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Position of the Ombudsman Institution on the intimidation list of Bulgarian teachers who have publicly expressed their opinion

Friday, 23.08.2024
Following complaints received from citizens and professional organizations who express their concern about a list of teachers circulated via social media posts, containing insults and threats of harassment, the Ombudsman Institution expresses the following position:

23 August 2024

Social media posts utilising a list of names and workplaces of individuals who publicly maintain a civic stance on important public issues, whilst calling for lynching and a crackdown on these individuals, directly infringe upon fundamental rights and freedoms guaranteed by the Constitution of the Republic of Bulgaria as well as by the European Convention on Human Rights (ECHR), the Charter of Fundamental Rights of the European Union (EU Charter) and other international human rights instruments, namely:

  • The very preamble of the Constitution of the Republic of Bulgaria elevates as higher principles the rights of the individual, their dignity and security;
  • Article 39(1) of the Constitution of the Republic of Bulgaria guarantees the right of every Bulgarian citizen to express and disseminate their opinion through speech;
  • Article 45 of the Constitution of the Republic of Bulgaria guarantees the right of citizens to lodge complaints, proposals and petitions with State authorities;
  • Article 10 of the ECHR guarantees the right of every citizen to freedom of expression, which includes the freedom to hold opinions, as well as to receive and impart information and ideas without interference by public authorities;
  • Article 1 of the EU Charter proclaims that human dignity is inviolable and must be respected and protected by public authorities in all cases and by all means.
  • Article 19 of the International Covenant on Civil and Political Rights is in the same spirit.

We would like to underline that the right under Article 39 of the Constitution of the Republic of Bulgaria may not be used to prejudice the rights and reputation of others, or to incite enmity or violence against anyone.

In all their actions, public authorities, official institutions and organisations shall respect and guarantee human dignity, the right to freely express one's civic position and to defend one's personal opinion, especially with regard to issues of public importance. Moreover, this is owed to educational professionals, as expressly provided for in Article 219(3) of the Pre-school and School Education Act - 'teaching professionals are to be held in respect and high regard by pupils, parents, administrative authorities and the public'.

Respect for human dignity, freedom of expression and equality before the law form the foundation of any state governed by the rule of law and the building of a just democratic society.

Any action that creates conditions for stigmatisation of a group of people, persecution, division and hatred in a society contravenes all international human rights standards, which the Republic of Bulgaria has committed to guaranteeing for its citizens as a state governed by the rule of law.

 

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