In the midst of a discussion on the marginalization of Chile from the UN's migration pact, the deputy chairman of the summit summed up in which he pointed out that "the purpose is to determine the recognition of the human dignity of some people to their ethnic origin". The UDI said that his words were "unwise" and attributed to him "all the affection and respect of Judge Muñoz to the thought of the Left"
The oath of lawyers before the plenary session of the Minister of the Supreme Court in the courtroom was marked by the speech of the President of the Supreme Court Sergio Muñoz Gajard, who is dedicated to respecting the migrants.
The question chosen by the judge is not accidental, given the bitter debate that has been released in recent days due to the rejection of the Government of Sebastian Piñera to sign the United Nations Migrant Pact.
In his speech, the president of the subrogate of the highest court referred to migration processes, stressing that "the aim is to determine the recognition of the human dignity of some people in their citizenship of origin and to accept them in a particular political community".
In this direction, he pointed out that "from a general point of view, the Political Constitution of the Republic and its complementary norms, without distinction of nationality, recognize all the inhabitants of our country, the fundamental rights which are essential for all people, including the right to equality before the law and effective legal a means of violation, disturbance or threat of their rights. The right to free movement is often guaranteed to enter or leave the country and move within it, "to reside and remain in any place in the Republic, move from one to the other and enter and leave their territory, provided that the rules laid down by law are respected and, exceptionally, interferes with third parties'.
He added that the judiciary recognized the right of access to justice for all persons and the effective judicial protection of migrants, refugees and stateless persons and adopted various measures aimed at ensuring their rights.
"As rights are generally applicable to any person without distinction, immigrant rights are included in all human rights instruments, but other specific features such as the International Convention on the Rights of the Protection of Migrant Workers' Rights and Their Families (1990)," he added.
He also pointed out that "higher courts in the resolution of the means of protection and ampara also recognize the special need for protection required by immigrants, such as the deduction of funds for the exercise of citizenship, the protection of the right to nationality of children of aliens in illegal migration situations, among other matters" .
The body reported on the scope of the Ibero-American Protocol on judicial measures to improve access to justice for disabled people, migrants, children, adolescents, communities and indigenous peoples. "Migrants face several obstacles that prevent them from gaining access to justice under the same conditions, because of ignorance of internal regulations, not understanding language or cultural barriers, together with the difficulties they face in order to give them access to help and legal representation. In response to this reality, the Justice Department adopted various measures aimed at ensuring the rights of migrants.
For example, he referred to the integration of interpreters into courts; the implementation of the Ibero-American Protocol, the training of its officials and judges in matters covered by this instrument, and the work of the protocol for judicial measures to improve access to justice for immigrants and international protection.
In the end, he invited new and new experts to carry out their profession "always taking into account the impact of their work in respecting and protecting the rights of all people sowing on our territory, citizens and immigrants, paying special attention to the situation of the most excluded people in our society . "
The Minister's words were not unnoticed at the UDI, where they ensured that Minister Sergio Muñoz "remembers the independence of state powers when it suits him".
According to union deputy Juan Antonio Colom, the words of Muñoza are "unwise", along with the emphasis that the decisions on foreign policies are "decisions that are not executive power".
"The love of Judge Muñoz and respect for the left mind is well known to all, but I think that it would be reasonable not to express such an opinion since, in relation to the decision of the state, it leads to unlawfulness where, at this stage, at least the supreme court or one of its members from respecting other powers of the state, it should keep strict silence, even more so if there is a potential conflict that does not reach knowledge, "deputy UDI and a member of the Constitutional Committee, Legislation, Justice and Arrangements of the lower house.
Muñoz was investigating the criminal offense of trade union leader Tucaphle Jiménez, who happened in the dictatorship and then searched the secret images of dictator August Pinochet in the Riggs case. During the first government, Piñera, having taken the head of the highest court in the country, had public contacts with the executive director for "disordered" opinions that La Moneda had during these four years for the work done by the judiciary. "There were even accused judges on this case, numerous epithets regarding the judiciary, which they have never seen," said the then judge.
Read more – Migration: a punch for a word done as a state