The common among all types of discrimination is the attitude in which individuals or a group of persons are treated as inferior and the attitude towards them is less favorable.
          There are two ways of protecting citizens from discrimination: by inviting the Commission for Protection against Discrimination and the Judiciary - the procedure is in the general order. Pursuant to the Protection against Discrimination Act, the Commission is the main body that observes the observance of the requirements and the application of the sanctions set out in the legislation. The proceedings before it are initiated by a complaint of the person concerned, an initiative of the Commission or an alert of legal and natural persons, to state and municipal authorities. According to Art. 51, para. 1 of PfDA. The complaint or signal shall be filed in writing and, when written in a foreign language, shall be accompanied by a translation. Only persons with capacity to act have the right to lodge a complaint, ie those to whom the law recognizes a lawful will (those who have reached the age of majority who are not under guardianship). When making a complaint, the following requirements must be taken into account: it shall state in a brief, clear and consistent manner the circumstances on which it is based - when, where, by whom and with what specific actions or omissions of the said person (s) the alleged discrimination . According to Art. 51, para. 3 of PfDA. anonymous complaints and alerts are not considered. The complaint or alert may also be sent by e-mail, but is considered to be filed only if signed with an electronic signature.
          The Commission shall examine the complaint within thirty days as the legal and factual complexity of the case may be extended
 


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PROTECTION FROM DISCRIMINATION PROTECTION FROM DISCRIMINATION