The Court, in its resolution, directs the Legislature, the Supreme Court and the President to refrain from violating the rights of the elderly in accordance with international law.
The Family Chamber of the Eastern Division of San Miguel yesterday suspended the application of Legal Order 144, which amends the Judicial Work Act and requires judges and magistrates over the age of 60 to serve 30 years or retire.
In its resolution, the Family Chamber states that it will exercise its powers and, in part, adhere to traditional controls, which is why it “prioritizes the Inter-American Convention on the Protection of the Human Rights of the Elderly. Order Assembly No. 144 08/31/2021, which contains amendments to the Judicial Work Act because these are contrary to the provisions of the International Covenant.
The lawsuit was probably funded by Justices Rosvinda Portillo Matteo and Geofredo Campos Rosa. Both attorneys argued that the reforms violated not only the Constitution of the Republic, but also fundamental rights and the provisions of the Family Code.
# Last | The Family Council suspends the application of Legislative Order 144 and orders the Legislature, the President and the Supreme Court to refrain from committing acts contrary to human rights. pic.twitter.com/05XyKXVGIt
– elsalvador.com (elsalvadorcom) September 23, 2021
The move was confirmed yesterday by the head of the Supreme Court, Scar Lopez Jerusalem, after 77 judges resigned and demanded that 80 be in power. The sixth trial judge, Roberto Arvalo Arduino, and Jorge Guzman, the trial judge of San Francisco Codora, announced their results yesterday.
Judge Arvalo Arduino said on Thursday that his resignation would take effect today (yesterday) and that he had made the decision “because of the uncertainty that prevailed after the approval of the order” and for the peace of him and his family.
Judge Guzman, in a note to suspend the proceedings, said that Order 144 violates the constitutional principles of independence of the powers, judicial independence, job security and protection of the family.
According to Guzman, it decides to suspend its operations because it does not accept legal and ethical responsibility for the inconsistency of the Supreme Court ruling.
The order affecting these judicial officers was approved by the Naib Bukhel regime on August 31, which has been in effect since September 25, but it has been suspended by a decision of the Trust.
The Foundation’s decision is based on the Republican Constitution, the Family Code, the Comprehensive Protection Act for the Elderly, and the Inter-American Convention on the Protection of the Human Rights of the Elderly. Such as the rights to equality for adults and the right to work and the enjoyment and protection of non-discriminatory rights and stability in the office.
But the office must also stand alone for stability, dignity and the right of the elderly to receive good treatment by the state.
As a precautionary measure, more than 250 judges over the age of 60 or with 30 years of service will not be suspended.
It also mandates that the Legislature, the President and the Supreme Court abstain from human rights and the rights of the elderly who hold the office of judges and judges of the entire Republic.
“The immediate effect of the previous decision is that judges and judges of 60 years or more or who have served 30 years should remain in office until the final verdict in that court,” the chamber resolution states.
It also gives all three state powers to comply with the judgment within ten days.
It is a reminder of the three powers of the state, and at that conference El Salvador promised not to accept measures that would affect the elderly.
Since approving the reforms in question, the ruling party on August 31 protested against the decision of the judges and argued mainly two things: the legislature has not had a legal initiative to promote these reforms because it is the responsibility of the Supreme Court to do something about it.
Another charge is that it is an illegal bill and a violation of the human rights of judges and magistrates over 60 years of age.
Protest and bonus promise
Judges such as Sidney Blanco and Juan Antonio Duron have vehemently questioned whether judges elected on the basis of constitutional practice are not opposed to these reforms, whether they are unconstitutional, or order the adoption and implementation of Supreme Court resolutions.
The reforms, which were approved by the legislature on August 31, will affect about 250 judges and judges nationwide, 100 of them in the Eastern Region.
The court summoned the court where the judges were represented, after they had asked the Supreme Court to rescind the judges’ protests and the order ordering their withdrawal. There, he expected Magistrate Oscar Lopez Gerais, as chairman of the court, to pay 24 salaries to those who resign or submit to the available regime before the decree comes into force, as mandated by the ruling party of the Constituent Assembly.
Last Wednesday, the Supreme Court set a deadline for judicial staff affected by Assembly Order 144, requiring them to resign before this September 24 so they can receive the bonus, otherwise they will be fired.
Yesterday, Lopez Gerres said, “In the meetings we held with them, we asked them to pay 24 salaries to those who resigned. I will contract them with the full court and the Ministry of Finance will provide funding.” To the whole court for that. “
But voices like Third Sentence Judge Juan Antonio Duran have said it is doubtful whether there is money in the treasury to fulfill the 24 pay promise.
“Travel aficionado. Infuriatingly humble reader. Incurable internet specialist.”