Protection of Human Rights under the European Convention on Human Rights: Bulgaria

Marcheva, Deyana (2025) Protection of Human Rights under the European Convention on Human Rights: Bulgaria. EUROPEAN INTEGRATION STUDIES, 21 (2). pp. 325-365. ISSN 1588-6735

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Abstract

Bulgaria’s accession to the Council of Europe in 1992 was a pivotal moment in the reaffirmation of constitutional democracy, the rule of law, and the protection of human rights in the country, following the collapse of the communist regime. The 1991 Constitution established a comprehensive framework of fundamental rights for citizens, aligning with the European Convention on Human Rights. However, it was the ECHR’s framework and the progressive jurisprudence of the Strasbourg Court – renowned for its broad interpretation – that significantly bolstered human rights protections and advanced the Bulgarian legal system.Despite facing challenges related to contentious issues and the prolonged non-implementation of various European Court of Human Rights rulings against Bulgaria for over a decade, the Convention has profoundly influenced the nation’s legal landscape. Over time, the rights enshrined in the Convention have prompted nuanced changes in legal and policy outcomes, fostering a more rights-oriented approach in legislation and judicial decisions. This shift has contributed to a culture of governmental accountability and respect for individual rights. Nevertheless, progress has been hindered by societal attitudes, political resistance, and gaps in legal scholarship and education.Today, the ECtHR serves as a crucial and independent authority on fundamental rights in Bulgaria, establishing standards for rights protection, adjudicating individual cases, and highlighting systemic deficiencies in Bulgarian legislation and practices. The country continues to struggle with implementation issues concerning contentious human rights matters, including privacy rights related to secret surveillance, voting rights for prisoners, LGBTQI rights, the rights of incapacitated persons, and the rights of the Macedonian minority. Tensions have also emerged between the ECtHR’s jurisprudence and the rulings of the Constitutional Court, particularly regarding the unconstitutionality of the Istanbul Convention. This discord has led to a growing disconnection between Bulgarian jurisprudence and supranational legal standards.

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