Bulgarian Court does not recognise ‘gender’ as distinct from ‘biological sex’

The Bulgarian Constitutional Court has ruled that the term ‘gender’ according to the Constitution should be understood only in its biological sense.

The decision was taken by 11 votes in favour and one vote against.

This resolves a dispute as to how the concept of “gender” is to be imported from international law into Bulgarian law.

This question arose three years ago when the ruling GERB party refused to move the Istanbul Convention for ratification in parliament.

The Istanbul Convention uses the concept of “gender”, which the convention regards as stereotyping of both sexes and can consign women to traditional roles. But ‘gender’ can also be used to assert there are no real differences between men and women and that men and women can ‘change’ gender.

The court said the legal status of transgender people can be further resolved through changes in legislation. Bulgarian institutions cannot be obliged to accept the self-determination of citizens to a sex that is different from their biological one.