The order maintains that no evidence has been provided that the content of the books "violates human rights"
The owner of the Court Administrative Litigation number 1 of Castelló has lifted the controversial precautionary measure issued by the ordinary replacement magistrate who ordered the precautionary seizure of thirty books on the subject LGTBI.
After analyzing the allegations presented by the Town hall and fiscal Ministery, the magistrate understands that the contested administrative action «has a direct legal basis in the 8 / 2017, of April 7, of the Generalitat, comprehensive recognition of the right to identity and gender expression in the Valencian Community«.
According to the resolution, which can be appealed on appeal, “no evidence has been provided, even indicative, that the illegality that the plaintiff denounces in the municipal action concurs«, As well as«that the content of the materials (donated books) violates human rights«.
«Ultimately, it has not been proven that the contested action could cause any damage (…). Agreeing on the precautionary measure in this case would be equivalent to leaving the application of current laws to the discretion of the interests or subjective assessments of individuals.«, Adds the order published by the Superior Court of Justice of the Valencian Community.
Collection of books in Castelló
On October 15, the Contentious Court number one of Castelló admitted the very precautionary measures requested by the ultraconservative Spanish Foundation of Christian Lawyers, forcing the Consistory from the town to remove the books of eleven institutes and a public center.
El Castelló Town Hall alleged that the donation of this material, destined for both Secondary and Baccalaureate students as well as for teacher training, «does not involve any violation of fundamental rights«, Since it is material«legal, which can be acquired by anyone" in a bookstore.
The initial decision of the judge scandalized the groups LGTBI and even the vice president of the Generalitat Valenciana, Monica Oltra, recommended reading the books and indicated to the magistrate that the regional law requires the inclusion in educational centers of materials to combat LGBTophobia.
Vox it was the only political formation that applauded the controversial precautionary measure. The Christian Lawyers Foundation criticized that the municipal campaign intended to introduce the «gender ideology»In educational centers. This ultra-conservative foundation has already announced in a statement that it will appeal the court's decision. Your president, Apolonia Castellanos, has indicated that the judge, in this order, «ignore the report of the Public Prosecutor«.
