11 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN BULGARIA
2. LAW AND POLICY CONTEXT
2.1 INTERNATIONAL AND REGIONAL
OBLIGATIONS PERTAINING TO
STATELESSNESS AND DETENTION
Having a nationality is an inalienable right enshrined in
Article 15 of the Universal Declaration of Human
Rights.11 Similarly, the right of liberty and security of the
person, and to be protected from arbitrary detention and
cruel, inhuman or degrading treatment are widely
recognised principles of international law. These rights
are reinforced by several human rights treaties, to which
Bulgaria is a state party, including the International
Covenant on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and Cultural
Rights12, the First Optional Protocol to the ICCPR which
gives the Human Rights Committee competence to
consider individual communications alleging violations of
the rights set forth in the ICCPR,13 the Convention
Against Torture, Cruel, Inhuman or Degrading Treatment
or Punishment14 and its Optional Protocol (OP-CAT),15
the Convention on the Elimination of All Forms of Racial
Discrimination,16 and the Convention on the Rights of the
Child.17 Bulgaria has not yet signed the Convention on
the Rights of Migrant Workers and Their Families.
Bulgaria is also party to the European Convention for the
Protection of Human Rights and Fundamental
Freedoms18 and the European Convention for the
Prevention of Torture and Inhuman or Degrading
Treatment or Punishment.19 The CPT has carried out ten
visits to Bulgaria since 1995. In its Public Statement
Concerning Bulgaria, published on 26 March 2015, the
CPT noted that “[i]n the course of the Committee’s visits
to Bulgaria in 2010, 2012, 2014, and 2015, the CPT’s
delegations witnessed a lack of decisive action by the
authorities leading to a steady deterioration in the
situation of persons deprived of their liberty.”20
It is noteworthy that according to the Constitution of the
Republic of Bulgaria international treaties that it is party
to have primacy over national law provisions that
contradict them. Article 5, paragraph 4 of the
Constitution stipulates:
International treaties that have been ratified
according to the constitutionally established
procedure, that are promulgated and that have entered
into force for the Republic of Bulgaria are part of the
domestic law of the country. They take precedence over
domestic legislation that contradicts them.”21
The Republic of Bulgaria ratified the Statelessness
Conventions of 1954 and 1961 by law promulgated in
the State Gazette No.11 of 7 February 2012. The 1954
Convention provides the international definition of a
‘stateless person’, and a set of rights for recognised
stateless individuals and obligations for their protection.
The latter treaty includes provisions on the prevention
and reduction of statelessness. It should also be noted,
however, that the ratification was done by Bulgaria with a
wide range of reservations that are likely to undermine
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