The Istanbul Convention is unconstitutional (OBZOR)



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July 28, 2018 | 04:12 | FOCUS Press Agency

  Photo: Information Agency

  Constitutional Court: Istanbul Convention Inconstitutional (OBZOR) Photo: FOCUS Information Agency

Sofia. The Constitutional Court characterized the Istanbul Convention as unconstitutional. The decision was adopted with 8 votes. The question of whether the Convention is in line with the fundamental law of the country was launched on 8 February at the initiative of 75 deputies of GERB. They emphasize the "social and social significance of the Convention, the great public interest and the high degree of political commitment of society" as a reason to seize the CC. Positive and negative views of the Convention have been received in Parliament. According to the negative, the document introduces concepts inconsistent with Bulgarian public order and foreigners in our national legal system. The CC invited non-governmental organizations, prominent scientists and practitioners who were given the opportunity to submit written submissions and legal opinions. Among the institutions formed, opinions were presented by the President, the Minister of Foreign Affairs, the Minister of Justice, the Minister of Health and the National Agency for the Protection of Children. According to the Chair, the Convention contains vague concepts and expressions that justify different and contradictory interpretations, creating preconditions for the loading of these concepts and expressions with "extra" meanings beyond their known and validated content. . the Bulgarian Constitution. The Minister of Foreign Affairs believes that "the concepts, standards and regime of the Convention are fully in accordance with constitutional principles, norms and traditions". The opinion of the Minister of Justice indicates that the convention is fully in accordance with the Constitution and states first and foremost the obligation to prevent and combat violence against women in the context of broader goal of achieving equality between women and men. The opinion of the National Agency for Child Protection indicates that the mandatory nature of the convention should be taken into account to badess its conformity with the Constitution, and it is wrong to do so. use, for the purposes of this badessment, that the incorrect Bulgarian translation including the definitions of the basic concepts
The Constitutional Court finds that, despite its undisputed positive aspects, the Convention is contradictory internally, and this contradiction there is double. Thus, the content of some of its provisions goes beyond the stated objectives of the Convention and its title. The Constitutional Court stresses that gender equality is enshrined in the Basic Law, which does not mean equal treatment of both bades, but requires that biological characteristics and differences between the two bades be taken into account. . The social dimension of the Constitution does not create a social gender independent of the biological, as provided for in the Convention. According to the constitutional judges, the Convention paves the way for the introduction of the concepts of "gender" and "gender identity", which would require the establishment of procedures allowing the legal recognition of a different kind. that biological, contrary to the Constitution
Kornelia Ninova, leader of the BSP, commented the decision as follows: "The reason and the law have submerged foreign interests and obedience". According to her, the decision is a victory for the Bulgarian people in defending our national values. Ninova drew attention to the fact that PASB will continue to fight violence against women and children. At GERB, the parliament announced that it would comply with the decision of the CC. "Our decision to refer the Constitutional Court to the Istanbul Convention has been the most responsible," said MEP Ivan Ivanov. The vice president of the unified patriarchal Gospel Iskren Veselinov was adamant: with the decision of the CC, the subject of the Istanbul Convention should definitely be closed. He recalled that it was the patriots who raised the issue of the Convention, and the CC confirmed their words
Biliana IVANOVA

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