Pavlikeni

5.G.1.6

Extracts from Bulgarian Constitution

 

Article 6. (1) All persons are born free and equal in dignity and rights.
(2) All citizens shall be equal before the law. There shall be no privileges or restriction of rights on the grounds of race, nationality, ethnic self-identity, sex, origin, religion, education, opinion, political affiliation, personal or social status or property status.

Article 13.

(1) The practicing of any religion shall be free.
(2) The religious institutions shall be separate from the state.
(3) Eastern Orthodox Christianity shall be considered the traditional .religion in the Republic of Bulgaria. (4) Religious institutions and communities, and religious beliefs shall not be used political ends.

Article 37.

(1) The freedom of conscience, the freedom of thought and the choice of religion and of religious or atheistic views shall be inviolable. The state shall assist the maintenance of tolerance and respect among the believers from different denominations, and among believers and non-believers.
(2) The freedom of conscience and religion shall not be practiced to the detriment of national security, public order, public health and morals, or of the rights and freedoms of others.

Article 58.

(1) Citizens shall observe and implement the Constitution and the laws. They shall respect the rights and the legitimate interests of others.
(2) Obligations established by the Constitution and the law shall not be defaulted upon on grounds of religious or other convictions.

 

 

Resolution 1390 (2004)1

New Bulgarian Law on Religion, known as the Confessions Act 2002

1. The new Bulgarian Law on Religion, known as the Confessions Act 2002, entered into

force on 1 January 2003, replacing the Denominations Act 1949, which had allowed for

unfettered government interference in the internal affairs of all religious denominations. After

years of protracted negotiations on various drafts, the Confessions Act 2002 was adopted at

the end of December 2002.

 

 

2. The Confessions Act 2002 represents an important step forward by comparison with the

Denominations Act 1949. It recognises religious freedom as a fundamental right, declares that

all religions are free and equal and lays down the separation of the Church and the state. At

the same time, it allows for the state and local communities to support religious activities,

including through tax advantages and the provision of places of worship. Finally, it operates

an important change in the role of the Directorate of Religious Affairs of the Bulgarian

Council of Ministers, which is evolving from a directing and controlling organ into a chiefly

advisory body whose task it is to ensure respect for religious freedom.

 

 

3. The Confessions Act 2002 has nevertheless given rise to some criticism by many religious

communities – with the exception of the official Bulgarian Orthodox Church, led by Patriarch

Maxim, and of the Jewish community – and by NGOs such as the Bulgarian Helsinki

Committee.

 

i. freedom of thought, conscience and religion is one of the foundations of a “democratic

society” within the meaning of the European Convention on Human Rights (ECHR);

 

ii. the state’s role is that of a neutral and impartial organiser of the exercise of various

religions, faiths and beliefs;

 

iii. religious communities may not be discriminated against, in relation to other actors of civil

society; their activities “shall be subject only to such limitations as are prescribed by law and

are necessary in a democratic society in the interests of public safety, for the protection of

public order, health or morals, or for the protection of the rights and freedoms of others” (see

Article 9, paragraph 2, of the ECHR);

 

iv. the law prescribing restrictions to religious freedom must meet the standards of clarity and

predictability derived from the principle of the rule of law so as to avoid giving the executive

unfettered discretion to intervene in religious affairs;

 

v. in democratic societies, the state need not take measures to ensure that religious

communities remain or are brought under a unified leadership. Tensions arising in situations

where a religious community becomes divided are an unavoidable consequence of pluralism.

The role of the authorities in such circumstances is not to remove the cause of tension by

eliminating pluralism but to ensure that the competing groups tolerate each other.

 

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