Eurochild stands against the recent legislative changes in Bulgaria which are a threat to children's rights
Eurochild is concerned over recent legislative developments in Bulgaria that undermine children’s rights and discriminate against LGBTQI+ children and families. The recent decree signed by the President of Bulgaria represents a blatant misuse of child protection as a pretext to restrict the rights of children. We join our Bulgarian member National Network for Children and the international community in condemning these measures and asking the Bulgarian Parliament and political parties to repeal the decree.
The adopted amendments of the Preschool and School Education Act (PSEA), endorsed by Bulgaria’s President Radev on the 15th of August, are alarming. The decree prohibits “the carrying out of propaganda, promotion and incitement in any way, directly or indirectly, of ideas and views related to non-traditional homosexual orientation and/or the determination of gender identity other than biological” in preschool and school education systems. Among the legal definitions appears one of the newly introduced terms, "non-traditional sexual orientation”, which is defined as: “different from the generally accepted and enshrined in the Bulgarian legal traditions notions of emotional, romantic, sexual or sensual attraction between persons of opposite sexes".
This legislative action is a direct violation of children's rights as outlined in the United Nations Convention on the Rights of the Child (UNCRC), to which Bulgaria is a signatory. More specifically, it violates the right to "receive and impart information and ideas of all kinds" in Article 13 and the related right of "access to information" in Article 17. It also constitutes a threat to children’s rights to identity, as outlined in Article 8.
The law violates the right to education itself, which, according to Article 29 (a) of the UNCRC, “shall be directed to the development of the child's personality, talents and mental and physical abilities to their fullest potential” and Article 29 (d) “the preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups”.
The draft decree for these amendments bypassed the standard procedures for public consultations and impact assessments as mandated by the Normative Acts Law in Bulgaria. This omission is particularly troubling from a democratic standpoint, as key stakeholders, including educators, civil society organisations and trade unions were not consulted. Furthermore, the amendments were rapidly advanced through the legislative process, with both readings and the associated deliberations in the National Assembly being conducted in a single day. This accelerated timeline did not allow for comprehensive discussions and consultations.
These legislative measures violate the Constitution of the Republic of Bulgaria and the Protection from Discrimination Act. We, therefore, call on the Government of Bulgaria to revoke these amendments and ensure that children are not discriminated against and can fully enjoy their rights, including the right to education and the opportunity to learn about LGBTIQ+ identities in schools.
“From the National Network for Children, we are forced to withdraw our trust from national representatives, members of the Parliamentary Group for Children, who during the discussion and adoption of two readings on August 7, 2024 of a propaganda bill to amend and supplement the Law on Preschool and School Education failed to fulfil their commitment to protecting the rights of all Bulgarian children. [..] The adopted legal texts deny the existence of an entire group of children, directly violating both their rights and the right of every child to live free from violence.” - George Bogdanov, Executive Director of the National Network for Children
The law directly contradicts the core values and principles on which the EU is founded, including the EU Treaty and the EU Charter of Fundamental Rights. This troubling development, following Hungary's actions in 2022, sets a concerning precedent that could encourage other member states to follow suit. We strongly urge the EU institutions to respond swiftly, engaging in an effective dialogue with Bulgaria to ensure the protection of children's rights within the country and to encourage a reconsideration of this law.
‘’Eurochild stands firmly against the recent legislative changes in Bulgaria, which threaten children's rights and promote discrimination and stigmatisation of LGBTQI+ children and families. We urge the Bulgarian government to reverse these harmful measures, and the European Union to act quickly to engage in discussions with the Bulgarian Government and ensure the respect of human rights and children’s rights.’’ - Sabine Saliba, Eurochild’s Secretary General
Eurochild and the National Network for Children condemn these legislative measures. They are attacks on children’s rights, particularly those of LGBTQI+ children and families. This law violates the right to education and undermines the broader spectrum of children’s rights. This includes the right to access, share, and receive information critical to their development and well-being and is a threat to their right to identity. By enacting these discriminatory measures, Bulgaria violates international and European law and undermines the principles of equality, tolerance, and inclusion that are fundamental to a democratic society. We urge the EU institutions and the Bulgarian Parliament and political parties to ensure action is taken and to guarantee that all rights of children in Bulgaria are respected, protected and fulfilled.
