Publication: Monday April 26, 2021 17:33
Madrid’s provincial prosecutor’s office appealed to Madrid’s investigative court number 53 against the order denying the precautionary measure in which it requested the removal of an election poster from Vox, an announcement in which it is stated that the unaccompanied minors receive 4.7000 euros per month while retirees receive 426 pensions.
According to the prosecutor’s office, the characterization of a non-national minor in the manner displayed on the advertising poster constitutes “a negative, intolerant and damaging stigma” towards the group as a whole. It also affirms that it generates “hostility and social rejection towards these minors, their objectification and dehumanization, and constitutes an attack on the dignity of the whole group”; something which, for the prosecution, was done “publicly by placing the poster in one of the metro stations with the greatest influx of users of the public transport service”.
Therefore, the appeal declares that the poster violates the advertiser’s freedom of expression. Regarding the judge’s assertion that the act complained of does not appear to be criminal, the appeal argues that the message disseminated aims to “deepen the idea of the social cost of an unaccompanied minor compared to that of an unaccompanied minor. retiree, thus questioning his ethics and legal character, transferring a totally prejudiced image of a foreign minor and a delinquent, given that the image of a masked and hooded dark-skinned youth is a common and stereotypical social concept “.
The appeal even adds that the image used in the poster is not “trivial”, because it is “obvious that what is sought is to obtain a negative social predisposition towards this group, its dehumanization , based on the prejudiced idea of the criminal. the nature of these minors, which in turn prevents a normalized coexistence in the areas where they are found, being part of this idea of the discourse maintained by certain social groups “.
Thus, in its brief, the public prosecutor once again asks the judge to adopt as a precaution the withdrawal of the poster denounced, as well as “all those with identical content displayed in any other advertising space and placed by the advertiser denounced” , reiterates. Because it emphasizes that the “fundamental” and “substantial” character of the right to freedom of expression “is not absolute when it comes into conflict with legal rights which are also protected by the Constitution”.
The prosecution emphasizes that if the posters were removed, the “dignity” and “safety” of the vulnerable group of non-national minors would be protected without violating the right of the political party Vox to make election propaganda, because “the advertising space contracted and occupied by the poster whose withdrawal he is asking may again be occupied by propaganda aimed at asking for votes in the campaign. “