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HUMAN RIGHTS

Els Drets Fonamentals són una de les àrees de pràctica de Silvestre Advocats, advocat Andorra

We defend the fundamental rights of citizens in all areas of jurisdiction

Fundamental rights are basic, universal, inalienable and non-derogable human rights, based on the values of dignity, freedom and equality, which enjoy jurisdictional protection.

Silvestre Advocats carries out the necessary actions to protect the fundamental rights of our clients, either through ordinary procedures or through the extraordinary procedures of Habeas Corpus and urgent and preferential procedures provided for in the Constitution.

PROCEDURES

  • Habeas Corpus procedure: Article 9.3 of the Andorran Constitution states that “the law shall establish a procedure whereby all detainees may appeal to a judicial body in order for it to rule on the legality of their detention. It shall also establish the procedure to re-establish the violated fundamental rights of any person deprived of liberty”.
  • Urgent and preferential procedure: Article 41.1 of the Constitution of Andorra provides that “the rights and freedoms recognised in chapters III and IV are protected by the ordinary courts by means of an urgent and preferential procedure regulated by law, which, in any case, shall be conducted in two instances”.

  • Ordinary proceedings: in the representation of our clients’ interests, we file motions for the nullity of proceedings to ensure the protection of the right to jurisdiction and fundamental rights in the course of ordinary proceedings under article 10 of the Andorran Constitution.

  • We exercise, on behalf of the client, the rights of reply and rectification in accordance with the provisions of Law 30/2014 of 27 November, on civil protection of the rights to privacy, honour and self-image.