THE CONFRONTATION BETWEEN RIGHTS AND THE PRACTICE OF«ESCRACHES»

Abstract

Abstract:
The recent practice of «escraches» in Spain, in the context of the
economic crisis, has raised a complex debate about the confrontation
between fundamental rights. Indeed, on one hand, it must be taken into account the right to free exercise of public office as well as personality rights (integrity, private and family life and peaceful enjoyment of the home) when not acting as a public representative.

On the other hand, it must be taken in consideration the exercise of other fundamental rights (expression, demonstration) by those who perform escraches. This paper intends to analyze the conflicts between these fundamental rights in order to provide balanced responses, which lead to the following conclusion: «no» to escrache and «yes» to demostration.