Controversial New Law and What It Means: Bulgaria Outlaws LGBTQ+ 'Propaganda'

On August 7, Bulgarian deputies swiftly passed new amendments to the Law on School and Preschool Education, banning the promotion of what they term as "non-traditional sexual orientation" in schools. The debate lasted over four hours as lawmakers deliberated on the definition and implications of such propaganda. The proposed changes, spearheaded by the pro-Kremlin nationalist party "Revival" (Vazrazhdane), were fast-tracked through both readings in a single plenary session. The amendments, which were defined in part by a Wikipedia entry cited by the democratic coalition representative Elisaveta Belobradova, outlaw any form of propaganda regarding non-traditional sexual orientation, though specific instances of such propaganda in Bulgarian schools have not been provided.

The changes, described by some non-governmental organizations and MPs as discriminatory and conflicting with both European and Bulgarian human rights legislation, echo similar restrictions recently enacted in Russia. The new provisions were supported by "Revival" as well as other parties including GERB, the Bulgarian Socialist Party (BSP), "There Is Such a People" (TISP), and various factions of the Movement for Rights and Freedoms (DPS). Despite objections from "We Continue the Change - Democratic Bulgaria" (WCC-DB), which saw seven deputies vote against the first reading and 33 in opposition during the second, the bill passed with a significant majority.

Critics argue that the legislation's ambiguity around what constitutes "propaganda" and "popularization" of non-traditional sexual orientation could hinder educational functions and the objective presentation of knowledge. The proposed law forbids the imposition of ideological or religious doctrines, political activities, and any form of promotion or incitement regarding non-traditional sexual orientations or gender identities different from biological sex.

Proponents of the bill, such as Daniel Prodanov from "Revival," contend that it is necessary to protect traditional values and family institutions from what they see as harmful propaganda. Yordan Tsonev from DPS echoed these sentiments, arguing that the education system should not be used to promote tolerance for different sexual orientations. Former education minister Krasimir Valchev from GERB supported the bill but acknowledged the need for editorial adjustments, while also advocating for the inclusion of religious education in the curriculum.

Critics of the bill, including Elisaveta Belobradova, argue that it represents "cheap populism" rather than addressing any real issues within the educational system. Belobradova and other opponents suggest that the bill creates a dangerous precedent that contradicts fundamental human rights principles and European standards. They also point out that the definition of "non-traditional sexual orientation" included in the bill appears to be derived from a Wikipedia entry and lacks legal clarity.

During the legislative debate, former BSP leader Kornelia Ninova invoked past attempts to reject "gender ideology" and criticized the introduction of what she considers discriminatory content. She also referenced materials on sexual health found in schools, although specifics were not provided. In response, Georgi Georgiev from GERB highlighted that the new legislation could set a troubling precedent, potentially conflicting with European human rights conventions and Bulgarian constitutional provisions.

Overall, the rapid passage of the bill has sparked significant controversy and debate, raising concerns about its impact on educational practices and human rights in Bulgaria.

Civil rights organizations have voiced strong objections to recent parliamentary actions in Bulgaria, alleging that the new law infringes upon fundamental human rights protected by the European Convention on Human Rights and UN conventions. The controversial legislation, which restricts the rights of the LGBTQ+ community, has sparked significant backlash, including a protest organized on social media that took place on "Nezavisimost" square in Sofia last night.

Lawyer Denitsa Ljubenova, representing the Youth LGBTQ+ Organization, highlighted that the new law bears resemblance to similar measures enacted in Russia. The Bulgarian Helsinki Committee (BHC) has also condemned the law, labeling it as homophobic and warning that it could lead to a "witch hunt" and undermine freedom of expression.

According to BHC, the new legislation conflicts with Directive 2006/54/EC, which mandates anti-discrimination measures in the workplace, including educational institutions. This directive is part of EU law, which must be adhered to alongside the Charter of Fundamental Rights (HOPES), which protects sexual orientation and gender identity. The BHC argues that the bill contravenes both the Bulgarian Constitution and EU law, and it is expected that it might eventually be overturned either by the Constitutional Court or the European Court of Human Rights.

Radoslav Stoyanov, co-chairman of BHC, criticized the bill for violating basic human rights and legal norms of higher authority, such as the Constitution and international treaties. He expressed concern that the bill's implementation could lead to legal challenges, potentially involving violations of higher legal standards and discrimination.

The BHC also accused the proponents of the bill of spreading misinformation and hate propaganda. They argued that several statements made during the parliamentary debate were scientifically and legally inaccurate, and that the legislative process had been marred by falsehoods and selective ignorance.

The new definition of "non-traditional sexual orientation" introduced in the bill contradicts the existing definition in the Law on Protection from Discrimination (LPD), which recognizes heterosexual, homosexual, and bisexual orientations. The BHC notes that recent amendments to the Penal Code have broadened the scope of legal protections against discrimination based on sexual orientation.

The Constitutional Court's Decision No. 15 of October 26, 2021, affirmed that individuals who experience a disconnect between their anatomical sex and gender identity are entitled to self-identify and express themselves in society. This decision underscores that such rights are protected under both the ECHR and the Bulgarian Constitution, reinforcing that the new law's restrictions on freedom of expression also contravene constitutional guarantees.

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