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National Constitutional provisions – Bulgaria

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of. the Rep. of Bulgaria, 1991, amended through to 2007 

EDUCATION 

Chapter 2. Fundamental rights and duties of citizens

Art. 53.
(1) Everyone shall have the right to education.
(2) School attendance up to the age of 16 shall be compulsory.
(3) Primary and secondary education in state and municipal schools shall be free. In circumstances established by law, the higher educational establishments shall provide education free of charge.
(4) Higher educational establishments shall enjoy academic autonomy.
(5) Citizens and organizations shall be free to found schools in accordance with conditions and procedures established by law. The education they provide shall fit the requirements of the State.
(6) The State shall promote education by opening and financing schools, by supporting capable school and university students, and by providing opportunities for occupational training and retraining. It shall exercise control over all kinds and levels of schooling.

 EQUALITY

Chapter 1 Fundamental Principles

Art. 6.
(1) All persons are born free and equal in dignity and rights.
(2) All citizens* shall be equal before the law. There shall be no privileges or restriction of rights on the grounds of race, national or social origin, ethnic self-identity, sex, religion, education, opinion, political affiliation, personal or social status or property status.

* The term "citizens" refers to all individuals to whom this Constitution applies

CITIZENSHIP

Chapter 2. Fundamental rights and duties of citizens

Art. 26.
(1) Irrespective of where they are, all citizens of the Republic of Bulgaria shall be vested with all rights and duties proceeding from this Constitution.
(2) Foreigners residing in the Republic of Bulgaria shall be vested with all rights and obligations proceeding from this Constitution, except those rights and duties for which Bulgarian citizenship is required by this Constitution or by another law.

LANGUAGES and CULTURAL DIVERSITY

Chapter 1 Fundamental Principles

Art. 23.
The State shall establish conditions conducive to the free development of science, education and the arts, and shall assist that development. It shall organize the conservation of all national monuments of history and culture.

Art. 3.
Bulgarian shall be the official language of the Republic.

Chapter 2. Fundamental rights and duties of citizens

Art. 36.
(1) The study and use of the Bulgarian language shall be a right and an obligation of every Bulgarian citizen.
(2) Citizens whose mother tongue is not Bulgarian shall have the right to study and use their own language alongside the compulsory study of the Bulgarian language.
(3) The situations in which only the official language shall be used shall be established by law.

Art. 54.
(1) Everyone shall have the right to avail himself of the national and universal human cultural values and to develop his own culture in accordance with his ethnic self-identification, which shall be recognized and guaranteed by the law.
(2) Artistic, scientific and technological creativity shall be recognized and guaranteed by the law.
(3) The State shall protect all inventors' rights, copyrights and related rights.

RELIGION

Chapter 2 Fundamental rights and duties of citizens

Art. 37.
(1) The freedom of conscience, the freedom of thought and the choice of religion and of religious or atheistic views shall be inviolable. The State shall assist the maintenance of tolerance and respect among the believers from different denominations, and among believers and non-believers.
(2) The freedom of conscience and religion shall not be practised to the detriment of national security, public order, public health and morals, or of the rights and freedoms of others.

PARENTS and CHILD’S RIGHTS

Chapter 2 Fundamental rights and duties of citizens

Art. 47.
(1) The raising and upbringing of children until they come of legal age shall be a right and obligation of their parents and shall be assisted by the State.
(2) Mothers shall be the object of special protection on the part of the State and shall be guaranteed prenatal and postnatal leave, free obstetric care, alleviated working conditions and other social assistance.
(3) Children born out of wedlock shall enjoy equal rights with those born in wedlock.
(4) Abandoned children shall enjoy the protection of the State and society.
(5) The conditions and procedure for the restriction or suspension of parental rights shall be established by law.