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July 30, 2021 (LifeSiteNews) – In a remarkable victory for individual freedoms with regard to the COVID-19 experimental “vaccine,” the Constitutional Tribunal of Spain has refused to lift the suspension of a regional law which provided for the possibility of making vaccines mandatory in health crises. The Tribunal based its reasoning on the fact that the vaccine mandate “would be likely to cause certain and effective damages that may be irreparable or difficult to repair, insofar as vaccination may be imposed against the will of the citizen.”
The Tribunal’s decision, signed on July 20 and made public on July 23 on its website, suspended a general disposition of the Xunta de Galicia (northwestern Spain) that aimed to give the autonomous region power to set up local sanitary restrictions, compulsory isolation and prophylactic measures. These include mandatory “vaccination or immunization” with regard to any infectious and transmissible disease – not only COVID-19.
The bill dates back to February 25, 2021, modifying previous regional legislation on “Galician health.” It was immediately suspended at the behest of Spain’s national authorities (such a suspension of a regional law is limited to five months) and in April, the Spanish Attorney General filed a case before the Constitutional Tribunal asking for the prolonged suspension on the grounds of unconstitutionality. The Autonomous Community, for its part, was asking for the early lifting of the suspension.
While it is true that the Tribunal’s favorable reply to Spain’s central government is a limited one – the local legislation affected a region of less than 3 million inhabitants – it does underscore fundamental issues with vaccine mandates, apart even from the specific problems posed by an experimental injection that only obtained a “conditional” marketing authorization.
All the other provisions of the law, which include lockdowns, police-controlled isolation in case of positivity to an infectious disease and the like, were deemed compatible with Spain’s “organic law,” and their suspension was refused by the Court.
At the hearings prior to the decision the State Attorney argued that “the lifting of the suspension would seriously harm the interests of the citizens affected and therefore also the general interest.”
“This is because article 38.2 of Law 8/2008, on the health of Galicia (in the wording given by the sole article of Law 8/2021) establishes measures that not only affect fundamental rights (in violation of matters reserved to the organic law), but may also be irreversible, since once adopted they are impossible to reverse,” he told the Tribunal.
The judges set aside all other considerations to concentrate on the one main issue:
“We must focus our analysis on the weighing of the serious irreparable damage or damage difficult to repair for the general interest that, according to the State Attorney, would have to be produced if the lifting of the suspension of the challenged provision were to be decreed. In other words, the question now is to determine whether the damages alleged by the counsel for the State have the necessary gravity and consistency to prevail over the presumption of legitimacy of the challenged autonomous community law.”
For Spanish central authorities to go against the decisions of autonomous regions is in fact the exception, not the rule, a fact that adds weight to the Constitutional Tribunal’s refusal to green-light Galicia’s provisions for a local vaccine mandate.
Hungary recently took a major step to protect children from having their innocence destroyed and being sexualized by LGBT propaganda in schools and by pornography in the mass media.
Please SIGN and SHARE this petition which expresses agreement and respect for the wishes of the sovereign nation of Hungary to protect its children against the onslaught of LGBT indoctrination propaganda and pornography.
Since passage of the bill the fake news outlets from Europe to America have predictably begun to fabricate outrage and, or, simply lie about the contents of the bill. And, the corrupt European Union has also now started to attack Hungary's efforts to protect children.
For doing the hard and good thing, Hungary now needs our support.
The bill, which was passed last week, specifically prohibits showing pornographic material or content portraying homosexuality or transgenderism to minors under the age of 18. Other measures include a registry of sex offenders, regulations on sexual education, and stronger policies against child pornography.
This policy is to be welcomed as a pro-active measure against the liberal and LGBT propaganda machine which is steadily encroaching on Hungary's borders, and which threatens to tear down Christian civilization altogether.
Indeed, the same week that this law was passed in Hungary, Vienna's (Austria) deputy mayor distributed "Rainbow Family" information boxes to 350 kindergartens in the Austrian capital. And, Vienna is only about 50 miles from the Hungarian border!
But, never satisfied with corrupting the children of their own countries, LGBT activists and their accomplices in the EU have been quick to castigate Hungary, claiming that the Budapest government has "discriminated" against homosexuals with their law to protect children, and in doing so, has violated EU law.
However, Hungary's Justice Minister, Judit Varga, set the record straight in an interview with Hungarian journalists, stating:
"This is one of a number of declarations declaring certain Hungarian measures to be contrary to EU law without a thorough examination. The fake news that has taken wing in these statements is completely unfounded.
