The Constitutional Court annuls the limitations that the Community of Madrid introduced on the capacity of LGBTI associations to act.
El Constitutional Court has removed the part of the LGBTI law of the Community of Madrid which limited the ability of associations to, for example, defend a victim of a hate crime in a criminal case. This time, the judicial tricks of the PP y Ayuso to undermine rights LGTBI, have not worked.
The plenary, close to unanimity and with one vote against, estimates the appeal of the Corporate central against the article of the executive norm of Isabel Díaz Ayuso which established when the associations and organizations of the collective could represent victims or injured parties in criminal or sanctioning proceedings. This part of the law, as is the case with several articles of the Trans Law of the Region of Madrid, had been provisionally suspended since mid-July.
Unconstitutional and void
The sentence, of which the magistrate has been the rapporteur Ramon Saez Valcarcel, concludes that the challenged rule is unconstitutional and void for invading the exclusive powers of the State. The Court of Guarantees upheld the central government's appeal and eliminated, on the grounds of invasion of powers, the article that prevented organizations from LGTBI appear in criminal cases or on sanctions to defend victims of hate crimes.
In practice, it prevented, for example, an association from the collective from appearing as a private prosecutor in a case of hate-motivated aggression. These legal proceedings have sometimes led to the victims going to court with the advice of the groups themselves, who collaborate with the National Police.
The Minister of Equality, Ana Redondo, has celebrated that "The Constitutional Court has put an end to the attempt to curtail people's rights. LGTBI that Mrs. Ayuso and the PP intended«.
