Peru’s Supreme Court declares social protest a crime
- May 17, 2023
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The Supreme Court of Peru ruled that civil protest has no legal protection, since it is not recognized in the Constitution or in any other legal act, it
The Supreme Court of Peru ruled that civil protest has no legal protection, since it is not recognized in the Constitution or in any other legal act, it
The Supreme Court of Peru ruled that civil protest has no legal protection, since it is not recognized in the Constitution or in any other legal act, it would be a crime.
In a court decision compiled by a Peruvian newspaper Republicindicated that the only legal protest in the country is a hunger strike, while for a worker, the strike is also considered valid.
Demonstrations of any other type, even if they are peaceful, “infringe on the rights of third parties or the economic system, irreparably humiliate and delegitimize the protest and It becomes a crime.”
In addition, in the event of road or path closures, as is the case in many protests, considered an aggravating circumstance of the crime.
“If citizens feel that their demands are insufficient, or that the authorities are not accepting them anyway, or that the space for dialogue is ineffective or non-existent, they are empowered to escalate those demands. , provided that it affects the private sphere of the rights of the Protestant (for example, a labor strike or hunger strike) and does not violate the fundamental rights of third parties not related to social conflict,” the verdict specifies.
This sentence has been passed resolve the appeal filed by four peasants from Cotabambas, who were arrested in 2016 while protesting a mining project in their province.
The National Coordinator for Human Rights of Peru categorically rejected this decision and stated in a statement that “violates international standards for the protection of the right to protest equating roadblocks with violence.”
He also reminded the Tribunal that “the Inter-American Commission on Human Rights (IACHR) has repeatedly pointed out that in a democracy public roads are a space for the exercise of freedom of expressionand not just a transit space.”
(Europe Press)
Source: Aristegui Noticias
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