Jallow v. Bulgaria

J moved from the Gambia to Bulgaria after marrying A.P., a Bulgarian national. Once in Bulgaria, A.P. subjected J to physical and psychological violence, including sexual abuse, and attempted to force her to take part in pornographic films and photographs. He also abused their daughter, M.A.P. A.P. called the Child Protection Department to stop J from breastfeeding M.A.P, during which onsite visit the social workers learned of A.P’s abuse, called the police and advised J to seek refuge but provided no guidance about where or how to do so. J found refuge for several days in an NGO-run shelter, but A.P. later found her and forced her to return to the family home. Prosecutors refused to continue investigating the alleged domestic violence due to insufficient evidence. At no time did the authorities interview J. Later, A.P. filed an application with the Sofia Regional Court alleging him being a victim of domestic violence and requesting an emergency protection order. The Court granted the order, along with temporary custody of M.A.P, based solely on his statement and without consideration of the alleged domestic violence he committed against J. Authorities did not provide J with information about M.A.P’s whereabouts or her condition, despite repeated requests. The Court dismissed A.P.’s application for a permanent protection order but the emergency order remained effective. J later agreed to a divorce, including to numerous unfavorable conditions, to regain her custody of the daughter. J submitted a communication before the CmEDAW on behalf of M.A.P. and herself alleging violations by Bulgaria of Articles 1, 2, 3, 5 and 16 (1)(c), 16(1)(d), 16(1)(f) and 16(1)(g) of CEDAW by failing to provide effective protection against domestic violence and sanction A.P. for his behavior, to consider domestic violence as a real and serious threat, to adopt effective measures to address gender-based violence against women, gender discrimination and to provide illiterate migrant woman as herself to access justice. The Committee upheld all her claims, urged Bulgaria to compensate J and M.A.P, and recommended that the State Party adopt measures to ensure that women victims of domestic violence, including migrant women, have effective access to justice and other services. It also called on the State Party to provide regular training on CEDAW and the Optional Protocol and to adopt legislative and other measures to ensure that domestic violence is taken into account in determining custody and visitation rights of children.