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  • Bulgaria Passes Anti-LGBTI Propaganda Law: An Attack on Children’s Rights and a Political Ploy
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Human Rights

Bulgaria Passes Anti-LGBTI Propaganda Law: An Attack on Children’s Rights and a Political Ploy

By Jungle TelegraphAugust 8, 2024 Article

Overview of the Anti-LGBTI Propaganda Law

The newly passed Bulgarian anti-LGBTI propaganda law stands as a contentious landmark, marking a sharp turn in the country’s legislative landscape. The law explicitly prohibits any portrayal of LGBTI identities and themes within educational institutions and their surrounding vicinities. This includes not only direct educational content but also any external materials or influences that could be perceived as promoting LGBTI identities to children.

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The legislative journey of this law was notably swift and strategic. It was expedited through parliament in a highly condensed timeframe, enacted just seven days after clearing the committee, and was strategically passed during the last parliamentary session before the summer recess. This timing effectively minimised scrutiny, as many international bodies and oversight institutions were on break. The rapid legislative process excluded prolonged public debate or substantial opposition, raising concerns about the democratic integrity of the passage.

Notably, the Bulgarian law draws substantial inspiration from similar legal frameworks in Russia and Hungary. Like its predecessors, the Bulgarian law employs controversial and broad language that heightens its potential for extensive interpretation and possible misuse. Phrases such as «propaganda» and «promotion of non-traditional sexual relations» are left intentionally vague, thereby facilitating expansive and subjective enforcement. This resemblance to Russian and Hungarian statutes suggests a deliberate political alignment with more conservative legislative trends in Eastern Europe.

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The adoption of such a law in Bulgaria raises significant ethical and human rights issues. Critics argue that the law undermines fundamental freedoms and entrenches stigma and discrimination against LGBTI individuals, particularly youth. The manner of its passage also signifies a troubling precedent for how swiftly and discreetly civil liberties can be curtailed through legislative manoeuvres. Overall, the anti-LGBTI propaganda law appears to serve not only as a mechanism for controlling social narratives but also as a strategic political move, aligning Bulgaria with conservative ideologies prevalent in neighbouring states.

Reactions and Condemnations

The recently passed anti-LGBTI propaganda law in Bulgaria has sparked a wave of reactions, predominantly from international and national human rights organisations. ILGA-Europe, a leading advocate for LGBTI rights, has been vocal in its condemnation. Executive Director, Evelyne Paradis, criticised the law as a severe infringement on children’s rights, emphasising its detrimental effects on LGBTI youths. Paradis highlighted that such legislation undermines the fundamental rights of freedom of expression and equality.

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In concurrence, Bulgarian lawyer and human rights activist, Denitsa Lyubenova, articulated that the law represents a direct attack on children’s rights, aiming specifically at LGBTI children. She argued that it not only marginalises these young individuals but also sends a dangerous message that further entrenches societal stigma. Lyubenova warned that the law might exacerbate existing issues such as bullying, mental health challenges, and access to supportive resources for LGBTI youths.

Proponents of the law, notably members of the Revival Party, argue that it is designed to protect young people. They claim that it shields children from exposure to what they deem as inappropriate content, suggesting that it preserves traditional family values. However, human rights organisations counter this view, indicating that such assertions are a facade for political manoeuvring. They argue that the law scapegoats the LGBTI community, utilising them as a focal point to rally electoral support and distract from larger systemic issues within the country.

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The potential ramifications of this law extend beyond societal attitudes. Experts, including mental health professionals and educators, have expressed concern that it could lead to increased bullying and health risks for LGBTI children. The law’s restrictive scope on education and discussion of LGBTI topics may result in a dearth of supportive environments in schools, thereby heightening the vulnerability of these children to isolation and adverse psychological outcomes. As the international community watches closely, the broader impacts on Bulgaria’s adherence to human rights principles remain under scrutiny.

Comparative Analysis with Russian and Hungarian Laws

The Bulgarian law, recently passed and labeled as an anti-LGBTI propaganda measure, mirrors similar legislative actions initiated in Russia in 2012 and Hungary in 2021. Both cases serve as pertinent precedents for understanding the potential implications of Bulgaria’s new law. Examining these analogs not only provides insight into the law’s design but also its ramifications on human rights and societal inclusiveness.

