In the middle of the debate over Chile's periphery of the United Nations Migration Contribution, the Deputy President of the Supreme gave a speech where he warned that "the intention is to recognize the human dignity of some people to their nationality of origin." In the UDI, they said his words were "dissatisfied", and attributed him to "he is known by all the affection and to comply with Judge Muñoz at the thought of the left "
The lawyers before the plenary of the Supreme Court's minister in court had been marked by a speech by the president of the Supreme Court of Justice, Sergio Muñoz Gajardo, dedicated to respect for migrants.
The issue chosen by the judge is not accidental, taking into account the bitter debate that has dissolved in recent days due to the dismissal of the Sebastián Piñera Government to sign the Migration Preparation of Nations United.
In his speech, the president referred a sub-regulation of the highest court to the migratory processes, stating that "at present the intention is to identify the dignity of people of some of their origin, and, acceptance in a particular political community ".
In this line, he said that "from a general perspective, the Political Constitution of the Republic and complementary norms, without a difference of nationality, recognize all the inhabitants of our country, the fundamental rights that are integral to everyone, among them, the right to equality before law and effective correction for the breach, harassment or threat of their rights. The right to freedom to move to enter the country or leave the country, as well as moving from inside, is guaranteed broadly to "live and stay anywhere in the Republic, move from another and identify and leave their territory, provided that The rules established in the law are observed except at all times prejudice to third parties. "
He added that the judiciary recognized the right to access justice to every person, as well as effective judicial protection for migrants, refugees and non-state people, and has adopted various measures that have aimed to guarantee their rights.
"As rights are generally recognized in relation to each person, without excellence, the rights of migrants are embedded in all human rights instruments, but others of a particular nature have also signed, such as the International Convention on Rights of defense of the rights of migrant workers and their families (1990), "he added.
He also noted that "the higher justice courts, in resolving safeguarding and amparo medicines, have also recognized the special need for security required by immigrants, such as deduction of resources for claiming nationality, protection Right to a nationality of children of foreigners in an irregular migrant situation, among other matters ".
The authority reported on the scope of the Ibero-American Protocol for judicial action to improve access to justice for people with disabilities, migrants, children, young people, communities and indigenous people. "Migrants face multiple barriers that prevent them from accessing justice under equal conditions, because of ignorance of internal regulations, without understanding the language or cultural barriers, as well as the difficulties that & They must face them in order to access legal aid and representation In response to this reality, the Judicial Branch has adopted various measures that have aimed at guaranteeing emigrant rights.
He said, for example, the integration of translators in the courts; implement the Ibero-American Protocol, train its officials and critics in the issues covered by this instrument, and the work of a Protocol for judicial action to improve access to justice to immigrants and subject to international protection.
Finally, invited new and new professionals to undertake their profession "always considering the impact of their work in respecting and protecting the rights of everyone living in our territory, nationally and emigrants, giving special attention to the situation of the most excluded people in our society. "
The anger of the UDI
The words of the minister were not ignored in the UDI, where they were assured that minister Sergio Muñoz "remembers the independence of State powers when it suits him".
In the opinion of deputy unionist Juan Antonio Coloma, the words of Muñoz were "unwise", as well as underlining those decisions on foreign policy matters as "a decision only to the Executive Power."
"Everyone is well-known to Judge Muñoz's liking to comply with a left mind, but I think he would be wise to refrain from publishing this kind of opinion, as he produces a sense of illegality in the face of the State's decision, where at least at the moment, the Supreme Court or one of the members of respect for another State's power, keep tough silence, even more so when there is conflict in the ultimately not getting their knowledge ", the deputy of the UDI and member of the Tŷ Isaf Constitution, Legislation, Justice and Regulatory Committee.
Muñoz investigated the offense of the leader of the Tucapel Jiménez union in dictatorship and then investigated the secret plots of the dictator Augusto Pinochet in the case of Riggs. During Piñera's first government, when the head of the country's top court occupied, he had a public confrontation with the Executive for the "incredible" opinion that La Moneda had in the four years on the work done by the Judicial Power. "This has been accused of even incentives to the judges, there are a number of epithets about the unexpected judiciary," said the judge at the time.
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