The Public Prosecutor’s Office of the Group of Madrid has requested that the prohibition on feminist demonstrations scheduled for this 8M be maintained, and that the Authorities delegate, José Manuel Franco, has vetoed due to the health risk they pose. The prosecutor has argued earlier than the Civil and Felony Chamber of the TSJM her causes to justify sustaining the prohibition agreed by the Authorities Delegation so that the deliberate demonstrations throughout 8-M aren’t held. The consultant of the Public Ministry has revealed the “Risk” that the celebration of any such act entails for public health, and has certified as “inadequate” the safety measures proposed by the organizers of those concentrations.
In her presentation, the prosecutor has alleged that after analyzing the content material of the lawsuit offered by the Basic Confederation of Staff (CGT) understood that the explanation that led the Authorities Delegation to prohibit the commemorative rallies to 8-M, “weren’t solely based mostly on the rules of the state of alarm, however on the crucial wants of public health derived from the existence of the pandemic state of affairs brought on by COVID 19 “.
In his opinion, when authorizing any such demonstration, akin to these of 8M, throughout the state of alarm there’s a “Scenario of battle between the correct to life and health versus the correct to meeting”, all of them elementary rights included within the Spanish Structure.
Confronted with this battle, it’s acceptable for the prosecutor to perform a weighting train, “so as to grant prevalence of the correct to life, given that the constitutional textual content itself gives for the potential for limiting the correct to meeting within the occasion that there’s an endangerment of individuals and property.
The prosecutor has additionally defined to the magistrates that the concentrations scheduled for 8-M lack the safety measures to assure public health, that in his opinion, “which is compromised within the present state of affairs.” Thus, it ensures that the supply of a safety cordon made up of a small variety of members «is, clearly, inadequate for the management based mostly on the carrying of the masks and the upkeep of the interpersonal distance of a variety of individuals such because the indicated by the promoter ».
Subsequently, from the Public Ministry it has been thought-about that the 8M merger ban is “proportionate and weighted” given the present state of affairs of health risk, with out questioning the motivation for the act, “which is ample and satisfactory and with out having the ability to admire discriminatory remedy in the direction of the concentrations convened.”
After analyzing the regime of the bounds of the correct of meeting, the prosecutor referred to a current ruling of the Superior Court docket of Justice of Madrid (TSJM) during which the adoption of “short-term” and “distinctive” measures for health causes was addressed. public for the containment of COVID 19 within the Group of Madrid. With this decision, plus the standing report of February 1, 2021 the place it’s said that the amount of incidence exceeds the speed of instances advisable by the European Union, the consultant of the Public Ministry argued that they’re parts that serve the Administration “as weighting criterion ”when prohibiting demonstrations.
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