Bulgaria's LGBTQ+ 'Propaganda' Ban: A Call for Action to Safeguard Human Rights and Equality

Introduction

The Bulgarian Parliament on August 15th adopted the amendment of Preschool and School Education Act to ban “propaganda” regarding LGBTQ+ community in schools which was celebrated as a “historic breakthrough”.

The law amended Bulgaria’s Preschool and School Education Act, the legislation governing the country’s schools, to exclude language that promotes “propaganda” about “non-traditional sexual orientation” which is defined as “different from the generally accepted and embedded in the Bulgarian legal tradition concepts of emotional, romantic, sexual or sensual attraction between persons of opposite sexes.” Protestors came out on the street denouncing the amendment which provoked growing indignation in the country. The amendment has received widespread criticism for being anti-LGBTQ+ and has been called an attack on the rights of children.

The opposition to the law went up even before it had been passed, with considerable opposition coming from the European Democratic Party (EDP) in the Renew Europe group in the European Parliament. The LGBTQ+ Intergroup urged European Commission President Ursula von der Leyen to "condemn without delay" the situation in Bulgaria. They asked Equality Commissioner Helena Dalli to respond to the legislation, which they said "is a direct attack on the LGBTQ+ community, especially on young people."

Several civil society groups have also protested by asking the Commission to take concrete measures, referring the government to infringement procedures. Notably, Forbidden Colours, one of the most prominent human rights organizations in the country, has asked for a freeze on EU funds designated to Bulgaria's education and culture sectors in view of the legislative process. Ilga-Europe - another NGO - has been vigorously vociferous in criticizing the new legislation, urging Brussels and other member states to follow the suit.

Modelling of law on Hungarian and Russian laws

The anti-LGBTQ+ legislation shares a high incidence of similarity with the 2021 Hungary law which banned discussions of homosexuality in front of minors under the garb of combating paedophiles when there seems to be no nexus between discussion of homosexuality and paedophilia. Russia’s State Duma passed a similar legislation in 2013 that restricted freedom of expression regarding sexual orientation and gender identity in front of children. The ban “protected children from ‘propaganda’” that prohibited even positive or neutral discussion of non-heterosexual relations as the “information [would be] harmful to children’s health and development”. This led to blocking of websites and other online platforms information regarding LGBTQ+. The 2013 law was denounced by the UNHRC as “ambiguous, disproportionate and discriminatory”, adding that “[it is a] blanket restriction of sexual orientation.”

The Bulgarian amendment was proposed by the pro-Russian far-right party Vazrazhdane, which was later adopted with a majority of 159 votes, receiving 22 in opposition and 13 abstentions. The adoption of the amendment was justified due to “unacceptable normalization of non-traditional sexual orientation”. Moreover, the upcoming elections have added to the growing hostility towards the LGBTQ+ community and this legislation is seen as a political tool to appease the far right in the election.

One crucial theme running across these legislations is that they are weaponized by the government to stifle LGBT conversations and debates, and they clearly violate the right to freedom from discrimination and to transfer of information, especially with regard to children. The differential attitude with respect to sexual orientation is highly unacceptable since it puts same-sex relationships at a lower pedestal than “traditional sexual orientation”.

International Obligations of Bulgaria

Bulgaria is a member of the European Union (“EU”) and such legislation calls for intervention by the European Commission. The legislation not only affects LGBTQ+ but can also create a tense environment for children, in general, and to those belonging to the community as they can be subjected to bullying, harassment and increased health-related risks that directly contravenes the minority rights and uniformity of EU law.

In Koilovo and Babulkova v Bulgaria, the European Court of Human Rights ("ECtHR") recognized that Bulgaria had no scheme through which same-sex relations could officially be recognized, thus affecting and interfering with an individual's personal and family life pursuant to Article 8 of the European Convention on Human Rights ("ECHR"). The Court noted that the state is under a positive obligation to ensure legal recognition and protection for same-sex couples, holding insight into a clear European trend in that regard.

While Bulgaria pointed out that according to its constitution, marriage was defined as being between a man and a woman, and called for a transformation in legislation to be proportional to the changes the society has undergone, the Court ruled that the state had overstepped its margin of appreciation through not establishing any framework of laws relative to same-sex unions.

In addition to it, the European Commission’s 2024 Rule of Law report highlighted the non-compliance of Bulgaria’s legislation in terms of lack of civil society consultation, conduct of impact assessments, and assessment of compliance with the EU law.

Article 10 of the Treaty of the Functioning of the European Union (“TFEU”), and Article 2 and 3 of the Treaty on European Union (“TEU”) establish the principle of equality and the prohibition of discrimination on the basis of sexual orientation. EU’s Charter of Fundamental Rights was the first international human rights charter that prohibited discrimination on the grounds of “sexual orientation”, as under Article 21(1). In 2024, Bulgaria ranks as the third-worst country in the EU for LGBTQ+ rights protections, trailing only Romania and Poland, according to ILGA-Europe, an LGBTQ+ advocacy group that annually assesses the state of LGBTQ+ rights across Europe.

Pertinent to Bulgaria’s recent legislation, it is crucial to highlight that the ECtHR in Macaté v Lithuania, held that when restrictions on the availability of information concerning homosexual relationships to children are justified by reference to sexual orientation alone and without there being any other justification to hold that the material in issue is obscene or otherwise injurious to the development of children, such restrictions pursue no legitimate aim under Article 10 and 2 of the Convention, and, accordingly, breach Article 10 which guarantees freedom of expression.

Amidst these positive strides taken by the European Union in the direction of equality, Bulgaria remains significantly aloof from it. Bulgaria is one of the few EU Member States that has constitutional provisions against same-sex marriage. The refusal of Bulgaria to allow same-sex couples to marry,  deprives them of certain benefits covered by the Employment Equality Directive of the EU, thus being a discriminatory practice.

Way Forward

The Hungarian law prompted the European Commission to launch infringement proceedings for violating Article 2 of the Treaty on European Union (TEU), Bulgaria’s recent amendments, similar to it, which bans LGBTQ+ “propaganda” in schools, represent a violation of human rights and places an undue burden on the LGBTQ+ community.

Given the incompatibility of such law with Article 8 and Article 10 of the ECHR, Bulgaria must be taken to infringement proceedings as well. In fact, such laws violate freedom of expression and the right to private and family life of the persons concerned, thus creating a loop of discrimination and exclusion of the LGBTQ+ population. Bulgaria is failing to meet its obligations by denying legal recognition and protection to LGBTQ+ relationships, under international human rights law, and action by the European Union is necessary to ensure that the rights of LGBTQ+ individuals are upheld.