The woman who sued the Brotherhood of Slavery of the Holy Christ of La Laguna (Tenerife) for admit only men She has brought her case before the Constitutional Court, understanding that tradition should not be a factor that perpetuates a situation of discrimination against women.
The Supreme Court endorses the exclusion of women from the brotherhood of the Slavery of Christ of La Laguna
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This resource comes after the Supreme Court ruling that upheld the appeal that said religious organization had filed against the sentence of the Court of Santa Cruz de Tenerife that had initially supported the request of lto plaintiff and declared invalid part of the statutes of the brotherhood that prevented the entry of women.
Andrea Cáceres, the lawyer for Teresa Laborda, the plaintiff, explained that the argument of historical tradition, which is the one used by this brotherhood to not admit women, “is not reasonable” and “perpetuates” a situation of discrimination against women. women contrary to the Constitution.
The lawyer recalls that article 14 of the Magna Carta promotes equality and non-discrimination of women and, in her opinion, prevails over the specific norms that may govern the operation of religious organizations such as Slavery. In addition, she has insisted that this prohibition creates social discrimination that also affects half of the population.
The lawyer indicates that the important thing is that the appeal passes “the first filter” which is admission for processing by the Constitutional Court and, to this end, argues the social relevance of this measure and its political repercussion, since the Cabildo de Tenerife approved a motion rejecting the financing of those entities that discriminate against women.
Cáceres does not share the consideration of the Supreme Court that the Brotherhood of Slavery of the Santísimo Cristo de La Laguna does not hold a dominant position in its area, so it does not have the obligation in its self-organization to accept women.
For the lawyer, this brotherhood does have that dominant position in the area of the island and its city due to the activity it develops in the cult of the Christ of La Laguna and reiterates that the internal regulations with which this organization is governed, even if it is of the ecclesiastical sphere, must be subject to the higher legal order “which is the Constitution”.
This argument, he adds, has been defended by the Prosecutor’s Office both in the first two trials, in which they agreed with the plaintiff, and in the Supreme Court, which annulled the first instance sentences.
Cáceres is confident that the appeal will be admitted for processing “and then the case will be studied and a new doctrine will be created” and points out that the plaintiff maintains her position “because it is a matter of principle.”
The lawyer regrets the silence of the Bishopric despite the fact that, on the one hand, she supported equal conditions in the brotherhoods, but later she has adhered to the resources presented by the Slavery.
The Supreme endorses the exclusion of women in the brotherhood
Some devotees of Christ have been claiming the Church in Tenerife for more than 20 years to force that Slavery to end such discriminatory practice. Four years ago, 35 women signed a letter addressed to Bishop Bernardo Álvarez in which they again requested permission to be part of that association. They did not get a response so they had to take the case to ordinary justice.
The Court of First Instance number two of Santa Cruz de Tenerife annulled article 1 of the statutes of the Pontifical Royal and Venerable Esclavitud del Santísimo Cristo de La Laguna association, considering that the exclusion of women as members violates the fundamental rights of equality , non-discrimination on the grounds of sex and association that the Spanish Constitution and the highest community regulations enshrine as fundamental.
However, the Supreme Court, subsequently, upheld an appeal by the brotherhood of the Esclavitud del Santísimo Cristo de La Laguna (Tenerife) against the sentence. For the Supreme Court, it must be taken into account if they are private associations that hold a privileged or dominant position in the economic, social or professional field, in which the decision of the association not to admit the incorporation of a partner can generate in the affected party significant and unjustified damage.
In this case, the High Court considers that the Esclavitud del Cristo cannot be classified as a dominant association, because its activities and purposes “are strictly and exclusively religious”, unrelated to any economic, professional or labor connotation. Also its public and festive manifestations, translated into processional acts, have an “unequivocal” religious character and are protected by the fundamental right to freedom of religion and worship.