In Hungary's view, the legislation has nothing to do with EU law. The issue of subsidiarity and constitutional, national identity is a matter for the Member States. Furthermore, the European Charter of Human Rights also says that a parent has the right to determine the direction of their children's development in a culturally traditional background."
And, more broadly, Viktor Orbán, Hungary's Prime Minister, had this to say about Hungary's new law:
"The current left-wing campaign against Hungary is further proof that today, the left is the enemy of freedom, because instead of freedom of speech, they want political correctness as defined by them, and hegemony of opinion instead of a pluralism of ideas.
The new Hungarian law does not conflict with any lofty ideals or European laws. The new Hungarian law simply states clearly that only parents can decide on the sexual education of their children. Education in schools must not be in conflict with the will of parents; it must at most be supplementary, its form and content must be clearly defined and it must be subject to parental consent.
Parents also rightly expect that on platforms used by our children, pornography, sexuality for its own sake, homosexuality and gender reassignment programs should not be available. These restrictions must also be defined with surgical precision. In Hungary, no one has a say in how adults live their lives. In our view, a free adult should not have to give an account of his life in front of any secular authority — only before God when the time comes."
Please SIGN and SHARE this urgent petition which supports the government of Hungary in their passage of this pro-active child protection measure banning LGBT propaganda and pornography for under-18s.
FOR MORE INFORMATION:
'Hungary passes law against homosexuality, prime minister renews vow to ‘protect our children’' - https://www.lifesitenews.com/news/hungary-passes-law-against-homosexuality-prime-minister-renews-vow-to-protect-our-children
'Hungary bans promotion of homosexuality, transgenderism to minors' - https://www.lifesitenews.com/news/hungary-bans-promotion-of-homosexuality-transgenderism-to-minors
'EU to take legal action against Hungary’s anti-pedophilia bill' - https://www.lifesitenews.com/news/eu-to-take-legal-action-against-hungarys-anti-pedophilia-bill
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In this case, the State Attorney reasoned that the law “encroached on exclusive State competence in matters of health coordination.”
This included the possibility for local authorities, in case of “emergency,” to “adopt preventive measures of recognition, treatment, hospitalization or control when there are rational indications suggest the existence of danger for the health of the population,” as well as “isolation at home, hospitalization in a hospital or isolation or internment in another appropriate place” for sick people and quarantining for contact cases, restrictions on freedom of movement and “prophylactic measures to prevent the disease, including vaccination or immunization.”
It was this last provision that prompted the Constitional Tribunal to examine whether the government of Galicia was going beyond its competency. The Tribunal argued:
“Although the procedural representations of the Xunta and the Parliament of Galicia deny that the contested precept provides for compulsory vaccination, the fact is that from its own literal wording and the regulatory context it can be inferred without difficulty that the vaccination measure can be established on a compulsory basis by the autonomous health authorities. Indeed, number 5 of article 38.2.b) refers to the ‘submission’ to measures for the prevention of transmissible diseases, ‘including vaccination.’ This provision has to be placed in relation to the provisions of article 41.bis d) of the Galician Health Law itself, which typifies as a minor infringement ‘the unjustified refusal to submit to preventive measures consisting of vaccination or immunization prescribed by the health authorities, in accordance with the provisions of this law.’ Such a refusal can be qualified as a serious infringement, in accordance with article 42.bis c), when it is liable to ‘produce a risk or serious damage to the health of the population’ and even, in accordance with article 43.bis d), as a very serious infringement if such risk or serious damage is considered ‘very serious’.”
Spain’s organic law contains no provision at all for mandatory vaccination, and such a mandate could have serious consequences, the Tribunal stated in order to justify the continued suspension of Galicia’s health bill regarding such an imposition on the population.
“Well, compulsory vaccination is not a preventive measure that is expressly contemplated in the Organic Law 3/1986, of special measures in public health, and involves a coercive bodily intervention that is practiced independently of the will of the citizen, who must submit to vaccination if this measure is adopted, under penalty of being sanctioned in case of unjustified refusal to be vaccinated, as provided in Article 44. bis of the Galician Health Law, in relation to articles 41.bis d), 42.bis c) and 43.bis d) of the same law. It can therefore be assessed in this case that the lifting of the suspension of the contested provision would be likely to cause certain and effective damages that may be irreparable or difficult to repair, insofar as vaccination may be imposed against the will of the citizen.”
It is obvious that the judges would not have reasoned in this way if vaccination were an insignificant act without potential harmful side-effects.
Instead, while justifying severe restrictions of freedom in the face of an emergency situation related to an infectious disease, the judges decided that forcing a citizen to receive a vaccine goes one step too far.
LifeSiteNews has produced an extensive COVID-19 vaccines resources page. View it here.