Judge Ramos Padilla of the 1st Criminal and Correctional Court of La Plata has granted the request for Preventive and Collective Habeas Corpus for the inhabitants of the Province of Buenos Aires who wish to participate in the Federal March of Antifascist and Antiracist Pride. This request arises in response to concerns about the security forces' provisions that could affect the freedom of expression and integrity of the demonstrators.
In the ruling, specific mention is made of resolution 943/23 from the National Ministry of Security, which grants powers to security forces to intervene in public demonstrations. The judge argues that these actions create a hostile environment, especially towards the LGBTQ+ community.
The right to social protest is described as a fundamental pillar of Argentine democracy by the judge, who notes that constitutional rights to peaceful assembly must be guaranteed. Additionally, it is alleged that there are precedents of previous demonstrations and discriminatory public statements that increase the risk for LGBTQ+ individuals.
In accordance with international human rights treaties, the judge highlights the importance of limiting the use of force by authorities, especially in protest contexts. National and provincial authorities are urged to ensure peaceful demonstration and refrain from intercepting protesters without a court order.
Emphasis is placed on the need to protect the right to peaceful assembly, and it is stated that any dispersal measures for a demonstration must have solid grounds and comply with regulations on the use of force. The judge also criticizes public speeches that promote discrimination against LGBTQ+ individuals.
Ultimately, the judge's ruling seeks to guarantee a safe and respectful environment for the manifestation of diversity and social protest, particularly in the context of the Federal March of Antifascist and Antiracist Pride.
