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National Sovereignty (Article 1.2)

• National sovereignty resides in the Spanish people.
• All state powers emanate from the Spanish people.
• This principle is a cornerstone of democracy.
• This principle sustains the operation of all State institutions.

Political Structure (Article 1.3)

• Spain is established as a social and democratic state under the rule of law.
• The state's political form is a parliamentary monarchy.
• The King has a representative role.
• The King has no executive, legislative, or judicial power.

Constitutional System (Article 161)

• The Constitutional Court guarantees the unity and independence.
• The Constitutional Court guarantees the supremacy of the Spanish Constitution.
• The Constitutional Court interprets and ensures compliance with the Constitution.
• The Constitutional Court is key in protecting fundamental rights.
• The Constitutional Court is key in managing the distribution of powers between the State and autonomous communities.

Equality (Article 14)

• Equality is a principle not explicitly included in the Spanish Constitution.

Fundamental Rights (Title I)

• Title I of the Spanish Constitution focuses on fundamental rights and duties.
• Title I includes individual rights and public freedoms like the right to life.
• Title I includes freedom of expression and the inviolability of the home.
• Title I covers other fundamental rights for individuals and society.

Freedom of Expression (Article 20)

• The Spanish Constitution recognizes this fundamental right.
• It includes freely sharing thoughts, ideas, and opinions through any medium.
• It includes the right to produce literary, artistic, and scientific works.

Limits to Freedom of Expression (Article 20.4)

• Exercising freedom of expression is limited.
• The expression must respect fundamental rights like honor, privacy, and image.
• The expression must preserve public order.

Defensor del Pueblo (Article 54)

• The Defensor del Pueblo (Ombudsman) ensures fundamental rights are upheld.
• The Defensor del Pueblo supervises these rights.
• The Defensor del Pueblo acts as a mediator between citizens and public administration.

Right to Education (Article 27)

• The Constitution guarantees the right to education.
• Education is basic, free, and compulsory at fundamental levels.
• Freedom of teaching is also recognized.

Equality Before the Law (Article 14)

• All Spaniards are guaranteed equality before the law.
• This equality exists regardless of birth, race, sex, religion, opinion, or social status.

State of Exception (Article 116, Organic Law 4/1981)

• Fundamental rights can be temporarily suspended during a state of exception.
• Suspension is possible to ensure public safety and constitutional order.

Right to Effective Judicial Protection (Article 24)

• The Constitution guarantees the right to effective judicial protection.
• It includes access to courts and the right to defense.
• It includes the right to be informed of accusations.
• A public trial without undue delay is also guaranteed.

State of Siege (Article 116)

• Certain fundamental rights can be suspended during a state of siege.
• Rights such as the inviolability of the home, or freedom of expression are affected.
• Also freedom of circulation is impacted.
• Suspensions depend on the necessities of the situation.

Right to Strike (Article 28.2)

• The right to strike is guaranteed.
• An organic law regulates the exercise of this right.
• The law establishes limits and conditions.

Characteristics of Fundamental Rights

• Fundamental rights are directly applicable.
• Fundamental rights are judicially protected.
• Specific procedures, like recourse of protection before the Constitutional Court, are available.

Inviolability of the Home (Article 18)

• The Spanish Constitution guarantees this right.
• Authorities cannot enter a citizen's home without consent.
• Entering without consent is allowed if there is a judicial warrant.
• Entering without consent is allowed if there is an ongoing crime.

Entering a Home Without Consent (Article 18.2)

• Requires judicial authorization or a flagrant offense.
• These exceptions protect public safety and individual rights.

Right to Life and Physical Integrity (Article 15)

• The Spanish Constitution guarantees this fundamental right.
• It prohibits torture and degrading treatment.
• It is considered a core right within the legal system.

Right of Assembly (Article 21)

• The Spanish Constitution regulates peaceful assembly without arms.
• This includes the possibility of demonstration if legal requirements are met.
• The assembly should not disrupt public order.

Freedom of Ideology, Religion, and Worship (Article 16)

• The Spanish Constitution guarantees these freedoms for individuals and communities.
• Public order should not be disturbed.
• The law should not be undermined.

Right to Participate in Public Affairs (Article 23)

• All citizens have the right to participate in public affairs.
• Participation can be directly or through freely elected representatives.
• This includes equal access to public functions and positions.

Citizens' Duty Regarding Natural Resources (Article 45)

• Citizens have a duty to preserve the environment.
• This applies to responsible use of natural resources.
• Public authorities must prevent pollution and protect resources.

Restriction During a State of Alert (Article 116, Organic Law 4/1981)

• Freedom of movement may be restricted.
• Intended to maintain public order and safety.

Right to Legal Certainty (Article 9)

• The Spanish Constitution includes this principle.
• This ensures stability and predictability.

Right to Receive and Communicate Truthful Information (Article 20)

• The Spanish Constitution protects freedom of expression.
• This right includes receiving and sharing truthful information.
• This freedom applies through any means of communication.

