Justice Initiative Wins COVID-19 Vaccination Case Against Bulgaria

NEW YORK—In a case filed by the Open Society Justice Initiative (OSJI) on behalf of the Open Society European Policy Institute (OSEPI), the European Committee of Social Rights (Committee) has determined that Bulgaria’s COVID-19 vaccination distribution and access plan violated several provisions of the European Social Charter on right to health, discrimination of vulnerable groups, and right to information.

OSJI and OSEPI had complained that Bulgaria’s COVID-19 vaccine distribution and access plan failed to prioritize vulnerable groups, such as older persons and those with underlying health conditions, for vaccine access. The complainant also noted that Bulgaria had failed to provide adequate education concerning the risks of COVID-19 and access to vaccination. Lack of information and delayed access to vaccination for the most vulnerable populations coincided with a high mortality rate among the old and vulnerable persons, particularly during the second wave of the pandemic in January and February 2021.

The committee agreed with OSJI and OSEPI finding that Bulgaria failed to:

• Prioritize older persons and those with underlying health conditions in its COVID-19 vaccine distribution plan, resulting in discrimination against older persons and those with underlying health conditions.
• Implement effective measures to ensure that the public is adequately informed about vaccination and related health issues, particularly in times of crisis.
• Allocate adequate funding for a vaccination promotion campaign.

This decision is especially welcome coming ahead of decisions on similar matters filed in Bulgarian courts by Open Society Foundations' local partners.