Jurist Europe rights court upholds Spain’s 2020 May Day protest ban

[Dadparvar]

The European Court of Human Rights (ECHR) ruled Thursday in the case Central Unitaria de Traballadores/as v. Spain, upholding Spain’s decision to ban a May Day demonstration during the height of the COVID-19 pandemic.

The court determined that the restriction on the trade union’s right to assembly was justified due to the extreme public health risks posed by the pandemic. Citing both Article 21 of Spain’s Constitution and Article 11 of the European Convention on Human Rights, the ECHR acknowledged that while the ban interfered with the right to peaceful assembly, it was necessary to protect public health.

The court’s ruling emphasized the delicate balance between individual rights and public safety in times of crisis. During the early months of the pandemic, Spain, like many other European countries, faced unprecedented challenges in controlling the spread of the virus while safeguarding personal freedoms. In this instance, the court found that the Spanish authorities acted within their discretion, given the uncertainty surrounding COVID-19 at the time and the potential for large gatherings to exacerbate the spread of the virus. The judgment stated:

The Spanish authorities had struck a fair balance between the need to protect health and the rights and freedoms of others in this case. The banning of the demonstration had been “necessary in a democratic society”, and there had been no violation of the trade union’s right to freedom of assembly.

This case mirrors actions taken by other European countries during the pandemic, where governments imposed similar restrictions on fundamental freedoms. For example, France imposed temporary bans on public protests and gatherings to contain the spread of the virus. However, the government had to ensure that such restrictions were proportionate, justified, and subject to judicial oversight.

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