The European Committee of Social Rights found several violations of the European Social Charter, including discrimination against older people and people with chronic illnesses, in the implementation of the National COVID-19 Vaccination Plan. The case was filed by a coalition of organisations in 2021.
In late July 2025, the European Committee of Social Rights (ECSR) published its decision on the case filed by the Open Society European Policy Institute (OSEPI) against Bulgaria (complaint No. 204/2022). The complaint was filed as part of a project implemented by the Bulgarian Helsinki Committee in partnership with BOLD (Bulgarians Organising for Liberal Democracy), which aimed to advocate for citizens’ rights during the COVID-19 pandemic.
The complaint claimed violations of Article 11 (right to health protection) and Article E (non-discrimination) in connection with Article 11 of the revised European Social Charter (ESC) of the Council of Europe, which Bulgaria signed and ratified in 2000.
The ECSR found that in the National COVID-19 Vaccination Plan, adopted in December 2020, the Bulgarian government had placed older people and people with chronic conditions only in Phase IV of the vaccination plan. According to the Plan, their vaccination was meant to begin after ministry officials, journalists, bank officials, workers in the transport and communications sectors, etc., had been vaccinated.
The delay in vaccinating these highly vulnerable people during the second wave of the pandemic in January-February 2021 caused a very high mortality rate among them. According to the ECSR, “the government has not provided any substantive explanation or justification for its decision not to prioritise access to vaccines for older people and those with chronic conditions” (§ 46). It has not provided any rationale for its decision to place these categories of citizens in the fourth phase of its vaccination plan. This is incompatible with the government’s obligations under the Charter and demonstrates a clear failure in their protection. Furthermore, the Committee finds that the high mortality rates among these vulnerable groups reveal a significant weakness in the implementation of effective preventive measures.
The Committee also states that Bulgaria has failed to adopt a sufficiently comprehensive communication strategy and has not allocated adequate funding for a campaign to promote vaccination. The decision makes it clear that even the new Minister of Health, elected in December 2021, has acknowledged the government’s failure to organise an adequate communication campaign. However, the government’s responses to the ECSR do not contain any explanation or acknowledgment of its failure to address the gaps in communication and funding for an effective vaccination campaign. “The Committee considers that this persistent oversight not only hindered the dissemination of critical health information but also contributed to public hesitancy towards vaccination, potentially impacting the nation’s health outcomes. (§ 59).
The ECSR finds not only a general violation of the right to health protection under Article 11 of the Charter, but also discrimination in relation to this right against older people and those with chronic conditions. The discrimination consists in the lack of adequate prioritisation of these groups in the vaccination plan. In addition, the “green corridors” announced by the government were themselves a discriminatory measure. According to the Committee, “the facilities and conditions provided in these green corridors were inadequate for older persons and those with underlying health conditions, who often had to endure long hours of waiting in line without proper seating, especially in harsh winter conditions. This situation exposed them to additional health risks and discomfort, ultimately discouraging them from seeking vaccination.” (§ 85).
The ECSR’s decision is final. It is sent to the Committee of Ministers of the Council of Europe for the formulation of recommendations to Bulgaria.
The case was brought by OSEPI in 2021, in parallel with national proceedings complaining against the National Vaccination Plan, brought by the BHC. The national proceedings have not yet been concluded at the last instance court.
