Blood Transfusions in Bulgaria
*** Yearbook 2000 p.24 Highlights of the Past Year ***
In 1998 a case involving Jehovah's Witnesses in Bulgaria was given attention by the European Court of Human Rights. What led up to it? The Bulgarian government had deprived Jehovah's Witnesses, as well as some 20 other religious groups, of legal recognition. An appeal to the Bulgarian Supreme Court had been denied because, among other things, Jehovah's Witnesses do not believe in the Trinity and in other non-Biblical doctrines of Christendom. This led to arrests, the breaking up of meetings for worship, and the confiscation of religious literature. The European Court urged Bulgaria to settle matters with Jehovah's Witnesses on a friendly basis. As a result, in October 1998, Bulgaria again gave legal recognition to Jehovah's Witnesses. This made it possible to send four missionaries from the 106th class of Gilead to Bulgaria to assist the local publishers in sharing the Kingdom good news with the people there.
[Emphasis Added]
Background Explanation
On June 28, 1994, the government in Bulgaria refused the application to renew the registration for "Khristiansko Sdruzhenie "Sviditili na Iehova" (Christian Assiciation of Jehovah's Witnesses). In effect, Jehovah's Witnesses were no longer recognized as a "religion" in Bulgaria, and therefore could not enjoy the benefits associated with the official status of "religion".
The Bulgarian Witnesses viewed this action as persecution. In an effort to regain their former status, they made an official complaint to the European Court of Human Rights (herein ECHR). Since this petition was likely done with the support and backing of the Watchtower Bible and Tract Society of Pennsylvania, we feel that the statements made by the applicant's representatives (i.e. the statements made by the Jehovah's Witnesses' lawyers) can be included in this Watchtower quotes collection web reference. Some of the quotes on this page are from the documentation generated by that petition.
The Admissibility Decision regarding this case is available from the ECHR's official web site.
The matter before the ECHR was finally settled by way of a "friendly agreement" between the two parties. The complete "REPORT OF THE COMMISSION" with respect to the resolution of this matter is available at the ECHR's web site. Note that parts of this report are written in French. A reproduction of part of this document, along with English translation, is included below.
A summary of the matter, written in English was formerly available at the ECHR's web site: [link no longer functions www.dhcommhr.coe.fr/eng/E276INFO.148.html].
The Admissibility Decision and Report, linked above, can be found by you independently by using the ECHR's Case Law search engine and entering:
- Application Number: 00028626/95
- Check-mark Reports
- Check-mark Admissibility Decisions
- Check-mark English
Click the Search button, and when the new page opens, SCROLL DOWN.
*** European Commission of Human Rights, Information Note no. 148 ***
[link no longer functions: www.dhcommhr.coe.fr/eng/E276INFO.148.html]
II. Reports adopted
(i) Reports adopted under Article 28 para. 2 of the Convention (friendly settlement)
(a) One Report was adopted by the plenary Commission under Article 28 para. 2 of the Convention, concluding that a friendly settlement had been secured:
- KHRISTIANSKO SDRUZHENIE "SVIDETELI NA IEHOVA" (CHRISTIAN ASSOCIATION JEHOVAH'S WITNESSES) v. Bulgaria (Application No. 28626/95)
The case concerned the refusal to re-register the applicant association pursuant to a 1994 law, and the alleged suppression of its activities and those of its members. In settlement, the Government agreed to introduce legislation as soon as possible to provide for civilian service for conscientious objectors, as an alternative to military service, and to register the applicant association as a religion. The applicant [Jehovah's Witnesses] undertook with regard to its stance on blood transfusions to draft a statement for inclusion in its statute providing that members should have free choice in the matter for themselves and their children, without any control or sanction on the part of the association.
[Emphasis Added]
*** European Commission of Human Rights Application No. 28626/95 ***
[http://hudoc.echr.coe.int/Hudoc2doc/hedec/sift/3641.txt]
AS TO THE ADMISSIBILITY OF by Khristiansko Sdruzhenie "Svideteli na Iehova" (Christian Association Jehovah's Witnesses) against Bulgaria
In respect of the refusal of blood transfusion, the applicant association submits that while this is part of the religious doctrine of Jehovah's Witnesses, its acceptance depends on the personal choice of the individual concerned. There are no religious sanctions for a Jehovah's Witness who chooses to accept blood transfusion. Therefore, the fact that the religious doctrine of Jehovah's Witnesses is against blood transfusion cannot amount to a threat to "public health", every individual being free in his or her choice.
