SPAIN MUST OBEY

The Supreme Court admits that Spain is legally bound to fulfill UN recommendations

The Spanish High Court creates precedent in a ruling where it sentences the State because not having followed the recommendations from UN’s committee to eliminate all kind of discrimination against women.

The Supreme Court has ruled that the Spanish State has to apply the recommendations given by the United Nations, and has been sentenced to compensate with 600.000 € the mother of a seven years old girl who was assessinated by her father, who was sentenced for abuse, during a non-guarded visit. The mother had presented about 50 reports to stop those visits but they were denied. Now, the Supreme Court has condemned the Spanish State because it didn’t obey the United Nations Committee’s resolution, that made them eliminate all kinds of woman’s discrimination.

Therefore, the Committee dictated that Spain had violated the fundamental rights of both mother and child. It also requires an exhaustive and impartial investigation in order to find the administrative mistakes that put them in an unprotected situation. However, the Spanish State answered that the UN ruling were not binding so they dind’t have to fulfill them.

The sentence goes further of these particular case,

because the juridic reasoning, that dictaminates jurisprudence, explains tha basic concepts about the responsability that the Spanish State has when fulfilling the United Nations Committee’s recomendations and any other international right’s treaties signed by Spain.

The Supreme Court reminds that the article 96 of the Spanish Constitution recognises as a part of the internal juridic statues the international regulations that has been ratified and published in the BOE (Oficial Spanish’s Bulletin). It also reminds that the article 10.2 states that “the regulations related to the fundamental rights are interpreted in agreement with the Universal Declaration of human rights, and with the international treaties and agreements”.

That way, the legal precedent created by the Supreme Court has impacted as well to other cases, as the resolution of UN’s Human Rights Committee urging Spain to respect the political rights of Jordi Sànchez, which Llarena did not fulfilled by keeping him imprisoned to stop his investiture.

The text says that “it has been asked to the State [Spain] to take measures in order to make sure that Jordi Sànchez is able to exercise his political rights in agreement with the article 25 of the convention.” Within the text it is specified that this petitions do not imply any decision of the Committee in the case, but that it is just a precautionary measure once the UN admitted Jordi Sànchez’s demand.

Right of self-determination.

Another right that Spain has to fulfill in agreement with the article 10.2 of the Spanish Constitution is the right of self-determination of peoples, recognised many times by the United Nations. There are two fundamental texts that the Spanish Government has signed so they have to accomplish. Firstly, there is the first chapter of the United Nations charter:

“The purposes of the United Nations are:

[…]

2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace.”

 

But this text was developed and put into context by the International Covenant on Civil and Political Rights, signed by the United Nations on the 16th of December, 1966. It sais:

“Article 1.

1. All peoples have the right of self-determimtion. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.”

 

Another case in which the Spanish Government has ignored the United Nations recommendations is in the requests that the UN’s Working Group about forced or involuntary dissapearances, that at 2013 made a report where it asked the Spanish Government to take measures to find and indentify the victims that reside in Francoist’s mass graves.

Original source: Vilaweb (23-07-2018)

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