What happens to citizens’ rights during a state of emergency?

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A state of emergency in Bulgaria can be declared on the proposal of the Council of Ministers or the President after a decision of the National Assembly. This is enshrined in article 84, point 12 of the Constitution.

As Iskra.bg informed you earlier today, the Bulgarian parliament unanimously decided to declare a state of emergency for a period of one month on the proposal of the government because of the spread of the coronavirus in our country.

The state of emergency allows the adoption of temporary laws that may restrict some of citizens’ rights. However, the Constitution enshrines exactly which citizens’ rights cannot be restricted. Article 28 provides as follows:

„Everyone has the right to life. Attacking human life is punishable as the most serious crime.“

Article 29 also provides for inalienable rights:

„No one shall be subjected to torture, cruel, inhuman or degrading treatment, nor to violent assimilation.“

„No one shall be subjected to medical, scientific or other trials without his voluntary written consent. „

In addition, Article 32 provides that „the privacy of citizens is inviolable“.

The statement of Deputy Prime Minister Tomislav Donchev after the extraordinary government session last night revealed that one of the rights that will be affected is the right to move freely within the country and travel.

Without a state of emergency, the state cannot impose such restrictions, as it can only make recommendations to citizens.

Prohibitions on the entry into Bulgaria of people from countries where there is a serious spread of the coronavirus may be imposed. We are about to find out whether this will apply to Bulgarians returning from abroad.

In addition, restrictions on quarantined people are going to be imposed. A fine may be imposed for its violation. The sum of BGN 5,000 was mentioned yesterday at the meeting.

In addition, business may need to be restricted. The government will have the right to close cinemas, concert halls, theaters and other places where large groups of people usually gather.

Translation: Gloria Yordanova

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