[…]
The applicant association denies the Government's allegation that Jehovah's Witnesses were seeking a theocratic society. They are respectful of public authority, work in public service and respect the opinion of others. They do not disturb ceremonies honouring the national flag or other symbols, but simply refrain from taking an active part in them. Moreover, Jehovah's Witnesses worldwide participate in social activities.
[Emphasis Added]
*** European Commission of Human Rights, Application Number 28626/95 ***
PART II
SOLUTION REACHED
14. Following the decision on the admissibility of the application, the Commission placed itself at the disposal of the parties with a view to securing a friendly settlement in accordance with Article 28 para. 1 (b) of the Convention and invited the parties to submit any proposals they wished to make.
15. In accordance with the usual practice, the Secretary, acting on the Commission's instructions, contacted the parties to explore the possibilities of reaching a friendly settlement.
16. By letters of 8 and 12 September 1997 the parties indicated their willingness to reach a friendly settlement. The parties exchanged correspondence and proposals for a friendly settlement and held meetings in Sofia on 20 and 21 November 1997. On 17 January 1998, upon the parties' request, the Commission made proposals to the parties with a view to resolving some remaining differences in their positions. The parties again met in Sofia on 10 February 1998.
17. By letters of 10 and 11 February 1998 the parties informed the Commission of the final text of the friendly settlement. This text, compiled on the basis of the correspondence received from the parties, reads as follows:
"I. Concernant la substitution du service militaire par un service alternatif, le Gouvernement Bulgare s'engage à déposer au Parlement un projet de loi, dans les meilleurs délais, instituant un service civil alternatif au service militaire.
1.1. Le projet, selon l'avis de la requérante, répond aux exigences des objecteurs de conscience, fidèles des Témoins de Jéhovah, qui souhaitent effectuer un service civil alternatif en remplacement du service militaire.
1.2. Le projet de loi définitif, déposé par le Conseil des Ministres au Parlement, sera soumis immédiatement à la Commission européenne des Droits de l'Homme.
II. Concernant la position des Témoins de Jéhovah sur le sang, la requérante s'engage à rédiger une déclaration, qui sera annexée de façon intégrante aux statuts des Témoins de Jéhovah de Bulgarie en vue de son immatriculation, stipulant que:
2.1. - les patients Témoins de Jéhovah recourent systématiquement aux soins médicaux pour eux-mêmes et leurs enfants ; il appartient à chacun d'entre eux d'utiliser son libre arbitre, sans aucun contrôle et sanction de la part de la requérante;
2.2. - s'agissant du respect de la législation sanitaire bulgare, l'association chrétienne les Témoins de Jéhovah de Bulgarie s'engage à respecter son application, y compris:
2.2.1. - en ne fournissant pas de déclaration préalable de refus de transfusion de sang aux personnes mineures;
2.2.2. - en ce qui concerne les personnes majeures, en observant les dispositions de ladite législation et en reconnaissant à chaque individu la liberté de choix.
[Emphasis Added]
*** English Translation of part of the the above section ***
II. Concerning the position of Jehovah's Witnesses on blood, the petitioner undertakes to draft a statement which will become part of the bylaws of Jehovah's Witnesses of Bulgaria, in view of their registration, stipulating that:
2.1 - Jehovah's Witness patients resort to the use of the medical system for themselves and their children; each member having the right to make use of this freely at their own discretion, without any control or sanctions on the part of the petitioner.
2.2.1 - to not furnish an advance directive refusing blood transfusions to minor persons.
[Emphasis Added]
*** Watch Tower Bible & Tract Society, Public Affairs Office, Press Release, April 27, 1998 ***
BULGARIA TO RECOGNIZE JEHOVAH'S WITNESSES AS A RELIGION; EUROPEAN COMMISSION OF HUMAN RIGHTS ACCEPTS AMICABLE SETTLEMENT
On March 9, 1997 [sic] the European Commission of Human Rights decided to accept the amicable settlement agreed to by the Government of Bulgaria and the Christian Association of Jehovah's Witnesses (Khristiansko Sdruzhenie "Svideteli na Iehova"). Word of this decision reached the attorneys for the Witnesses on March 20, 1998.
Bulgaria has agreed to grant the Christian Association of Jehovah's Witnesses recognition as a religion. Bulgaria also agree to create without delay a bill that will allow alternative civilian service for those whose conscience will not allow them to engage in military service. The agreement also includes an acknowledgment that each individual has the freedom to choose the type of medical treatment he receives. With the amicable settlement, the Witnesses agreed to withdraw their complaint against Bulgaria.
