Constitución Española: Derechos Fundamentales

Spanish Constitution: Fundamental Rights

The Spanish Constitution, adopted in 1978, is the supreme law of Spain and serves as the framework for the country's democratic government. It guarantees the protection of fundamental rights and liberties for all Spanish citizens and residents. This article will focus on the fundamental rights outlined in the Spanish Constitution, specifically those detailed in Part I, Fundamental Rights and Duties.

Fundamental Rights and Public Liberties

Chapter 2 of the Constitution, which focuses on rights and liberties, is organized into two subchapters. Subchapter 1 covers fundamental rights and public liberties, while Subchapter 2 deals with the rights and duties of citizens.

Right to Personal Liberty

The Spanish Constitution guarantees the right to personal liberty, which means that individuals have the right to move freely within Spain and to choose their place of residence. This freedom is subject to the provisions of the law and the general interest, which can be restricted by law for reasons of public order, safety, or health.

Right to Life and Physical Integrity

Everyone has the right to life and to physical and moral integrity. This means that no one may be subjected to torture or to inhuman or degrading punishment or treatment. The death penalty is abolished, except in cases provided for by military criminal law during times of war.

Right to a Fair Trial

The Constitution ensures the right to a fair trial, which includes the presumption of innocence until proved guilty. It also guarantees that everyone has the right to due process of law and to defend themselves before the courts.

Right to Privacy and the Home

The Spanish Constitution protects individuals' right to privacy in their homes and their correspondence. Exceptions to this right can be made only by a court order when necessary to protect public order or safety.

Right to Education and Culture

The Constitution recognizes the right to education and the right to enjoy cultural and scientific achievements. It also promotes the development of cultural and scientific activities and the dissemination of new knowledge and techniques.

Right to Freedom of Religion and Conscience

Everyone has the right to freedom of thought, conscience, and religion. This right includes the freedom to choose and practice one's religion, as well as the freedom to manifest one's religion either individually or in community with others.

Right to Free Expression and Information

The Spanish Constitution guarantees the right to free expression and information. This right includes the freedom to seek, receive, and impart information and ideas through any medium.

Right to Peaceful Assembly and Association

The Constitution protects the right to peaceful assembly and association, which includes the right to form trade unions and employers' associations to defend and promote their economic and social interests.

Right to Work and Social Security

Everyone has the right to work, and the State is committed to providing a system of social security that ensures a dignified standard of living for all citizens.

Fundamental Rights and Public Liberties: Additional Provisions

The Spanish Constitution also includes provisions for the protection of fundamental rights in specific circumstances. For example, it recognizes the right to strike, as long as it is peaceful and does not disrupt the public order or the normal functioning of public services.

In addition, the Constitution establishes the Defender of the People (Defensor del Pueblo) as a high commissioner to defend the rights contained in this Part. They have the power to supervise the activity of the Administration and report on their findings to the Cortes Generales.

Conclusion

The Spanish Constitution, with its focus on fundamental rights and public liberties, has served as the cornerstone of the country's democratic system since its adoption in 1978. It guarantees the protection of individual rights and liberties, promoting a fair, just, and equitable society for all Spanish citizens and residents.