«ESCRACHES», RIGHT OF ASSEMBLY AND CRIMINALIZATION OF SOCIAL PROTEST

Authors

  • Alberto Alonso Rimo

Keywords:

Right of assembly and demonstration, freedom of speech, escraches (“exposure” protest), criminalization of social protest, public disorder, draft reform of the Spanish Penal Code (2013)

Abstract

This paper deals with escraches (“exposure” denunciation) as a clear exponent of the increasing tensions that take place in times of crisis around the right of assembly and demonstration. On the basis of this example, this study proposes to reflect on the role that should be given to this fundamental right —as a variant of freedom of speech— in a democratic society. With this aim, court decisions and discourses concerning escraches are analysed in light of the case-law of Spanish Constitutional Court and the European Court of Human Rights. On that basis, risks regarding dissolution of assembly right and regarding also criminalization of social protest are highlighted. Such fears, particularly under conditions of crisis, and according to historical and comparative law background, should not be considered unsubstantiated at all. Evidence of that can be found in the draft reform of the Penal Code from 2013. Last part of this work focuses on the study of this issue.

Downloads

Download data is not yet available.

Published

2020-05-21

How to Cite

Alonso Rimo, A. (2020). «ESCRACHES», RIGHT OF ASSEMBLY AND CRIMINALIZATION OF SOCIAL PROTEST. Teoría & Derecho. Revista De Pensamiento jurídico, (14), 145–164. Retrieved from https://ojs.tirant.com/index.php/teoria-y-derecho/article/view/137