Spanish Constitution Rights & Freedoms (PDF)

# AUXILIAR DE ENFERMERÍA DEL INSTITUTO NACIONAL DE GESTIÓN SANITARIA (INGESA) ## Rights and Freedoms enshrined in the Spanish Constitution This document outlines the rights and freedoms listed in the Spanish Constitution of 1978, focusing on the rights that are particularly relevant to individual...

# AUXILIAR DE ENFERMERÍA DEL INSTITUTO NACIONAL DE GESTIÓN SANITARIA (INGESA) ## Rights and Freedoms enshrined in the Spanish Constitution This document outlines the rights and freedoms listed in the Spanish Constitution of 1978, focusing on the rights that are particularly relevant to individuals' well-being and participation in society. **1. Rights of Detainees and the Habeas Corpus Procedure:** * Detainees must be informed immediately and comprehensibly of their rights and reasons for detention. * They have the right to legal counsel and access to free legal aid. * Habeas corpus proceedings must be initiated to produce the immediate release of anyone detained illegally. * The duration of provisional imprisonment is defined by law. **2. Fundamental Rights:** * **The Law on Protection of Citizen's Security and the Law on National Security:** * These laws provide further context for protecting individual rights. * **The Right to Honor, Personal and Family Privacy and one's own Image:** * It is enshrined in Article 18 of the Constitution. * The law prohibits unwarranted entry into or search of a person's home, except in cases of a serious crime, with judicial oversight. * Communication secrecy is guaranteed, including postal, telegraphic, and telephone communications. * The right to privacy against unwarranted data collection is recognized. * The use of informatics is regulated to protect personal honor and privacy. * **The Right to Freedom of Movement and Residence:** * Individuals have the right to choose their residence and move freely within Spain, subject to legal limitations. * This right cannot be limited for political or ideological reasons. * **The Right to Freedom of Expression:** * This includes: * Expressing thoughts and opinions through various means. * Engaging in creative pursuits. * Receiving and transmitting truthful information. * Freedom of teaching. * Invoking conscientious objection in the professional context. * Censorship before publication is forbidden. * The state ensures the control of public media outlets and access for various social and political groups. * **The Right to Association:** * Associations must be registered with the government for publicity purposes. * Secret and paramilitary associations are outlawed. * **The Right to Political Participation:** * Citizens can participate directly and through elected representatives in public affairs. * The right to hold public office is granted with legal requirements. * Laws address gender equality in accessing public office. * **The Right to Effective Legal Protection:** * Everyone has the right to judicial protection of their rights. * The law guarantees key aspects of due process, including: * The right to a fair and impartial trial. * The right to legal representation and to be informed of charges. * The right to remain silent or to refuse to testify against oneself. * The presumption of innocence. * **The Principle of Legality:** * No one can be punished for actions or omissions that were not defined as crimes or offenses at the time they occurred. * Sentences must aim at rehabilitation and not involve forced labor. * **The Prohibition of Courts of Honor:** * These courts cannot be established in the public or professional setting. * **The Right to Education:** * It is a fundamental right for all. * The state ensures free and compulsory basic education. * Parents have the right to choose their children's religious and moral education. * Freedom of teaching is recognized. * The state promotes education through a comprehensive program and supports the creation of educational institutions by individuals and organizations. * Teachers, parents, and, where applicable, students participate in the governance of public schools. * The state oversees and standardizes the educational system. * The autonomy of universities is established by law. * **The Right to Form Unions:** * Citizens have the right to establish and join unions. * Unions and labor organizations can form confederations and participate in global organizations. * The right to strike is guaranteed, with legal provisions to ensure essential services are maintained during strikes. * **The Right to Petition:** * Individuals and groups can petition the government in writing. * **The Right to Defend Spain:** * Citizens have the right and duty to defend Spain. * Individuals can object to military service based on conscientious grounds. * Alternative service options exist for those who object to military service. **3. General Principles:** * The state is prohibited from applying sanctions that directly or indirectly result in deprivation of liberty. This summary offers a brief overview of the fundamental rights and freedoms protected under the Spanish Constitution. The specific legal provisions governing their application and exceptions are detailed in various laws and regulations that are referenced in the document.