to the Government Delegate in Navarra

To the government delegate in Navarra


On Jan 7, the Spanish newspaper El Mundo reported on the case of Marcio and Javier, resident in the Navarran town of Barañáin. Marcio is Brazilian and Javier from Pamplona. They have lived together for two years and they registered as a civil partnership in Barañáin last March.

In Navarra, Marcio and Javier are a family unit fully recognised under the Civil Partnership Law of the Navarran Community, which enables them to enjoy the same rights as those of civil heterosexual partnerships. Yet for the Spanish State Marcio and Javier are just two persons living together, and hence Marcio does not have the right to obtain a residence permit for having formed a family unit, as laid down in the Spanish state Inmigration Law. According to this law, if Marcio were a woman and his partner heterosexual, he would have the right to settle legally in Spain.

Marcio is thus being discriminated against on grounds of his sexual orientation by the Spanish Government, in a brash violation of the principle of non-discrimination set by Art. 13 of the European Community Treaty.
The European parliament declared in Brussels in 1994 the equality of rights of lesbians and gays and requested the 15 Member States to put an end to the prosecution of homosexuality and to attack by any means all forms of discrimination.

The Town Hall of Barañáin in Plenary session has asked the Delegate of the Government in Navarra Mr José Carlos Iribás to grant a visa exemption and the residence card requested by Marcio, or a provisional residence and work permit until his case is ruled upon, and it is ready to bring the case to the courts should Mr. Iribás refuse.
The Government Delegation has not given a response as yet.

The Association invites you to endorse the initiative of the Barañáin City Hall requesting a residence permit to Marcio to the Government Deegation in Navarra, and the immediate modification of the Spanish State laws on same sex partnerships, to put an end to discriminations on grounds of gender and sexual orientation.

Send your signature to

First Signatories:
-Maurizio Turco, Radical Member of the European Parliament, President of the Radical Members of Parliament of the Emma Bonino List
-Marco Cappato, Radical Member of the European Parliament of the Emma Bonino List
-Rafel Villaró, Secretary of the Association
-Rafael Jiménez Aybar
-Malena Zingoni