In a letter to the President of the National Assembly of Bulgaria, published today, Commissioner O’Flaherty asks Bulgarian lawmakers to refrain from adopting proposed amendments to the Child Protection Act and other laws, expressing concern about their compatibility with Council of Europe and international human rights standards.
The bill under consideration seeks to ban exposing children to “content that does not correspond to the understanding of gender as a biological category” and to criminalise trans-specific healthcare for minors. The Commissioner cautions that these measures could lead to disproportionate restrictions on the rights to education, freedom of expression and assembly, and the right to health without discrimination, including on grounds of gender identity. He also notes that such measures may reinforce stigma and prejudice against LGBTI people.
The Commissioner underlines the well-established case-law of the European Court of Human Rights, which has found that legislative bans on disseminating information about LGBTI people among children are harmful and incompatible with the notions of equality, pluralism and tolerance. He also emphasises that, in line with the UN Convention on the Rights of the Child, all measures regarding children must be guided by their best interests and assessed individually, and that children have the right to be heard and have their views duly considered in all decisions and actions affecting them.
The Commissioner recommends that the members of the National Assembly engage with national and international partners, including the Council of Europe, to ensure protection of the human rights of LGBTI people in full compliance with international standards.