Spanish Constitution of 1978 (PDF)

## Auxiliary Nursing of the National Institute of Health Management (INGESA) ### Third: The Spanish Constitution ### **I. Introduction** The Spanish Constitution of 1978 (CE) is the fundamental law of the nation, guaranteeing the rights and liberties of all Spanish citizens. This document will g...

## Auxiliary Nursing of the National Institute of Health Management (INGESA) ### Third: The Spanish Constitution ### **I. Introduction** The Spanish Constitution of 1978 (CE) is the fundamental law of the nation, guaranteeing the rights and liberties of all Spanish citizens. This document will guide you through the main points of its structure and content, focusing especially on the articles relevant to the healthcare field. ### **1. Fundamental principles** 1. **Sovereignty and supremacy of the Constitution**: The CE is the supreme law of the land, and all other laws must comply with its provisions. 2. **The rule of law**: The state acts in accordance with the law, and its actions are subject to legal scrutiny. 3. **Separation of powers**: Power is divided between the legislative, executive, and judicial branches, preventing any single branch from wielding absolute power. 4. **Democracy**: The system of government is based on the will of the people, expressed through free and fair elections. 5. **Social and economic rights**: The constitution acknowledges the right to work, education, healthcare, social security, and other fundamental needs. ### **2. The fundamental rights and liberties** * **Chapter II of the Constitution** is dedicated to this, and we will analyze the most important ones: * **Article 14**: Defines equality before the law and proscribes discrimination based on birth, race, sex, religion, opinion, or any other personal or social condition. * **Article 15**: Guarantees the right to life, personal integrity, and freedom. It prohibits torture, inhuman or degrading treatment, and slavery. * **Article 16**: Establishes the right to freedom of ideology, religion, and worship. It prohibits forced proselytism and the lack of freedom to practice one's religion. * **Article 17**: Addresses the right to freedom and security. It safeguards personal liberty against unlawful detention and regulates the conditions of detention. * **Article 18**: Defines the right to freedom of movement, residence, and change of residence within the Spanish territory. * **Article 19**: Establishes the right to freedom of expression, both individual and collective, in writing, oral, artistic, or any other form, without prior censorship. * **Article 20**: Guarantees the right to freedom of assembly, including the right to demonstrate peacefully, unarmed. * **Article 21**: Addresses the right to freedom of association, both union and other forms of association. It allows for association for peaceful purposes and forbids secret or paramilitary associations. * **Article 22**: Defines the right to peaceable assembly and demonstration. It allows for the right to strike. * **Article 35**: Guarantees the right to work and prohibits discrimination based on sex. It specifies that workers have the right to form unions. * **Article 39**: Establishes the duty of parents to provide care and support for their children, both within and outside marriage, until the child reaches maturity. * **Article 43**: Recognizes the right to health protection and to the promotion of health care. It guarantees the right to social security. * **Article 45**: Addresses the duty to protect the environment and regulate the exploitation of available resources. * **Article 46**: Guarantees the right to a decent and sanitary housing and prohibits the use of private property in a contrary manner. * **Article 47**: Enshrines the right to education, specifying that it is free and compulsory in its basic stage. * **Article 49**: Proclaims the right to adequate social services and establishes the duty of the State to promote the integration of individuals with disabilities. * **Article 50**: Guarantees the right to specific services for senior citizens. It establishes the right to adequate pensions and to an appropriate system of social services. * **Article 51**: Defines the duty of the State to safeguard the rights and legitimate interests of consumers and users, and to promote education and user awareness. * **Article 52**: Outlines the role of organizations in defending consumer interests. ### **3. The rights of the citizens - Guarantees** * The constitution establishes a series of guarantees to ensure the effective exercise of these rights and liberties: * **Article 53**: Guarantees that the rights and freedoms mentioned in Chapter II of the Constitution are binding upon all public powers. It clarifies that they can only be regulated by law, respecting their essential content. In the case of a violation of these rights, citizens can resort to the Constitutional Court. * **Article 54**: Creates the position of the Ombudsman (Defensor del Pueblo), an independent institution responsible for defending the rights of citizens against the administration. ### **4. Suspension of rights and liberties**: * **Article 55**: Defines the conditions under which certain rights and liberties can be temporarily suspended during a state of exception or siege. This article is crucial, as these situations require a careful balance between security and the preservation of rights. ### **5. The duties of Spaniards**: **The Spanish Constitution states these essential duties**: 1. **Duty to defend Spain**: It is a mandatory obligation for all Spaniards, as it helps establish a cohesive national identity and ensures the country's security. 2. **The duty of paying taxes**: It is based on the principle of solidarity, contributing to the public good, and ensuring the proper functioning of the welfare system. 3. **The duty of work**: It is a fundamental principle that contributes to individual and collective well-being and economic progress. 4. **The duty of parental care**: It is essential for the development and well-being of children and contributes to the creation of a stable and responsible society. 5. **The duty of environmental protection**: It is crucial for the preservation of the planet for future generations. 6. **The duty of protecting historical, cultural, and artistic patrimony**: It is crucial for preserving cultural diversity and ensuring the transmission of valuable knowledge and traditions to future generations. ### **6. Prohibited associations** * **Prohibited associations**: The Constitution states that secret associations or those with paramilitary characteristics are prohibited. This guide offers a basic overview of the Spanish Constitution, focusing primarily on the most important aspects for healthcare professionals. This includes information on fundamental rights and liberties, government functions, and the duties of citizens, with particular emphasis on health, education, and social rights. It is crucial to remember that these rights and responsibilities are interconnected, contributing to a well-functioning society that promotes individual well-being and common good. This document focuses on a single image and the text information obtained through OCR. The process misses some formatting and context details from the original document. The text may also contain errors due to the limitations of the OCR accuracy. However, the output provides a structured markdown version of the key information from the pictured document.