On September 21, 2023, "Freedom for Everyone" submitted an opinion against the project submitted by several heads of parliamentary parties . Here we provide the full text of the opinion, drafted in defense of the basic constitutional right to freedom of speech and information, supported by over twenty organizations, faiths and individuals.
POSITION
FREEDOM FOR EVERYONE
September 21, 2023
TO: The Speaker of the National Assembly,
Committee on Foreign Policy,
Committee on Human Rights, Religions and Complaints of Citizens
Legal Committee
THE PEOPLE'S REPRESENTATIVES OF THE 49TH NA,
Political Parties
COPY TO: Supreme Bar Council, religious denominations, civil organizations and media
Regarding: The project for a declaration of the National Assembly
against the language of hatred in Bulgarian politics
in the sense of Art. 85, para. 1 of the Constitution
entry No. 49-354-03-6 of 29.07.2023
with importers: D. Lorer, K. Petkov, Atty. Atanasov, B. Borisov, D. Peevski and M. Karadai
Freedom is saying things that others don't want to hear. – George Orwell
Freedom of speech for us is to preach the truth about Christ, even when society claims it is against the law. – John MacArthur
Dear People's Representatives,
"Freedom for Everyone" is an organization with many years of experience in monitoring and protecting the rights and freedoms of people in Bulgarian society and on the international scene.
We note with concern the intention of the National Assembly to adopt a "declaration against the language of hate in Bulgarian politics" (entry no. 49-354-03-6 of 29.07.2023, the "declaration"). Such a declaration is totally unacceptable for a free and democratic society. "Hate speech" is an ideological and problematic category that is easily abused. The consequences of such arbitrariness are in violation of the prohibition to restrict freedom of speech and expression in the conditions of democracy and protection of human rights.
First of all, there is no legal definition of "hate speech" , which allows for speculation and the taking away of the legitimate right to freedom of expression under the pretext that it constitutes "hate speech". None of the major international human rights treaties include a definition of "hate speech," despite the push for an increasingly universal use of the term. The category of "hate speech" is also not clearly defined by the European Court of Human Rights or any other international court.
Read more: Freedom for All files a Brief with Parliament against Proposed Crackdown on Free Speech
WRITTEN OBSERVATIONS ON DRAFT RECOMMENDATION
Freedom is the right to tell people
what they do not want to hear. -- G. Orwell
Dear members of the Expert Committee and Council of Ministers,
The right to express one’s ideas and convictions is possibly the most fundamental and inalienable right of human participation in society. Any undue limitation of this right must be rejected as tyrannical and oppressive. In its essence the Draft Recommendation (the Recommendation, the Draft, the document, hereafter) seeks to achieve a chilling effect on free speech and even revoke this right in violation of the very Convention[1] whose values and provisions it seeks to uphold.
I write as a long-time human rights lawyer and observer of the trends in society regarding human rights and church-state relations. I am the founder of Freedom for All, a project operating in Bulgaria which has been involved in defending human rights for three decades through court cases, public speaking and events, and publications.
Here we will point out several general trends we see in the philosophy of the document. We also include a more detailed commentary.
Read more: Written Observation on Draft Seeking Criminalizing So-called "Hate Speech"
Address to the Intermarium Conference online
Role of NGO’s Promoting Individual Rights and Liberty in Light of the Geneva Consensus Declaration
April 29, 2021
Dear ladies and gentlemen,
It is my pleasure to be a part of this forum, and as co-organizers we welcome all the ideas presented here in favor of the traditional family, natural human rights, and individual liberty. (Many greetings from Dr. Viktor Kostov who could not join us for this event, and whose statement I will read, on his behalf.)
Freedom for All is a human rights organization and publishing group working since 2000 and formally, as a registered non-profit, since 2004. Our goal is to especially defend freedom of conscience and religion, and freedom of speech.
The Geneva Consensus Declaration is an important document which contains a number of provisions which enhance the role of women; protects their rights, and protects the traditional family. Such are article 2, emphasizing equal rights for women, article 3, that every human being has an inherent right to life, including the unborn; article 4, clearly stating that “in no case should abortion be promoted as a method of family planning,” and article 5, allowing for the state and society to view the natural family as the “natural and fundamental unit of society.”
We are also pleased that article 7 affirms the importance of national sovereignty and the primary role of national governments in making policy decisions regarding health care, the so called “universal health coverage” while keeping in mind the local context.
In addition, we are pleased that the Declaration refers to the obvious truth that there is no international right to abortion as there could not be a right to end another human being’s life. It is also commendable that the document has the goal to “advance supportive public health policies” not just for women but also for families.
The role of NGO’s in the fulfilling of the goals of this Declaration may be twofold.
Read more: Role of NGO’s Promoting Individual Rights and Liberty in Light of the Geneva Consensus Declaration
(Note: You can view and download a the PDF version of this text from the EU web site here
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12872-Hate-speech-hate-crime-inclusion-on-list-of-EU-crimes/F2231473)
Re: The European Commission (EC) roadmap consultation on the inclusion of ‘hate speech’ and ‘hate crime’ as EU crimes (Article 83(1) TFEU).[1]
April 20, 2021
Freedom for All is a human rights and public debate organization dedicated to the defense of personal freedoms. We have participated in cases and written legal opinions for the ECtHR, Bulgarian Supreme Courts, the Constitutional Court and the National Assembly and defended such opinions and views in the public square on various relevant topics.
A Summary of Our Response to the Road Map Proposal
As mentioned in the Road Map, the Commission’s initiative will aim to trigger a Council decision to extend the list of EU crimes in Article 83(1) TFEU to include hate speech and hate crime. It is our view that the Council of the European Union must abandon criminalizing free speech and establishing discrimination and privileges in criminal justice with the introduction of the categories “hate speech” and “hate crimes” in Art. 83 of TFEU. Otherwise, it is inevitable that the EU, in violation of its own founding principles and adopted human rights protection laws, will turn into a totalitarian bureaucracy which opposes individual freedom and punishes citizens for thought crimes. Arguments follow.
Why the Concept of “Hate Crimes” Should be Abandoned
The idea of a “hate crime” is a legal and philosophical misconception. No crime, especially the ones perpetrated against the person, as causing physical or property harm, is committed out of love and respect for that person. Hate is behind most and such crimes. To label some crimes against the person as “hate” is to justify all other crimes as less repugnant and worthy of criminal prosecution.
Read more: Statement on the Roadmap on hate crimes and hate speech in the EU by the European Commission