Jehovah's Witnesses are pleased that, through open communication, an amicable settlement was made between the Christian Association of Jehovah's Witnesses and the Government of Bulgaria. The terms of the agreement do not reflect a change in the doctrine of Jehovah's Witnesses. Rather, the agreement reflects an increased understanding of the concerns and actions of both parties.
The complaint before the Commission came because, on June 28, 1994, the Bulgarian Council of Ministers refused to renew the Association's registration as a religion. Following this decision, "various measures were taken against the activities of [Jehovah;s Witnesses and of its members. These included arrests, dispersal of meetings held in public and private locations and confiscation of religious materials." according to the Commission report.
"The more than 2000 associated with Jehovah's Witnesses in Bulgaria fell confident that this agreement will allow them the freedom to practice their religion in Bulgaria," said Alain Garay, one of the attorneys for the Witnesses. "Not only is this a step forward for religious freedom in Bulgaria but it sets an example for religious freedom in all states with membership in the Council of Europe."
Jehovah's WItnesses, an international Christian brotherhood, number some five million worldwide. Presently, over 85,000 congregations, in some 200 lands, operate in conjunction with 104 branch offices.
[Emphasis Added]
The above faxed press release is not available at the Watchtower Society's official media website (www.jw-media.org); however a more recent press release, which deals with the official recognition in Bulgaria (rather than simply the ECHR court result) is available. This more recent press release mentions only the things that Bulgaria was required to do as result of the ECHR "friendly agreement" and does not indicate any "acknowledgements" made by or undertakings directed toward the Watchtower Society.
*** Originally Published at http://www.jw-media.org/releases/981008a.htm ***
[Note: Above link no longer functions. Press release has moved to http://www.jw-media.org/region/europe/bulgaria/english/releases/religious_freedom/bul_e981008a.htm
For Immediate Release
October 8, 1998Victory for human rights in Eastern Europe:
Christian religion sets legal precedent in BulgariaAfter years of arrests, beatings, and loss of property, Jehovah's Witnesses have regained legal recognition in Bulgaria. They are the first religion in the country to successfully appeal to an international body in order to regain legal recognition. Dozens of religions were banned in 1994.
This legal recognition, which was received Wednesday, October7, 1998, represents an important victory for religious freedom in the country and throughout Eastern Europe, said Lubomir Kutchoukov, spokesperson for Jehovah's Witnesses in Bulgaria. "We are grateful that appeals to international standards of human rights have led to this reasonable and peaceful conclusion," he said. "All people of Bulgaria will benefit from this victory."
This important legal victory came after intervention from the European Commission of Human Rights of the Council of Europe. In July1997, the Commission suggested that the government of Bulgaria enter into a friendly settlement with Jehovah's Witnesses. On March8, 1998, the Commission accepted the terms of the settlement, which included the government's promise to grant legal recognition to Jehovah's Witnesses. As part of the settlement, Bulgaria also agreed to create a bill that will allow alternative civilian service for conscientious objectors. The terms of the agreement involved no change in the doctrine of Jehovah's Witnesses.
Jehovah's Witnesses were first legally recognized in Bulgaria on July17, 1991, shortly after the fall of communism. However, despite democratic changes in Bulgaria, restrictions on religion continued. Beginning in 1993, public defamation against "non-traditional" churches began, resulting in many human rights violations. In 1994, some 39 religions lost their legal status after the passage of a restrictive law on religion. Jehovah's Witnesses were subjected to a rash of police raids, beatings and arrests.
At the same time, "there has not been a single member of a 'sect' [judicially] charged for committing a crime motivated by religious convictions," stated a 1996 report by the Bulgarian Helsinki Commission and Human Rights Without Frontiers.
Jehovah's Witnesses have been present in Bulgaria since the first decades of this century. They have nearly six million members worldwide, and more than 13 million have attended their religious services. They are officially recognized in more than 150 countries.
For more information on Jehovah's Witnesses, visit www.watchtower.org.
Media contact: (718) 560-5600
*** The Watchtower January 15, 1961, page 64***
Hence a Christian who deliberately receives a blood transfusion and thus does not keep himself from blood will not prosper spiritually. According to the law of Moses, which set forth shadows of things to come, the receiver of a blood transfusion must be cut off from God's people by excommunication or disfellowshiping.
[Emphasis Added]
*** Pay Attention To Yourselves and to All The Flock (1991) pp.92 - 95 ***
[This book is available only to active elders]
[Blood Transfusions included as reason for excommunication]
Act as qualified judges
Remove unrepentant wrongdoers […] Failure to abstain from blood.
[Emphasis Added]