Article

Globalising genderphobia and the case of Bulgaria

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Abstract

ABSTRACT Globalisation has made it easier for progressive ideas to cross borders. Yet the same can be said about regressive ideologies. Under the guise of protecting local traditions, family rights and national identity, genderphobic discourses have spread in seemingly unrelated parts of the world. Bulgaria is a case in point: a powerful religious-nationalist-conservative front has formed against women’s, LGBT+ and ethnic minority rights. This article explores the roots of the anti-feminist movements in the USA, Russia, and Europe. It looks critically at a range of discourse strategies and manipulation techniques used by these movements. And it presents three examples from Bulgaria: the assault on the term “gender,” a seemingly benign pro-birth media campaign, and raising moral panic about the threat to the traditional family. Apparently, behind the anti-globalist, genderphobic campaigns, there are well coordinated global forces at work. Distorting and toxifying the meanings of words, appropriating human rights terms, strategic lying and manipulation have become the tools of a hybrid war meant to undermine democratic societies. The role of language in this process is crucial. So is the role of linguists, who need to approach these phenomena from a critical perspective.

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... In late July 2018, the Bulgarian Constitutional Court ruled that the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (informally known as the Istanbul Convention) does not comply with the Bulgarian Constitution. The Convention Ratification Bill had already been met with staunch opposition from the Bulgarian Orthodox Church, the right-wing conservative and nationalist governmental coalition, and the opposition Bulgarian Socialist Party, leading to the bill's withdrawal (Slavova 2022). In addition to this political development, the Constitutional Court exploited the flaws in the unofficial translation of the Istanbul Convention, which confusingly translated "gender" as "social sex," to rule against its ratification. ...
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The Constitutional Court of Bulgaria played an important role in building and consolidating democratic institutions in post-communist Bulgaria, establishing itself as an effective and respected guardian of the Constitution, “energetically reacting against the encroachments of parliamentary majorities” during the turbulent times of the country’s transition to liberal democracy. Despite its many achievements, however, it would be difficult to argue that the Court played the role of a potent vehicle for human rights revolution in Bulgaria during the transition and pre-EU accession period (1991-2006). In the post-accession period the Court played such a role even less. Its landmark 2018 decision declared the Council of Europe’s (CoE) Convention on Preventing and Combating Violence against Women and DomesticViolence (Istanbul Convention) in violation of Bulgaria’s Constitution and signals a radical turn in its human rights jurisprudence. I argue that in this decision the Court moved away from its practice of cautiously interpreting rights by strictly following the text of the Constitution, towards taking an ideologically-laden activist position in defense of ‘traditional values’, which prompted it to depart from the text of the Constitution and engage in ‘creative’ jurisprudence. The central part of the chapter is a critical analysis of Court’s reasoning in this decision, marking this ideological turn.
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On July 27 2018 Bulgaria's Constitutional Court ruled that the Council of Europe Convention on preventing and combating violence against women and domestic violence ("Istanbul Convention") contravenes the Bulgarian Constitution. In early 2018, the Convention ratification bill met strong opposition from nationalist parties in government, major opposition from the Socialist party, the President of the Republic, and the Bulgarian Orthodox Church, among other places. Manipulative campaigning, deliberately fanning people's fears (of the 'third sex', of 'gender-ideology', of same-sex marriage) fueled negative popular reactions, prompting the government to withdraw the Bill. Prior to its withdrawal, 75 MPs asked the Court to review the constitutionality of ratifying the Convention. In a split (8 to 4) decision, the majority declared ratification of the Convention to be unconstitutional, arguing that "despite its undoubtedly positive sides, the Convention is internally incoherent and this contradiction creates a second layer in it", shifting its meaning beyond its declared aims-protection of women from violence. The point of contention is the concept of 'gender' (and 'gender identity').
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