The Provincial Court of Madrid has filed this Monday the case against Vox for its cartel against immigrant minors because it did not see a hate crime. The judges have considered that the ultra-right group presented their ideas “through a visual message of impact” and did not harm the dignity of those affected. “We do not consider that such messages have tried to harm the dignity of a certain group -the so-called menas– but rather to present some ideas through a visual message of undoubted impact, together with other texts in the official VOX profiles on Twitter and Facebook in which the importance of the safety of citizens in general and the economic protection of the elderly and the that all this constitutes an ideological-political line that is made manifest in the texts that are collected in the resources, “the order assures.
The justice thus dismisses the appeals of the Prosecutor’s Office, the Progresa citizen association, PSOE, United We Can and United Left. The Chamber ruled in a legally similar sense two weeks ago regarding the appeal of the precautionary measures in this same matter, when it endorsed the poster and said, regarding foreign minors, that they are “an evident social and political problem, with regardless of whether or not the figures offered are true ”. Justice now exposes, among other legal reasoning, that the matter is embedded in “the legitimate ideological-partisan struggle within the framework of an electoral contest where the verbal excesses committed by some and other political actors constitute a maxim of experience” . The resolution adds that “the controversial poster must be interpreted as an electoral message addressed to a much larger group than that of the menas”.
The far-right party placed a poster at the Sol suburban station, in Madrid, during the campaign of the regional elections of the past 4-M, in which the image of an immigrant minor and an elderly woman were confronted and it was intended compare the supposed public cost of supporting children without a family who arrive in Spain with the average pension of a retiree in Spain. Along with the photograph they placed the slogan “Protect Madrid, vote safe.”
The Provincial Court is based on “abundant jurisprudence of the European Court of Human Rights, the Constitutional Court, the Supreme Court and even some Provincial Court that both for the right to freedom of expression and for the electoral context in which the disputed messages were produced In view of the ample probative material presented, they do not have the character of a crime, which means that the case must be dismissed ”. The justice adds that “given the context in which the messages in question were produced, the possibility that any legal party can make political propaganda of their ideas -which will convince or not the voters, according to their preferences- is based on the Constitution “, Which guarantees” political pluralism and ideological freedom. “
Justice also refers to the rights of the child. “It cannot be ignored either, in accordance with article 10.2 of our Magna Carta, that Spain has ratified the Convention on the Rights of the Child and the joint general comment number 3 of the Committee on the Rights of the Child, which establishes legally binding obligations based on the fact that in the context of international migration children can find themselves in a situation of double vulnerability as children and as children affected by migration. And within this framework, it is a requirement that the States parties adopt policies that guarantee their integration into host societies through the observance of their human rights and access to services on an equal basis with nationals ”.
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