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Russia’s anti-LGBTI propaganda law, enacted in 2012, largely bans the dissemination of information deemed as promoting «non-traditional sexual relations» to minors. The measure has been criticised for its vague language, which has led to a broad interpretation and, subsequently, widespread suppression of LGBTI rights. Similarly, Hungary’s 2021 law restricts any content regarding homosexuality and gender identity in schools and media accessible to children, contending that such information could influence youth’s sexual development.

The Venice Commission of the Council of Europe has issued scathing reviews of both the Russian and Hungarian statutes. Specifically, the Commission has argued that these laws contravene standards set forth by the European Convention on Human Rights (ECHR). Key findings highlight that the laws fail to offer unbiased, comprehensive education on gender identity and sexual orientation. In contrast, they propagate an atmosphere of discrimination and social exclusion, directly undermining the principles of equality and non-discrimination enshrined in the ECHR.

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In the context of Bulgaria, these international opinions signify a concerning trajectory. If the Bulgarian law aligns closely with its Russian and Hungarian counterparts, it risks cultivating an educational and social environment that marginalizes the LGBTI community. Moreover, it challenges the state’s obligations under international human rights frameworks to promote diversity and non-discrimination. The Venice Commission’s assessments thus serve as a critical lens through which Bulgaria’s legislative action can be scrutinized, elucidating a broader narrative of state-sponsored exclusion that has been previously denounced at the international level.

Political Context and Implications

The introduction of the anti-LGBTI propaganda law in Bulgaria must be examined within the larger European political landscape. This legislation is part of a worrying trend across the continent, where Russian-style laws are being adopted in several countries, including Georgia. Such laws not only target marginalised communities but also serve to undermine democratic checks and balances that are essential for a healthy political environment. By restricting information and stigmatising LGBTI individuals, these laws serve dual purposes: they consolidate power for far-right groups while eliminating any form of political opposition or diversity.

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This trend is particularly alarming given the timing, coinciding with the upcoming national elections in Bulgaria and Georgia. Politicians aligned with far-right and pro-Russian ideologies often demonize LGBTI communities to galvanise support, leveraging societal prejudices to secure votes. This tactic of using LGBTI people as political scapegoats is not new but its resurgence in modern European politics signifies a broader assault on civil liberties and human rights. The manipulation of public sentiment through such laws serves short-term electoral gains but has long-term corrosive effects on the social fabric and democratic integrity of these nations.

The European Commission has not been silent on this matter. In its 2024 rule of law report, the Commission specifically criticised Bulgaria’s legislative procedures, highlighting the expedited and opaque manner in which the anti-LGBTI law was passed. The lack of proper legislative scrutiny and public consultation is a clear violation of democratic norms and epitomises procedural shortcomings. Consequently, there is a strong need for a unified and robust response from EU member states. The European Union, based on principles of equality, justice, and human rights, must hold Bulgaria accountable to its commitments. A failure to do so may embolden other nations to adopt similar regressive laws, thereby threatening the cohesion and democratic values of the entire European community.

Read moreIraq's Criminalisation of Same-Sex Relationships: A Step Backwards for LGBTQ Rights

References

[1] https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2013)022-e

Read moreFamily of Gay British-Mexican Man Detained in Qatar Seeks Help and Justice

[2] https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2021)050-e

[3] https://www.ilga-europe.org/blog/the-fight-against-georgias-foreign-agent-law-and-anti-lgbti-legislation/

Read moreThe Growing Challenge of LGBTIQ Harassment and Violence in Europe

[4] European Commission (2024), Rule of Law report, Bulgaria chapter, accessible at: https://commission.europa.eu/document/download/fd6bb85d-4aaa-4c79-88a2-8709edfb2002_en?filename=10_1_58051_coun_chap_bulgaria_en.pdf

[5] (C/2023/8627 final) https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=PI_COM%3AC%282023%298627

Read moreThe State of LGBTI Rights in Europe: Challenges, Progress, and the Role of Legal Protections

[6] See pp 33-34.

 

Read moreEuropean Call to Ban Conversion Practices: A Step Towards LGBTIQ Equality

 

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