Protection of Minors

• Minors receive specific protection.
• Protection in accordance with constitutional principles.
• Article 39 guarantees social, economic, and legal family protection.
• Article 39 protects children's rights.

Right to Establish and Join Trade Unions (Article 28)

• This right is guaranteed by the Spanish Constitution.
• This right is a cornerstone of labor rights.

Constitutional Duty to Pay Taxes (Article 31)

• All citizens must contribute to public expenses.
• The tax system must be fair and based on equality and progressive taxation.
• Taxation depends on each person's economic capacity.

Right and Duty to Work (Article 35)

• The Spanish Constitution guarantees the right to work.
• The work must be decent and paid.
• The Spanish Constitution establishes the duty to work.
• The Spanish Constitution promotes equality and non-discrimination in employment.

Suspension of Fundamental Rights (Articles 55 & 116)

• Articles 55 and 116 regulate the suspension of fundamental rights.
• Suspension is possible in exceptional circumstances, such as states of alarm.
• There are limits and necessary guarantees.

Declaration of a State of Siege (Article 116)

• Requires approval by an absolute majority in the Congress of Deputies.
• The government must propose declaration of a state of siege.

Protection of Fundamental Rights

• Reinforced judicial protection and specific recourses are available.
• Procedures like the recourse of protection before the Constitutional Court, are examples.
• Courts must protect these rights directly and immediately.

Recourse of Protection (Amparo)

• The Defensor del Pueblo can lodge this recourse.
• Lodging is for protecting citizens’ fundamental rights before the Constitutional Court.

Freedom of the Press (Article 20)

• The freedom of the press is guaranteed.
• The freedom of the press is conditional on respecting fundamental rights.
• The freedom of the press is conditional on complying with the law.

Right to Equality (Article 14)

• The Spanish Constitution guarantees equality before the law.
• All discrimination based on various factors is prohibited.
• Discrimination based on birth, race, sex, religion, opinion or social condition is forbidden.

Duty of Public Authorities (Article 40)

• The powers must promote economic, social, and cultural progress.
• They must ensure general welfare.
• This is done through policies promoting development, employment, and social cohesion.

Right to Residence and Free Movement (Article 19)

• The Spanish Constitution grants to all citizens the right to move freely.
• The Spanish Constitution grants to all citizens the right to reside in the national territory.
• Citizens can enter and leave Spain unless legally justified otherwise.

Right to Decent and Adequate Housing (Article 47)

• This right is guaranteed to all citizens.
• Public authorities must promote policies to prevent real estate speculation.

Declaration of a State of Alarm (Article 116, Organic Law 4/1981)

• The Council of Ministers is authorized to declare this state.
• The declaration does not require prior approval from the Congress.

Inviolability and Irresponsibility of the King (Article 56.3)

• The King is not subject to legal responsibility.
• The King's actions must always be endorsed (countersigned) by the Government.

Fundamental Principles (Article 9)

• The Spanish Constitution establishes key principles.
• Key principles include adherence to the rule of law.
• Key principles include predictability of the laws.
• Key principles include the binding obligation to comply with the law.

Right to Freedom and Personal Security (Article 17)

• No one can be deprived of their freedom.
• Deprivation of freedom is acceptable only as provided by law.
• There must be appropriate legal guarantees.

Limits to Ideological Freedom (Article 16.1)

• Ideological, religious, and worship freedom is guaranteed.
• Guaranteed as long as the law and others' fundamental rights are respected.
• A balance between individual liberties and public order is ensured.

Principles Governing Penalties (Article 25.1)

• No one should be convicted for actions that weren't a crime when committed.
• Unfavorable sanctioning provisions cannot be applied retroactively.

Parents' Rights Regarding Religious and Moral Education (Article 27.3)

• Parents can ensure their children receive religious and moral education.
• The education must align with their own convictions.
• The freedom of teaching must be respected.

Right of Petition (Article 29)

• All citizens can petition public authorities.
• Petitions are for actions or measures of personal or general interest.
• Petitions should always be respectful and in writing.

Right to Work and Sufficient Remuneration (Article 35)

• Work must be dignified.
• Remuneration must be sufficient to meet personal and family needs.
• Equality in access to employment is promoted.

Principle of Proportionality

• The principle of proportionality governs any suspension of fundamental rights.
• Includes the regulation in a state of alarm.
• Measures should be appropriate and not exceed what is necessary.
• Guaranteeing that the measures are in proportion to the situation.

Protection of Religious Freedoms (Article 54)

• The Defensor del Pueblo oversees and guarantees fundamental rights.
• The fundamental rights include the protection of religious freedoms in Spain.

Right to Health Protection (Article 43)

• The Spanish Constitution guarantees the right to health protection.
• Public authorities must organize and protect public health
• Public health must be protected via preventive and care measures.