BackThe Ombudsman sent a letter to the speaker of the National Assembly and the Prime Minister recommending that offences against the person and discriminatory acts where homophobia is the main motivation be criminalised. He underscores that in most EU Member States' legislations, homophobia is an aggravating circumstance or a constituent element of the offence.
The Ombudsman acted upon a signal related to violation of human rights and freedoms of people with non-traditional sexual orientation and the lack of legal protection in cases where their family life, privacy, and freedom of expression and assembly have been violated. He reiterated that the right to express and share one's identity with others is an integral part of tolerance, as stated by the Council of Europe Congress of Local and Regional Authorities in its Recommendation 211 (2007) on Freedom of assembly and expression for LGBT (lesbian, gay, bisexual and transgender) persons. In many cases, however, the very authorities which have the positive obligation to protect their citizens against discrimination are actually endorsing and in some cases actively supporting or perpetrating this injustice. Hate crimes violate basic European values such as respect for cultural, religious, and linguistic diversity, proclaimed in the European Charter of Fundamental Rights.
The Ombudsman noted that the Penal Code does not provide for legal protection in case of hate crimes motivated by sexual orientation. Amendments of the Penal Code adopted in April 2011 criminalised promoting and inciting discrimination, violence, and hatred based on race, religion, and national or ethnic origin and have improved the legal protection of some fundamental citizens' rights. The Penal Code, however, does not outlaw promoting and inciting discrimination or violence based on sexual orientation and in this way it leaves unpunished crimes with identical public danger.
Source: Office of the Ombudsman of Bulgaria
