1970 Law on dangerousness and social rehabilitation
|1970 Law on dangerousness and social rehabilitation|
|Passed||August 4 , 1970|
|Enacted||August 6 , 1970|
|Commenced||February 6 , 1971|
1970 Law on dangerousness and social rehabilitation was a Spanish penal code law approved by Francoist Spain on 5 August 1970. It mainly replaced the 1933 Vagrants and Criminals Law for the control of anti-social elements of society. These included those who practiced begging, homosexuality, vandalism, drug trafficking and consumption, the sale of pornography, prostitutuion and pimping, as well as combating illegal immigration and anyone else considered morally or socially dangerous in Spain.
It established penalties ranging from fines to penalties of five years imprisonment in jails or psychiatric centers for the "rehabilitation" of these individuals.
This law together with that of "public scandal" was used systematically for the repression of homosexuality and transexuality in the final years of Francoist Spain. After Franco's death, the 1975 pardon and the 1976 amnesty did not include any of those impacted by this law or those considered "dangerous social elements."
With the new Spanish constitution, the law remained in force, although without de facto application for homosexuals. In January 1979 several articles of the law were repealed, among them the one referring to "acts of homosexuality". The struggle of gay groups then focused on getting the modification of the law on the public scandal, which they achieved in 1983, and the law's full its repeal in 1989. The law of social dangerousness was completely repealed on 23 November 1995.
In the third additional provision of the Organic Law on Protection of Personal Data 15/1999, of 13 December 1999, the police files of all those repressed with this law were declared confidential, and only historians can access their data for statistical purposes.
- Ley 16/1970, de 4 de agosto, sobre peligrosidad y rehabilitación social. Boletín oficial del estado español (B.O.E) nº187 de 6/8/1970. Incluye un PDF con el texto de la ley y su análisis jurídico]
- Ley 77/1978, de 26 de diciembre, de modificación de la Ley de Peligrosidad y Rehabilitación Social y de su Reglamento.
- B.O.E nº 298 de 14/12/1999. Ley de protección de datos