New Spanish Law Sees Fundamental Rights Infringed

New Spanish law sees fundamental rights infringed in a BOE announcement.

A Boletin Oficial Del Estado (BOE) released from the Spanish Government on September 19, 2020, presents a new change in the law that would see vitally important human rights and freedoms stripped.

The BOE specifies new powers that affect the fundamental rights of Spanish citizens and residents by allowing the implementation of the law would see the houses and private residences of the public able to be accessed on the demand of the health authorities via an administrative court. Health inspectors would give a very small three day notice period to allow the occupants to appeal.

Under the umbrella of the continuing Coronavirus pandemic, the law would allow health authorities to violate the privacy of residential premises by gaining authorisation through the administrative court.

The law 3/2020, published on September 19, 2020 raises a range of severe questions for the public.

The law has passed easily through Governmental process without any serious outcry from opposition parties. Why have the opposition parties not engaged in a larger debate about this clear violation of human rights?

In a normal situation, under Article 18, 2, of the Spanish constitution, residential premises are protected, the authorities would only have the right to enter a private premise under the assumption of a criminal act having taken place. However, the new law gives authorities the right to give the resident three days’ notice of their intention to enter the premises.

An appeals process is in place for residents of premises that receive a notification of entry however the three-day period can include weekend days. As such, an appeal of the decision may not be able to take place due to the resident not being able to find legal representation in time.

This process is processed through the administration court of Spain and remains the decision of Spain’s equivalent of the Procurator Fiscal who is directly appointed by the President of the Government.

The process raises many questions surrounding the impartiality of the warrant implementing process.

In addition, the law appears to have bypassed the traditional approach to law creation and it is presumed that this type of addition would have been implement as an Organic Law that would have had to have been approved through standard parliamentary process.

This raises questions about why it was not produced in the traditional means. Why was there not bigger political or media outcry at this clear violation of fundamental rights? And, what criteria will be used to make the decision to gain the warrant to enter someone’s premises.

Furthermore, included in the range of new legislation is another interesting and obscure law which sees morticians not allowed to perform post-mortems until at least June 2021.

This portion of law will see the morticians having to accept a doctor’s diagnosis of the cause of death without further full investigation. This raises serious questions about the validity of the post-death process and what the potential could be for misdiagnoses of the fundamental cause of many Spanish deaths.

A copy of the BOA can be downloaded at https://www.boe.es/boe/dias/2020/09/19/pdfs/BOE-A-2020-10923.pdf

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