The principle of freedom of religion is fundamental to a democratic society. It includes the right of every person to adopt, change and follow their religious affiliation, as well as to renounce it completely.
Freedom of religion is a fundamental human right enshrined in the UN Universal Declaration of Human Rights. It defines the concept as follows (Article 18): “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.”
The right to freedom of religion is personal and inalienable. In Bulgaria, it is protected by the Constitution of the Republic of Bulgaria, as well as by the Law on Religions.
Despite the existing legal protections for religions, there are many cases of violations against representatives of religious denominations in Bulgaria. These include vandalism of temples and attacks on religious followers, as well as discriminatory media portrayal of rituals and their religious identity. The Muslim faith, Judaism, and Jehovah’s Witnesses are most often subjected to attacks. Statistical information provided by the Prosecutor’s Office of the Republic of Bulgaria shows that the specialized sections of the Criminal Code that deal with hate crimes, including religiously motivated, and crimes against religions, continue to be used very rarely. However, every year the BHC report on the state of human rights in the country reports incidents and attacks against mosques, synagogues and temples of Jehovah’s Witnesses.
The discriminatory Law on Restricting the Wearing of Clothing That Cover or Hide the Face was passed in 2016. It was clearly communicated in the public sphere that it was aimed at the Muslim faith and so far only its representatives have been sanctioned, although the law affects all citizens on the territory of the country.
At the same time, Bulgarian courts refuse registration of Eastern Orthodox organizations containing the word “Orthodox” in their name. This is also the reason for a series of cases in the European Court of Human Rights. For some of them, the decision is pending, but in other cases the Court has already found a violation of the Convention.
BHC works for:
- the effective investigation and punishment by the authorities of hate crimes based on religious intolerance;
- guaranteeing religious freedom for all people in Bulgaria and ending discriminatory practices in the registration of religious organizations, as well as stopping attempts to restrict the religious freedom of minorities.
The Bulgarian Catholic Church also conducts strategic affairs aimed at guaranteeing religious freedom in Bulgaria.
- In 2015, the European Court of Human Rights condemned the state for violence against religious minorities in a case brought with the legal assistance of the Bulgarian Communist Party. The court ruled that in the case of Karaahmed v. Bulgaria, our country had violated Article 9 (right to freedom of religion) of the European Convention on Human Rights and Fundamental Freedoms. The applicant, Veli Karaahmed, was one of those praying at the Banya Bashi mosque in Sofia during the attack on it by the Ataka party.
- In 2015, the court also ruled in the case of Dimitrova v. Bulgaria, finding violations in relation to the actions of Bulgarian police officers towards the applicant Dimitrova in response to her activities for a religious organization and a civil lawsuit brought by her for damages.
- In 2017, the Sofia District Court announced its decision in a case of incitement to discrimination by the Sri Chinmoy Center association against an employee of the Bulgarian Orthodox Church. This is the first case in which the court has established incitement to discrimination within the meaning of the Protection from Discrimination Act not through general hate speech against minorities, but through instructions to specific individuals to commit specific discriminatory acts against specific other individuals.
