1970 Law on dangerousness and social rehabilitation

Criminal law in Spain January 2021 1970 Law on dangerousness and social rehabilitation Cortes Españolas August 6, 1970 August 4, 1970 February 6, 1971 November 23, 1995 November 6, 1978 The 1970 Law on Social Danger and Rehabilitation (la ley de peligrosidad y rehabilitación social) was a Spanish penal code law approved by dictator Francisco Franco's regime on August 5, 1970.Ley 16/1970, de 4 de agosto, sobre peligrosidad y rehabilitación social. Boletín oficial del estado español (B.O.E) nº187 de August 6, 1970. Incluye un PDF con el texto de la ley y su análisis jurídico The Law of Danger and Social Rehabilitation specifically criminalized homosexuality and established a spectrum of punishments for citizens caught engaging in homosexual acts, including time in concentration camps or prison. The anti-homosexuality clause of the law was repealed following the end of Francisco Franco's regime, but homophobia continued long past the political transition.Melero Alejandro Placeres Ocultos: Gays y Lesbianas en el Cine Español de la Transición Notorious 2010 Madrid 15–46 Content of the Law The Law on Social Danger and Rehabilitation replaced the 1933 Law on Vagrants and Criminals (la ley de vagos y maleantes) which sought to punish and exclude "antisocial" members of society, such as beggars, vandals, drug traffickers, pornographers, prostitutes, pimps and illegal immigrants. Although the jurisdiction of the Law of Vagrants and Criminals was officially extended in 1954 to include homosexuals as "antisocial" members of society, the law never targeted them specifically.Pérez-Sánchez Gema Franco's Spain, Queer Nation? https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1485&context=mjlr University of Michigan Journal of Law Reform 33 3 380 Under the 3rd point of the 2nd article in the Law on Social Danger and Rehabilitation, "those who carry out acts of homosexuality" were officially criminalized, along with ruffians, pimps, prostitutes, pornographers, beggars, addicts, drug dealers, gang members, and others who disregard the norms of social coexistence. Punishments for homosexuality included internment in rehabilitation establishments for periods lasting between six months and five years, exclusion from visiting certain public spaces or from living in specific neighborhoods, and possible prison time. There were two concentration camps set up for prisoners under this law: one in Badajoz and one in Huelva. Although not written into law, punishments would sometimes include torture, public humiliation, or forced medical procedures such as shock therapy, which attempted to rid subjects of homosexuality. Impact The regime justified punishment conditions by framing homosexuality as a disease and popularizing a discourse centered on the "inherent perversion" of homosexuals, who were painted as a threat to society, and particularly to young people. The law perpetuated a widespread fear of public scandal and political persecution throughout the queer community of Spain. The overwhelming majority of those persecuted under this law were men, which divided the gay and lesbian communities and added to a popular culture of invisibility around Spanish lesbians.Llamas Ricardo Spain: Passion for Life, Una Historia del Movimiento de Lesbianas y Gays en el Estado Español VIII 191–294 Several activist groups were established during the Spanish political transition to advocate for homosexual rights and the repeal of the 1970 law. The first demonstration for homosexual rights in Spain occurred in Barcelona in 1977, with the first pride march following in Madrid a year later, and both were met with brute force from law enforcement.Galván García Valentín 2017-12-22 De vagos y maleantes a peligrosos sociales: cuando la homosexualidad dejó de ser un delito en España (1970-1979) Daímon 67 10.6018/daimon/290891 1989-4651 free Scholars accredit the growth of the LGBTQ rights movement in Spain to the "defense of identity" that followed the identification and criminalization of homosexuality in the 1970 Law on Social Danger and Rehabilitation.Tomás Jordi M. Monferrer 2003 La construcción de la protesta en el movimiento gay español: la Ley de Peligrosidad Social (1970) como factor precipitante de la acción colectiva http://dx.doi.org/10.2307/40184541 Reis 102 171–204 10.2307/40184541 40184541 0210-5233 subscription free Repeal and Post-Francoist Spain The final years of Franco's dictatorship are characterized by increasingly repressive policies, the 1970 Law included. Even after Franco's death in 1975, Spanish legislation often did not favor the rights of the queer community. The 1975 general pardonGiniger Henry September 26, 1975 Spain Announces Clemency Move The New York Times https://www.nytimes.com/1975/11/26/archives/spain-announces-clemency-move-pardon-for-some-political-prisoners.html and the 1977 amnesty law, which freed political prisoners from the Franco regime, did not extend to those citizens who had been punished under the Law of Social Danger and Rehabilitation.BOE.es – Documento BOE-A-1979-700 https://www.boe.es/buscar/doc.php?id=BOE-A-1979-700 May 5, 2020 www.boe.es 658–659 thumb|Spanish Constitution of 1978 Newly elected members of the 1977 Congress of Deputies from the Communist Party of Spain proposed an amendment to the Law of Social Danger that included the repeal of its third section, which criminalized those participating in homosexual acts.Martínez, Ramón 2017 Lo nuestro sí que es mundial : una introducción a la historia del movimiento LGTB en España Egales 978-84-17319-00-7 1023816982 Along with the ratification of a new democratic constitution in Spain on December 6, 1978, this part of Law of Social Danger was overturned, as Judge Miguel Lopéz Muñiz argued that it was a "product of the Franquista regime," but many homosexual prisoners were not released until a year later, in 1979. In January 1979, several articles of the law were repealed, among them one referring to "acts of homosexuality." On November 23, 1995, the Law was repealed in total by the 10th Organic Law of Penal Code.Jefatura del Estado Ley Orgánica 10/1995, de 23 de noviembre, del Código Penal 1995-11-24 https://www.boe.es/eli/es/lo/1995/11/23/10 Ley Orgánica 10/1995 33987–34058 2023-10-18 On December 13, 1999, the third additional provision of the Organic Law on Protection of Personal Data 15/1999 established that the police files of all those repressed by this law would be declared confidential, and only historians would be able to access their data for statistical purposes.B.O.E nº 298 de 14/12/1999. Ley de protección de datos References Category:LGBTQ law in Spain Category:Legal history of Spain Category:1995 in Spain Category:1989 in Spain Category:1979 in Spain Category:1970 in Spain Category:Lesbian history in Spain Category:Criminalization of homosexuality Category:Anti-LGBTQ law Category:Repealed legislation Category:Homophobia in Europe