On 23 April 2025, a district court in Stara Zagora, Bulgaria, awarded substantial damages to Tanya Petkova, a woman with psychosocial disabilities, for repeated periods of psychiatric detention and coercive practices violating her dignity and autonomy and for the trauma inflicted upon her. The decision is a rare judicial acknowledgment of the impacts of intersecting discrimination on the bases of disability and gender, in alignment with international human rights law. The court awarded her BGN 15,000 (approx. 7000 Euros) for non-pecuniary damages.
Tanya has been subjected to multiple instances of gender-based violence throughout her life. She was repeatedly hospitalised in a psychiatric institution, where her prior experiences of trauma were systematically disregarded by medical personnel. Rather than receiving trauma-informed care, she was administered electroconvulsive therapy on several occasions without anaesthesia. This treatment, conducted in disregard of her vulnerability and without appropriate safeguards, caused her profound physical and psychological suffering and resulted in long-term trauma.
The Court found that the obligation of psychiatric hospitals to provide specially designed services for women with disabilities who became the victims of gender-based violence and referred to the UN Convention on Elimination of all Forms of Discrimination Against Women (UN CEDAW) and to the United Nations Convention on the Rights of Persons with Disabilities (CRPD). The court emphasised that the applicant faced intersectional discrimination and recognised that her experience was shaped by the joint impact of both gender and disability. The court also underlined that the hospital had not provided gender-sensitive training for healthcare workers that would enable them to recognise and appropriately address the effects of gender-based violence. Women with disabilities, who face a disproportionate risk of gender-based violence, have a right to health services that consider their specific needs and respect their dignity and human rights – stated the court.
As Tanya reflects, her case demonstrates that women with disabilities can defend their rights in court because the truth can be a powerful force in the pursuit of justice:
“Apparently, the truth really does disarm. Honesty and sincerity say much more than carefully chosen words. I remained calm while answering the judge’s questions because I knew I was telling the truth. My lawyers and I cooperated fully. We achieved what many thought impossible — a woman who had spent 20 years in various psychiatric institutions found the courage to bring a case against the most abusive among them.”
Tanya – in the photo above – requested damages in court and an acknowledgement that she had been exposed to inhuman and degrading treatment. The national court found that the hospital breached her right to free and informed consent. It also found that she had been deprived of her liberty in a closed psychiatric ward, humiliated, and kept in poor conditions. The domestic court relied on the European Convention on Human Rights and found violations of several articles of this Convention.
Tanya’s lawyer, Vladimir Mirchev, reflects on the impact of this victory in mental health and human rights legal practice in Bulgaria:
“We hope that this decision will not remain isolated and that the fair judgment will inspire more people who have suffered from ill-treatment in psychiatric hospitals will seek their rights in court. As we know, in Bulgaria, there are more than one or two cases of people who have suffered or lost their lives in psychiatric hospitals, and the establishment of positive judicial practice against the conditions in these medical institutions is part of the path that must be taken to change the state’s policies in respect of psychiatric care.”
This case reflects the ongoing struggle of women with disabilities in Bulgaria, who have long fought for recognition and justice. Achieving lasting, systemic change will require continued efforts — and Tanya, working alongside human rights lawyers, remains committed to this cause.
The case was litigated jointly by Validity and its Bulgarian partner, the Network of Independent Lawyers (NIE).
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