Cultural Pluralism and the State’s Duty in the Spanish Constitution
Culture as a State Duty and the Concept of Spanish Culture
In this paper, we consider culture as a duty of the State, focusing on the concept of a common culture, specifically “Spanish culture.” Here, the State is understood as the central organization of the Spanish nation.
The Nature of Common Culture and Article 149 EC
Section 2 of Article 149 EC (last paragraph), which states: “… and shall facilitate cultural communication between regions, according to them,” introduces a new presumption. Common culture lives and feeds off unique cultures (cultures of the parties). It develops under free and democratic coexistence, which channels cultural pluralism. The State must facilitate cultural communication among the Autonomous Communities in agreement with them, as this is key to the future growth of the common culture.
Cultural Diversity in the EC: Supra- and Subcultures
The text of the Spanish Constitution (CE) is sparse regarding other identities, reflecting both cultural steps above the State and subcultural manifestations of lower rank (territorial or social base):
Supranational Cultural Realities
The Constitutional text lacks specific references to supranational cultural realities linked to Spain’s historical past, such as Spanish-American or Spanish-Arab cultures. The Republican Constitution of 1931 (Art. 50) made specific mention of this. These realities are only spelled out in some cases, such as:
- Article 11.3: Dual nationality treaties.
- Article 56: The King’s representation of the Spanish State in international relations.
- Seventh paragraph of the Preamble: The Spanish nation declares its readiness to cooperate in strengthening peaceful relations and effective cooperation among all peoples of the earth.
Subcultures and Internal Diversity
In real life, cultures are not internally consistent; they are all characterized by a high degree of internal diversity, resulting in multiple forms of subcultural manifestations. To this internal cultural diversity of the peoples of Spain, we must add minorities—both those from other peoples within the State or resulting from immigration phenomena, and other cultural minorities traditionally present in the State (e.g., Roma).
Social Base of Pluralism (Articles 3 and 20 CE)
In Articles 3 and 20 of the CE, the idea of internal pluralism of cultures is more explicit. Article 3 recognizes the existence of a plurality of languages (Art. 3.2 being a linguistic art form, Art. 3.3). Article 20 relates to instruments for the diffusion of culture via State media or any public agency, guaranteeing access to them by significant social and political groups, as well as the obligation to respect the pluralism of society.
Some socio-cultural minorities are not explicitly mentioned in any section, falling solely under the general scheme of the principle of equality (Article 14 CE).
Territorial Base of Cultural Experience
From small towns to metropolitan cities, local authorities represent the final step in defining territorial collective cultural experience. Local beneficiaries are constitutionally protected by an institutional guarantee, considering culture as a basic feature of these collective bodies.
“There lives a community where there is a cultural event for which the government representatives are entitled to competition…”
Constitutional Limits on the Concept of Culture
The concept of culture, despite its high level of abstraction, maintains an independent design not strictly subject to other terms, although it intersects with four categories: politics, economics, culture, and society. This intersection is seen in articles such as:
- Article 48: Relates to youth.
- Preamble: Related to economics and culture.
- Article 7: Economic and social interests.
- Article 39.1: Social protection, economic, and legal status of the family.
- Article 40: Economic and social progress.
- Article 42: Safeguard of economic and social rights of workers abroad.