site.btaLGBTI-Rights Organization Wins Discrimination Case against VMRO - Bulgarian National Movement Party, Court Decision Is Final

In a final ruling, the Supreme Administrative Court (SAC) found that a political party, VMRO - Bulgarian National Movement, exercised harassment and discrimination against the LGBTI-rights organization Action as well as against the LGBTI community as a whole when they staged a campaign against the screening of a film as a side event of Sofia Pride in 2021. More specifically, the court confirmed that there had been harassment and discrimination against the current chair of Action, Denitsa Lyubenova, the previous chair, as well as towards the LGBTI community as a whole, Action said in a press release on Thursday. 

Action has held the Sofia Pride Film Fest since 2012. 

VMRO - Bulgarian National Movement was found guilty of harassment and discrimination based on sexual orientation.

The case began in 2021, when VMRO put a post on Facebook ahead of the screening of Snake. In their post, VMRO threatened to prevent by all means the screening of the film and said that its plot was "pervert" and "advanced pedophilia". Over 500 supporters of VMRO rallied at the cinema house where the screening was due to take place - and effectively stopped it. Many members of the LGBTI community were attacked in the street and were left traumatized - as were hundreds of the people who had come to watch the film or watched what was happening online, Action said. 

Immediately after the VMRO post appeared on Facebook, Action lodged a complaint with the Commission for Protection against Discrimination, and in April 2023 the Commission ruled that VMRO had not discriminated against the LGBTI community; that the VMRO social media post did not violate anybody's dignity and did not create a hostile and threatening environment towards the LGBTI community in Bulgaria; that the post did not contain any derogatory qualification about LGBTI persons; and that the statement represents the political party's personal opinion and in no way objectifies hatred and aggression towards LGBTI people.

Action appealed the Commission's decision before the Sofia Administrative Court and on October 12, 2023, it overturned the Commission's refusal and pronounced that VMRO-Bulgarian National Movement had violated the prohibition of discrimination by harassment based on sexual orientation.

The Commission appealed the court ruling and took the matter to the Supreme Administrative Court - which now upholds the ruling of the court of first instance.

The Commission for Protection against Discrimination and VMRO - Bulgarian National Movement were ordered to pay the plaintiffs and the Action organization BGN 1,000 each for legal costs.

Action says that "the vicious practice created by the Committee for Protection against Discrimination of trying to blur the line between freedom of speech and hate speech, is finally censured by the Supreme Administrative Court. It is a hope that even in times of extreme political hatred, there is still a chance in the judiciary for equal rights."