González v Spain, UN Human Rights Committee (2001) (excerpts)

González v Spain, UN Human Rights Committee Communication 1005/2001 (excerpts)


4.3       The author claims that there was a violation of article 14, paragraph 1, and article 26 of the Covenant on the ground that she was denied the opportunity to appear before the Constitutional Court without being represented by a procurador.  The author claims that it is discrimination not to require persons with a law degree to be represented before the
Constitutional Court by a procurador when persons without a law degree are required to be so represented.  With reference to its earlier case law, the Committee recalls that, as the Constitutional Court itself has argued, the requirement for representation by a procurador reflects the need for a person with legal training to assume responsibility for proceedings in connection with appeals to that court.  With regard to the author’s claims that such a requirement is not based on objective and reasonable criteria, the Committee does not consider the allegations to have been satisfactorily substantiated for the purposes of admissibility.  Accordingly this aspect of the communication is inadmissible under article 2 of the Optional Protocol.