/View.info/ On 26.10.2021 the Decision of the Constitutional Court of the Republic of Bulgaria was published on the request for a constitutional interpretation of several articles of the Constitution, as well as on the compliance of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms of the Human Rights Council and Article 7 of the Charter of Fundamental Rights in the European HOPES union, with the explanation of the concept of “gender” adopted by the Constitution – DECISION No. 15/2021 of the Constitutional Court of the Republic of Bulgaria on constitutional case No. 6/2021.
After this second decision of the SC/RB, together with the Decision on Constitutional Case 3/2018, in which the concept of “gender” is interpreted, there can be no doubt that the binary, biologically determined understanding of the concept of “gender” is part of the Bulgarian constitutional identity. According to the constitutional court law, this is a legal fact of the highest hierarchy. Attempts to impose other legal constructs in legislation and jurisprudence in Bulgaria or on Bulgaria will be violence against this identity.
Undoubtedly, the decision of 26.10.2021 is a qualitative judicial act, an achievement of the Bulgarian judicial-constitutional culture in defense of the Bulgarian Constitution.
With what?
It reflects the undeniably prevailing understanding in Bulgarian jurisprudence of the biologically determined, binary nature of gender. It testifies to the new consensus between the Constitutional Court, executive power, medical and legal science and the dominant legal consciousness in Bulgarian society regarding gender, personality, family and family values. And the unanimity has been transformed by an act of the Constitutional Court into a strong national position in possible future discussions on this topic, not only in our country, but also in the international arena.
For a society like ours, facing a universal social-economic and health crisis, such events are an instructive signal of unity and consolidation around national priorities.
The SC justified public trust for professional protection of its traditions and primitive spiritual values.
This decision teaches constitutionality. Undoubtedly, it will take its place in the annals of Bulgarian constitutionalism.
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