Mrs. Muñoz Diaz Case – Equality Clause
1. Can Mrs. María Luisa Muñoz Diaz file any appeal against the INSS
refusal? Against whom? How? Through which procedure?
Yes, Art. 53.2 of the Spanish Constitution abolishes the summary and preferential procedure
by the ordinary courts, when there is a breach of a fundamental right. Mrs. Maria Luisa
Muñoz Diaz also can lodge an individual for protection to protect the right that has been
violated (trough the Constitutional Court).
2. What right can Mrs. Muñoz Diaz claim?
She can claim Art. 14 of the Spanish Constitution – violation of the equality clause. She has
been discriminated because she has a Gypsy background. And no one was taking into account
that her father was working his hole life and was listed by the social security for over 19 years
that he was responsible for his wife and six children. – Section 10.2 of the Spanish
Constitution says that Spain must interpret fundamental rights in accordance with the UDHR
and other treaties and most of these recognise pricate and family life. Furthermore Art. 16 of
the Spanish Constitution allows the freedom of ideology.
3. Could this case end up before the Constitutional Court? If so, what
would the proceeding be? What do you think would be the reasoning of the
Constitutional Court?
Yes, as an recurso de amparo. The reasoning would be no breach of fundamental rights,
because Mrs. Muñoz Diaz had many years to register the marriage and she knew that Spain
requires the registration of Catholic marriages.
4. Could this case end up before the European Court of Human Rights? On
what basis? What would the procedure be? What do you think the decision
of the ECHR would be?
Yes, it could end up before the European Court of Human Rights. As I mentioned, Section
10.2. of the Spanish Constitution says that Spain must interpret fundamental rights in
accordance with the UDHR and other treaties and most of these recognise pricate and family
life. Even if this is not explicit in the Constitution. Spain is a party of the ECHR and is a
member of the council of Europe. Mrs. Muñoz Diaz must fill out an application. The
application will be reviewed in order to examine whether there are reasonable grounds. But
there is a great emphazis on equality and respecting the right of ideology and family, that this
judgement will most likely find that Mrs. Muñoz Diaz is entitled to her widows pension,
because she had good faith (family book) and she was married.
Furthermore the ECHR will find that Art. 14 of ECHR has been violated by Spanish
Authorities.
___________________________________________________________________________
Sebastian Poppe (17534882)
08.04.2019
