It is nuanced and has a certain degree of interpretation. So at least the criminal judge believes it Carlos Viader what, yes, considers “normal” the position of the Supreme by the symbol referred to in the sentence that revokes the decision of the plenary session of the Santa Cruz de Tenerife city council when determining as a symbol of the Canarian people the green seven star flag.
“This flag is identified with the movement for self-determination and independence of the Canary archipelago and, even, is identified with terrorist acts. This flag does not represent all canaries and has nationalist and terrorist overtones and it is against constitutional principles”Viader affirms in a telephone conversation with Cadena SER in the Canary Islands.
This criminal judge also considers that the basis for the demonstration of explicit support from local administrations must be built on the foundations of the “equality”. Therefore, the symbols that represent this value, in principle, should not be a problem for those who want to display them as a backup signal.
Viader assures that “you could say with the rainbow flag of the LGTBI movement. It is a flag that does not exclude anyone and that does not stop praising the equality value and of prohibition of discrimination for any circumstance foreseen in article 14 of the Constitution ”.
The lawyer specialized in Constitution of the University of La Laguna, Gerardo Pérez Sánchez, it is more prudent regarding the gaps in the sentence for a more flexible interpretation. In fact, Pérez does not hide that it is “a controversial issue“And notes that”Equality of men and women is established as a function of the municipalities and it could be interpreted that a symbol such as the rainbow flag has a place, but it is an interpretation regarding the legal foundation of that judgment ”.
In fact, Viader acknowledges that “as it is written now, with a literal interpretation, could be used as a basis by groups that do not agree with the raising of unofficial flags or symbols”, Although he acknowledges that in the future “this doctrine will be nuanced why It is not incompatible to put a flag together with the Canary and Spanish that represent values that are constitutional and that they do not prevent the Public Administration from acting with objectivity and neutrality; we could think of the pink ribbon of breast cancer that the Santa Cruz de Tenerife city council could wear on its balcony because it extols constitutional values ”.
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