Rethinking the Judiciary for LGBTQI+ Rights in Bulgaria

A rethinking of practices in the Bulgarian judicial system is necessary, especially in the Constitutional Court, to guarantee equal rights for Bulgarian citizens with those in other European countries. This view was expressed by Teodor Slavev, program director at the Bulgarian Institute for Legal Initiatives, in an interview for BTA.

Slavev is a moderator of an international conference dedicated to the rights of LGBTIQ+ people in Europe. The event is taking place today at the French Institute in the capital. Participants are gathering in an atmosphere of increased interest in the problems of human rights in Bulgaria and Europe.

The forum is of essential importance, as it provides an international perspective on the situation and analyzes the Bulgarian context in the context of the standards for the rule of law, human rights, and the situation of LGBTIQ+ people in Bulgaria, Slavev emphasized. According to him, the situation is worsening, considering the normative framework and the practices of the courts and the Constitutional Court, which do not correspond to the decisions of the Court of Justice of the European Union and the European Court of Human Rights. There is an obvious increase in the tension felt in the corridors of the Institute.

It's not about imposing propaganda or ideologicalization of children or other people, but about solving specific problems of people who are a real part of everyday life, said Slavev. He cited as an example issues related to the healthcare of people in same-sex couples, including their children, inheritance, and social protection. Whispers of approval are heard from the attendees, who apparently find these issues urgent.

One of the important aspects being discussed at today's forum is the connection between public attitudes related to the acceptance of certain rights and the normative framework, which is constantly changing, noted Slavev. In Europe, the situation is diverse - there are countries like Latvia, where the judiciary is more advanced in guaranteeing the rights of LGBTIQ+ people, before society has fully accepted them or there are any concerns on this issue, while in other countries, progress is slower, the analyst commented.

He emphasized the categorical position of the European Commission, the Court of Justice of the EU and the European Court of Human Rights that a state cannot take away rights guaranteed in another state when it comes to people with different sexual orientations. "What we need to do is to comply with the applicable European law," said Teodor Slavev. According to him, however, this is not happening mainly because of the political discourse in Bulgaria. According to the political scientist, such hate speech, such scenarios and strategies for dividing society, for creating artificial enemies, and for fueling hatred towards the different are part of a network of foreign influence that aims to destabilize European societies. Anxious silence is heard as these words circulate around the hall. Bulgaria, Slavev emphasized, is vulnerable to such influences, which are used not only here but also in the US and other Western countries. The difference, however, is that there institutions and civil society are better prepared to respond to such attacks.

Slavev added that certain political forces in the country are exploiting public tension by exacerbating it in order to gain political dividends. "But this is a very short-term strategy, which in the long run leads to even greater distrust, including towards the parties that promote hate speech," said Slavev.